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  • THIRTEEN months?

    My landlord’s a sly one. At least, HE thinks so.

    In February, the building I live in got bought from the old landlord, who was a fairly responsible property owner. The new guy…. Not so much. Now, the grass doesn’t get cut. The walks don’t get shoveled. Etc, etc.

    He also has the bad habit of letting himself in when I’m not there. I actually caught him at it one night, when I came home from work early only to find him in my living room. There was some half-assed excuse that the downstairs neighbors had been complaining of a water leak, but fat chance finding any plumbing in the LIVING ROOM (I later did ask the downstairs neighbors whether they’d complained of a water leak – they knew nothing about it.)

    Mr. Landlord has been made quite aware that if I catch him in my home again without a legitimate excuse, he would have a very long, very expensive hospital stay.

    His latest stunt, though, is a scam attempt.

    Okay, the rent is a monthly thing. The agreement we have is that the rent is due on the 5th of the month – EVERY month. This is regardless of whether there are 28, 29, 30, or 31 days in the month. So rent is paid 12 times annually. Pretty much the standard arrangement, right?

    What he’s trying to do, however, is convince me there are actually 13 ‘monthly’ periods in a year. Because, his logic is there are four weeks in a month, and because there are 52 weeks in a year, there should be a 13th rent payment each year.

    Perhaps he’s right, but that’s not the way the agreement is worded. The agreement is worded the 5TH of every month. There are twelve months in a year. It’s been that way since, like, forever. And it’s not likely to change anytime soon.

    When I called this discrepancy to his attention, he just waved his hand dismissively and said, and I quote “I don’t care what that agreement says.”

    Really? Are you SURE? Is that your FINAL answer? Because guaranteed the courts are going to look at what’s on the agreement, and NOT your half-assed view of the calendar.

    I’m under no misconception that this is over. He’ll just raise the rent now. But now the rent hike will be ‘official’ and he’ll have to pay taxes on it. The ‘13th month’ strategy, I’m pretty damned sure, was going to be ‘off the books’. And I’m pretty sure I don’t want to live here any more anyway.
    Last edited by ADeMartino; 09-05-2013, 08:12 PM.

  • #2
    I see what he's doing and my very first landlord did that. Rent was due every four weeks, not once a month.

    Comment


    • #3
      I don't mind whether the rent is paid 12 or 13 times a year: I just multiply the payment by 12 (or 13) and compare the yearly rates when I'm choosing a place.
      Seshat's self-help guide:
      1. Would you rather be right, or get the result you want?
      2. If you're consistently getting results you don't want, change what you do.
      3. Deal with the situation you have now, however it occurred.
      4. Accept the consequences of your decisions.

      "All I want is a pretty girl, a decent meal, and the right to shoot lightning at fools." - Anders, Dragon Age.

      Comment


      • #4
        Remember the three D's: document, Document, DOCUMENT! With a landlord like this, there's a 99% chance you'll have to fight him for your deposit, and establishing a pattern of illegal and adversarial behavior will give you a good framework if you have to take him to court.

        Is this guy the owner, or does he work for a larger realty company? If he's not the owner, I would strongly suggest passing these documents and your complaints off to the home office. At bare minimum it will establish a paper trail if you're forced to take legal action, but a reprimand from the home office might get him back on the straight and narrow - or at least illustrate that you won't be pushed around.

        Comment


        • #5
          Grendus is right about the 3 D's. This is the kind of who will make you go to court for deposits. I agree with going over his head, if possible. Also consider some kind of video security system. Tell me your valuables are secured (preferably off-site).
          I'm trying to see things from your point of view, but I can't get my head that far up my keister!

          Who is John Galt?
          -Ayn Rand, Atlas Shrugged

          Comment


          • #6
            I would change the locks. Now. Get them rekeyed, at the very least. Then if he decides to let himself in, his choices will be A) call you, B) call a locksmith, or C) break in. If A, you'll know. If B, he'll be spending money. If C, you can call the police and that'll be the end of Evil Landlord. For a day or two, anyway.

