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Not-quite eviction notices...?

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  • Not-quite eviction notices...?

    When mom lost her job back in 2007, we talked to the leasing office and agreed that while we could not have the entire rent on the 15th, it would be paid by the end of the month (IIRC, the only due date actually mentioned in our lease is the last day of the month).

    Since their office got a new manager 3 or so years ago, we've been getting near-constant letters hand-delivered any date after the 15th of the month. Return address of the envelope says "Constable" but the only name on the letter itself is this office manager. The verbiage of the letter has also changed recently; before last month it simply said "you are hereby ordered to pay and quit these premises within 14 days". Last month's letter was much wordier after that section, stating that "any eviction action is up to the courts" but the pay window had been reduced to three days and we always get these things on a Friday evening. The one we just got not 20 minutes ago is back to the old threatening wordings "pay or else"...and now there are two copies in the envelope (that may actually be good for us as we can give Town Housing Authority an original...but why do they give us two all of a sudden?).

    When this started happening mom actually did contact the state, and was told that this is harassment (especially given that I am technically disabled and mom is now officially elderly...both 'protected classes' in terms of housing) and they legally can't even send a letter unless a tenant has had no payments of any kind for 90 days..one would think a constable would know this, but there have been questions raised about the legal powers they actually have in this state vs. what they get away with. We've gotten these things over a $500 balance that was paid the day the letter was dated.

    We are on the priority waitlist for town public housing (these letters are what finally got things moving), but we don't want to bring more attention to ourselves. Should we try to contact a housing lawyer (just to confirm what they can and cannot do to tenants in good standing)? It must cost management some money each time they do this, so what do they hope to get out of it? Unless it's to somehow put a 'blemish' on the payment history...
    Last edited by Dreamstalker; 12-22-2017, 10:33 PM.
    "I am quite confident that I do exist."
    "Excuse me, I'm making perfect sense. You're just not keeping up." The Doctor

  • #2
    First I'd look for a tenant's-rights group for advice. Failing that or depending on the advice, then the lawyer.

    Just to be sure, to you have your altered due date in writing from the old management, and acknowledgement from the new management?

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    • #3
      Your local Bar Association might have a group that does low cost or free law help. Keep the envelopes. It sounds like a scam/attempt to intimidate you by falsely putting law enforcement address on the letter. If they are wrongly using an address of a government official to scare you, they may well be committing a felony.

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      • #4
        I don't think she ever got the agreement in writing, because at the time nobody made an issue of it (the only hard-and-fast due date was the end of the month) until this new office person. I'll take a look at our lease and see if they changed the due date...even so, it is (or should be) on record what our situation is. Go figure, we get tenants who are attracting vermin and partying at all hours yet we're getting these notices.

        There's no actual address (other than ours) on the envelope, just "Constable". No name other than this office manager, so given that--and the fact that the wording of the letter has changed a few times--mom doesn't think this came anywhere near anyone with law experience. I actually found the exact form letter online; of course we're keeping all the letters and we've actually started a notepad with payment dates and dates the letters are delivered. A few times whoever delivers them was actually able to get into the building and slip it under the apartment door...I didn't think they could do that either (unless the outer door lock was broken at the time, but I still don't think that's kosher).
        Last edited by Dreamstalker; 12-23-2017, 11:17 PM.
        "I am quite confident that I do exist."
        "Excuse me, I'm making perfect sense. You're just not keeping up." The Doctor

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        • #5
          Your local constable's service might be displeased with the office manager's use of the term. I think you have lots of ammo to use against this apartment complex. I also think they're likely to be pulling this on other residents. I suggest you do go ahead and contact an attorney.

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