THIRTEEN months?

[Jester]

My apology was simply for my absence, which I *DO* regret.

You were absent because of something you had to take care of. Never a reason to apologize for that, either.

You may well regret your absence, of course, but there is no need to apologize for it.

As much as I want to, legally I cannot lock the property owner out of his own building or any portion thereof.

Nor can he legally enter your apartment without prior warning, short of an emergency. That hasn't seemed to deter him all that much.

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.

And just how is he going to make you pay? You're already moving. You have no intention of giving him the last month's rent. You have already kissed your deposit goodbye. Just how is he going to MAKE you pay that bill?

And if he goes to remove said locks, get up in his face and challenge him. "Those are to prevent you from coming in MY HOME whenever you want, as you have been doing. Quite illegally, I might add. If you'd like to talk to a JUDGE about this, I'd be more than happy to. And I'm sure the judge will be VERY interested in your completely cavalier attitude towards a tenant's legal rights. Not to mention your attempt to twist my lease around and make me pay more than the lease required with that ridiculous thirteen month bullshit you tried to float. So, if you'd like to explain all that to a JUDGE, you just say the word, and I'll have my lawyer set up a court date."

Doesn't matter if you have a lawyer. Doesn't matter if you're telling the truth. All that matters is that he BELIEVES you're telling the truth. Because trust me, he does NOT want to have his dubious practices exposed to a judge. No chance!

I agree, he's playing fast and loose with the rules regarding if, how, and when he can enter a leased unit...

If by "playing fast and loose" you mean "completely fucking ignoring them," sure, I'll go with you on that one.

[ADeMartino]

Nor can he legally enter your apartment without prior warning, short of an emergency. That hasn't seemed to deter him all that much.

All very true. But the fact that HE'S breaking the rules doesn't give me the right to. If this actually ends up in a courtroom (and it just might!), I'll be the one that was following the rules, and all the grief for causing the problems is going to be focused solely on HIM. I am not going to contribute to this situation any more than I have to.

And just how is he going to make you pay?

I don't want to owe this schnook a single thing when I leave. We've already seen his ideas on rent; I don't want to see his ideas on 'lock service' and the like.

And if he goes to remove said locks, get up in his face and challenge him. "Those are to prevent you from coming in MY HOME whenever you want, as you have been doing.

Won't work. Still his building. He can do with it what he wants, and the only way around that is an injunction.

Because trust me, he does NOT want to have his dubious practices exposed to a judge. No chance!

On this we agree one hundred percent, and if it's a weapon I have to use, so be it. But what I think you might be missing here is this: I don't actually WANT a confrontation, legal or otherwise. I've already done the risk management by moving my valuables out of the reach of his grubby little mitts. The stuff still there.... well, it would be inconvenient to lose, but not 'tragic' by a long shot. He's been rendered inert, and now the best way to deal with this ass clown is to watch him grow ever tinier in the rear view mirror.

[Jester]

You have your opinion, I have mine. Of course, since I don't have to live under this schnook's roof, nor deal with his shit, your opinion trumps mine.

Though I still don't see how he could enforce you "owing" him anything.

Good luck with all of it!

[ADeMartino]

You have your opinion, I have mine. Of course, since I don't have to live under this schnook's roof, nor deal with his shit, your opinion trumps mine.

Though I still don't see how he could enforce you "owing" him anything.

Good luck with all of it!

He can't 'enforce' me to pay anything once I leave, short of filing a lawsuit. However, as I indicated, I don't want to give him ANY ammunition. Likewise, changing the locks means I have to pay for at least ONE set, which will be rendered useless when he changes them again. Whether I pay for the second set or not, I'll still have paid for the first set, and for nothing.

I only have to deal with him for a few more weeks. Two months at most. Believe me, I was furious about the situation at first, but I've come to realize there's really nothing to gain by playing on his level. It's basically a 'cut my losses and move on' maneuver at this point.

[Jester]

You're far nicer than I am. You're willing to just cut your losses, whereas I'd be looking to cut his tires.

[Deserted]

As much as I want to, legally I cannot lock the property owner out of his own building or any portion thereof.

It doesn't matter if he's the OWNER, what matters is that you're the PAYING OCCUPANT. Occupants' right to being secure in their homes generally takes precedence over owners' right of entry; as Jester pointed out, he's supposed to give non-trivial warning before he enters in non-emergency cases. (In Arizona it's at least 48 hours prior to entry, usually given by posting a notice on the door.) If there's an emergency, then he should at least be able to tell you what it was, why it required entry into your apartment, and what was done in your apartment. (And "none of your business" or similar is not an acceptable answer.)

(Again, I am not a lawyer, this is not legal advice -- but I have years of experience with this sort of thing, from the perspective of both the landlord and the tenant.)

If you don't want to change the locks, then one thing comes to mind: if you have an always-on internet connection, then get a cheap computer and webcam (the cheapest ones you can find should work; be prepared for these to "disappear"). Point the camera at the door. (If you have multiple doors that can be opened from the outside, one camera per door.) Have the computer take pictures, say once or twice per second, and upload those pictures to an internet site. (Not just saved to the computer, because if that disappears, so would the images.) That way you have a record of when he's entering and exiting. If he bitches about the camera(s), it's your right to secure your home and belongings (plus then you would KNOW that he's been in).

You're far nicer than I am. You're willing to just cut your losses, whereas I'd be looking to cut his tires.

What I would do to this guy really belongs in fratching...