            ETA: I don't know where you're at, but here in Desert Hell, the law is very clear about this sort of thing, and believe me, it's very much on the tenant's side.
            Last edited by Deserted; 09-06-2013, 11:22 PM. Reason: forgot something...
            Fool me once, shame on you. Fool me twice, you speak with the Fraud department. -- CrazedClerkthe2nd
            OW! Rolled my eyes too hard, saw my brain. -- Seanette
            she seems to top me in crazy, and I'm enough crazy for my family. -- Cooper
            Yes, I am evil. What's your point? -- Jester

            Comment


            • #7
              I would definitely check the local/county statues/rules for landlord/tenant interaction. Usually there are rules (unless overridden in the lease although if they contradict local laws they are invalid) concerning tenant/landlord interaction such as entering the rental unit without notice or permission (yes emergencies override).

              Techinically he is "correct" about the 13 4 week periods in a year. Most businesses use this period division to keep things neat. BUT unless the LEASE SPECIFCALLY STATES THERE ARE 13 RENTAL PERIODS for a one year lease, he is full of shit and is trying to bullshit you into paying extra rent. I am assuming you DO have a formal rental agreement/lease IN WRITING????
              I'm lost without a paddle and headed up SH*T creek.
              -- Life Sucks Then You Die.


              "I'll believe corp. are people when Texas executes one."

              Comment


              • #8
                Quoth Racket_Man View Post
                I would definitely check the local/county statues/rules for landlord/tenant interaction. Usually there are rules (unless overridden in the lease although if they contradict local laws they are invalid) concerning tenant/landlord interaction such as entering the rental unit without notice or permission (yes emergencies override).
                Here in Desert Hell, the only rules are law. Leasing contract includes wording that contradicts the law? Contract is invalid (or at least that part of it; not a lawyer so unsure how that works).

                Quoth Racket_Man View Post
                Techinically he is "correct" about the 13 4 week periods in a year. Most businesses use this period division to keep things neat. BUT unless the LEASE SPECIFCALLY STATES THERE ARE 13 RENTAL PERIODS for a one year lease, he is full of shit and is trying to bullshit you into paying extra rent. I am assuming you DO have a formal rental agreement/lease IN WRITING????
                I should hope so. I would never live anywhere without something in writing. If the lease specifies "monthly", I'd love to hear him argue his theory before, say, a judge.
                Fool me once, shame on you. Fool me twice, you speak with the Fraud department. -- CrazedClerkthe2nd
                OW! Rolled my eyes too hard, saw my brain. -- Seanette
                she seems to top me in crazy, and I'm enough crazy for my family. -- Cooper
                Yes, I am evil. What's your point? -- Jester

                Comment


                • #9
                  Sorry, everybody, for the delay in replying. On Friday morning, I had to go to the hospital, and only got discharged this afternoon .

                  To address the comments and questions:

                  ONE: Mr. Landlord has been told that, as long as I'm paying rent on the property, it is my home sweet home, and any further unauthorized access will be dealt with as a home intrusion. As in, the authorities will remove him from the building. FEET FIRST.

                  Two: The WRITTEN agreement between myself and the previous landlord spells it out very specifically: $XXX per month, due on the fifth of each month. The rental agreement has not been updated since the new landlord bought the building in February. His 'thirteenth period' gambit - which, incidentally, he's trying to apply four years retroactively - is just an attempt at some 'off the books' free cash. Yes, you read that correctly - he's claiming I owe him 16 weeks' worth of rent, even though he hasn't even been my landlord for a full year yet. He's discovering that I'm not quite as stupid as he thinks I am.

                  THREE: I've contemplated changing the locks, but the decision has already been made to move. If he's going to play games like this, I don't want any part of it. As for the deposit, I'm going to use the oldest of known tactics - I simply won't pay the last months' rent, and let him keep the deposit. It works out the same anyway - in fact, it probably works to my favor because if he's going to try stunts like this I'm sure there's going to be quite a game getting my deposit back.

                  There's more to this yet, but frankly the meds are making me loopy. I'll post more later.

                  Comment


                  • #10
                    How the hell does he think he can collect rent for a time period when he didn't own the building?


                    Yeah, I think it's safe to assume he'll use whatever excuse he can to keep the deposit. (Though if you can afford to forgo the money it might be worth it just to get out...)
                    I don't go in for ancient wisdom
                    I don't believe just 'cause ideas are tenacious
                    It means that they're worthy - Tim Minchin, "White Wine in the Sun"

                    Comment


                    • #11
                      Quoth BookstoreEscapee View Post
                      How the hell does he think he can collect rent for a time period when he didn't own the building?
                      Sadly, I bet more than a few folks will buy into it just so as to not "make waves". Especially if he threatens eviction and these folks will believe "authority" without challenge. Slumlord needs to have some karmic action catch up forthwith before he starts destroying the lives of those less educated/more compliant .
                      But the paint on me is beginning to dry
                      And it's not what I wanted to be
                      The weight on me
                      Is Hanging on to a weary angel - Sister Hazel

                      Comment


                      • #12
                        Quoth Deserted View Post
                        If the lease specifies "monthly", I'd love to hear him argue his theory before, say, a judge.
                        Or anyone with more than a fourth grade education. Like, say, a fifth grader.

                        Quoth ADeMartino View Post
                        Sorry, everybody, for the delay in replying. On Friday morning, I had to go to the hospital, and only got discharged this afternoon.
                        Never, ever, EVER, apologize for being in the hospital. Take care of yourself, and if you feel the need, explain the absence, but never apologize for being gone for medical reasons. Those who are sympathetic don't need an apology. And those who would have a problem with you being gone for medical reasons don't deserve an apology OR an explanation.

                        Quoth ADeMartino View Post
                        Mr. Landlord has been told that...any further unauthorized access will be dealt with as a home intrusion. As in, the authorities will remove him from the building. FEET FIRST.
                        Bravo, sir. Bravo.

                        Quoth ADeMartino View Post
                        His 'thirteenth period' gambit - which, incidentally, he's trying to apply four years retroactively - is just an attempt at some 'off the books' free cash. Yes, you read that correctly - he's claiming I owe him 16 weeks' worth of rent, even though he hasn't even been my landlord for a full year yet.
                        So you owe me extra rent for four years, despite the lease saying otherwise, and despite, ya know, him not having been the landlord for that time. So, because you didn't pay the original landlord the full amount that the new landlord thinks you owed, you should pay the difference to the new landlord.

                        Riiiiiiiiiiiiiiiiiiggggghhhhhhtttttt......

                        Even if him changing the rules of the lease while the lease is still in effect had ANY legal standing--and it doesn't--let's take a look at how that particular ploy would work in other parts of your life.

                        "Sir, I overheard you saying that you had a lovely steak at Rapscallion's Bear & Beer last week. They are notorious for undercharging for their food. So I'm going to have to add $20 on to your bill here at DeMartino's."

                        "I see you've had your engine tuned. Well, I know that a tuning like this costs more than the other mechanics in town charge. So I'll just add $50 on to your bill for this oil change."

                        "A Nike fan, huh? Nikes are great. And you made a great choice with these cross trainers, sir. But since I know that you only paid $80 for your old ones, and they are clearly better than that, we are going to charge you $130 for this $90 pair. To make up the difference, you understand."

                        "Welcome to Jester's Liquor & Stiquor. Ah, I see you're taking advantage of our special on Spanish reds today. Excellent choice, ma'am. So, two $30 bottles of Marques de Caceres Gran Reserva, that'll be $125. After all, you really should've paid more for them last time.

                        Quoth ADeMartino View Post
                        I've contemplated changing the locks, but the decision has already been made to move. If he's going to play games like this, I don't want any part of it.
                        Change the locks.

                        Because this weasel, once he knows you're leaving, will see no reason not to fuck with you, or try to take your shit. Which he WILL know, at the latest, when you don't pay that last month's rent. A few bucks now on new locks will be worth a lot of avoided heartache (not to mention "missing" property) down the road.

                        Change the fucking locks.