[Jester]

If he bitches about the camera(s), it's your right to secure your home and belongings (plus then you would KNOW that he's been in).

Legally, you don't have to even tell the guy about any cameras you install IN YOUR HOME, and you can even hide them IN YOUR HOME, and you can legally record him if he enters YOUR HOME. Why? Because, legally speaking, it's YOUR HOME.

What I would do to this guy really belongs in fratching...

What I would do to this guy belongs in a Joe Pesci movie.

[Deserted]

Legally, you don't have to even tell the guy about any cameras you install IN YOUR HOME, and you can even hide them IN YOUR HOME, and you can legally record him if he enters YOUR HOME. Why? Because, legally speaking, it's YOUR HOME.

Yeah, that was actually my point, I just wasn't clear about it, I guess. The only way for him to find out would be to enter.

What I would do to this guy belongs in a Joe Pesci movie.

Ice up the stairs, then smack him in the face with a paint can?

[Jester]

Ice up the stairs, then smack him in the face with a paint can?

I didn't say it's actually been in a Joe Pesci movie. Just that it would belong in one.

[Antares]

My lease has a provision that I am not supposed to change the locks. Though if I were dealing with an idiot like that, I'd probably still do it. Thankfully my landlord/apartment complex is really pretty good.

I put in a maintenance request for a stopped drain when I left yesterday about 10. When I got home at 12:15 it was completed. My apartment complex is huge for this area. About 450 units, not counting the one next to us that has a similar number of units and with which we share facilities like the pools and recreation areas.

Had some issues with paperwork, but it was easily corrected.

I hope your problem clears up soon and you end up with a good landlord.

[ADeMartino]

Well, as anticipated, he's jacked up the rent. I got the new 'rental agreement' in the mail today. The rent (and yes, the agreement is worded as 'monthly', with no mention of a 13th rent period) has soared by nearly $100 a month. He's expecting me to sign the new rental agreement and sent it back to him.

He probably shouldn't hold his breath. I've already located new digs and I'll be out of here this coming weekend. He can stick this place square up his ass for all I care.

There's a reason I'm not signing it. Well, several, actually, but chief among them is a new set of terms in the lease, requiring a 60-day 'notice of vacancy'. If I leave without giving him 60 days' notice, according to the agreement, I'll owe rent for those two months.

This guy's got a set of balls on him, for sure. The rent is now way out of proportion for this kind of apartment, he's demonstrated a complete disregard for the tenants' privacy, he's tried to run a game on me (and probably others as well), and now he wants to try to lock me in for another sixty days. But he can't do anything if I don't sign that agreement, and damned if that's gonna happen.

[Jay 2K Winger]

But he can't do anything if I don't sign that agreement, and damned if that's gonna happen.

Good on you for finding a new place to stay. I recommend, once move-out day comes, that you cheerfully hand him the un-signed agreement and tell him to stick it where the sun doesn't shine.

...although that's a long way to go to stick a piece of paper...

[dendawg]

I recommend, once move-out day comes, that you cheerfully hand him the un-signed agreement and tell him to stick it where the sun doesn't shine.

Better yet, run the agreement through a paper shredder, and send it back in that condition on the final month.

[Sapphire Silk]

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.

Second this. When you move out, make sure the place is spotless and take both stills and videos of EVERYTHING in the place. It will be your defense when he tries to screw you on your security deposit.

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.

I urge you to rethink this. If you try it, he can take you to court and sue you for the back rent and STILL withhold your security deposit. Check your CURRENT lease agreement; the one you had with your old landlord. I'll bet that agreement expressly forbids this tactic; every rental agreement I've ever had did. You can usually only get away with this if the land lord agrees to it, and most won't because holding onto security deposits is part of how they make their money.

You're better off paying whatever rent you owe (pro-rated if you move out mid month), and fighting him for your security deposit. Stills and Video will back up your claim to get it back, and he'll have to pay the court costs when he loses. The last landlord who tried to jack me over on my deposit backed down quickly when I showed them the pics.

Well, as anticipated, he's jacked up the rent. I got the new 'rental agreement' in the mail today. The rent (and yes, the agreement is worded as 'monthly', with no mention of a 13th rent period) has soared by nearly $100 a month. He's expecting me to sign the new rental agreement and sent it back to him.

This guy's got a set of balls on him, for sure. The rent is now way out of proportion for this kind of apartment, he's demonstrated a complete disregard for the tenants' privacy, he's tried to run a game on me (and probably others as well), and now he wants to try to lock me in for another sixty days. But he can't do anything if I don't sign that agreement, and damned if that's gonna happen.

Right on the money here: DO NOT SIGN IT. If you don't sign it, you go month to month under the old agreement, which probably stipulates 30 days notice (which is standard). Give notice NOW, and tell him you're not signing the new agreement. You're pretty much out now anyway; find a place quick and move.

[Automan Empire]

The 13 months trick is actually the basis of the biweekly payment program that lets you pay a 30 year mortgage off in about 22 years; it's just an elaborate way of making 13 payments a year instead of 12.

When a landlord tries to pull this on existing tenants, it is a scam.

Read and obey your existing lease. If you are moving out before the term is up you MAY still be liable for remaining payments; if it goes to court you have adverse behavior on the part of the landlord in your defense, hopefully well documented for the judge to see.

When you have to face him, adopt a mutual "don't go away mad, just go away" philosophy.

Good luck,
-Automan