                        Quoth ADeMartino View Post
                        It works out the same anyway - in fact, it probably works to my favor because if he's going to try stunts like this I'm sure there's going to be quite a game getting my deposit back.
                        There won't be a game. He just won't give you any part of the deposit back. Honestly, there is nothing you can do from this point forward to get even a portion of that deposit back, short of breaking and entering into his apartment. He has exactly zero intention of giving you back any amount higher than zero.
                        Last edited by Dave1982; 09-12-2013, 02:07 AM. Reason: removed fratching comment

                        "The Customer Is Always Right...But The Bartender Decides Who Is
                        Still A Customer."

                        Comment


                        • #13
                          Quoth ADeMartino View Post
                          ONE: Mr. Landlord has been told that, as long as I'm paying rent on the property, it is my home sweet home, and any further unauthorized access will be dealt with as a home intrusion. As in, the authorities will remove him from the building. FEET FIRST.
                          I'm not sure where you are located, but many US states (and certain other countries) have a law that is referred to as a "castle doctrine". In addition to defining "castle doctrine", that page also has a concise summary of some states' laws (but not all; Arizona's is missing, for example -- and I am not a lawyer; this is not legal advice). Such a law seems possibly appropriate to your situation, if your area has one, because you never know what this WONDERFUL PERSON might do now.

                          Quoth Jester View Post
                          Change the locks.

                          Because this weasel, once he knows you're leaving, will see no reason not to fuck with you, or try to take your shit. Which he WILL know, at the latest, when you don't pay that last month's rent. A few bucks now on new locks will be worth a lot of avoided heartache (not to mention "missing" property) down the road.

                          Change the fucking locks.
                          NOW!
                          Don't wait. If you're unable to do so yourself, for whatever reason, get someone else (besides Devil Landlord) to do it for you.
                          Last edited by Dave1982; 09-12-2013, 02:07 AM. Reason: removed quote of and reply to fratching comment
                          Fool me once, shame on you. Fool me twice, you speak with the Fraud department. -- CrazedClerkthe2nd
                          OW! Rolled my eyes too hard, saw my brain. -- Seanette
                          she seems to top me in crazy, and I'm enough crazy for my family. -- Cooper
                          Yes, I am evil. What's your point? -- Jester

                          Comment


                          • #14
                            Quoth Jester View Post
                            Never, ever, EVER, apologize for being in the hospital.
                            *FOR* being in the hospital? Never, unless it was due to some colossally stupid move on my part. My apology was simply for my absence, which I *DO* regret.

                            Quoth Jester View Post
                            Change the fucking locks.
                            As much as I want to, legally I cannot lock the property owner out of his own building or any portion thereof. All he would have to do to bypass my efforts is call in a locksmith to remove or replace any lock I've installed - and he'll happily do this AT MY EXPENSE.

                            I agree, he's playing fast and loose with the rules regarding if, how, and when he can enter a leased unit, and this will probably become an issue before this whole drama is over. However, recognizing the issue, and in light of the fact that I'll be moving on soon anyway, I've already removed most of my 'valuable' items from the apartment to storage. My stereo and TV, my big main desktop computer and all peripherals, all data storage apparatus, all books, all DVDs and CDs, all valuable documents, most of my clothes, and so on - all now safely out of his reach.

                            The only significant electronics left in the apartment are the my cell and my laptop - both of which I take with me when I leave. The remainder of my possessions still in the building - well, it wouldn't exactly be tragic if they were damaged or stolen.

                            Quoth Jester View Post
                            There won't be a game. He just won't give you any part of the deposit back.
                            Oh, I know. I know that if I pay the final months' rent, I'll never get my deposit back. He'll manufacture some half-assed reason to hang onto it. Which is why I simply won't pay the last month's rent. I've learned not to put money in others' hands if I ever wish to see it again.

                            Comment


                            • #15
                              Quoth ADeMartino View Post
                              I simply won't pay the last month's rent. I've learned not to put money in others' hands if I ever wish to see it again.
                              Actually not a bad idea as it can take more than a month in some cities to obtain an order of possession.
                              I'm trying to see things from your point of view, but I can't get my head that far up my keister!

                              Who is John Galt?
                              -Ayn Rand, Atlas Shrugged

                              Comment

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