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  • Housing problems

    Now I admit that we've been technically behind on our rent before, this happens when living paycheck to paycheck as we are now. But we always pay what we owe, and have been doing so on time for the past while. Until now, the management's been good.

    On the 15th of the past two months, we've received a Notice to Quit for Non-Payment from the management. It's not an actual eviction, as only a court can decide that and we have been paying the rent and have proof (mysteriously, this seems to go away once we square up). We have a one-year lease (just renewed in March) and there's nothing in the lease that specifies a payment due date other than the obvious before the first of the month and when these letters go out we are NOT in arrears (in this most recent case, we only owed $500 for this month--my understanding is that a constable can't issue them for nonpayment unless the tenant is 90 days behind). It is a bit distressing for both of us though to suddenly get served with this (this stunt is costing THEM money for the process server, so what do they hope to accomplish, and what else might they try?). I technically have a disability, which in this state opens up a new can of worms with regards to evictions (very difficult unless the landlord has solid evidence, and even then it's tricky).

    They held onto our lease renewal for almost two months before returning a copy--state law says that the tenant must receive a copy within 30 days after signing.

    I'm meeting with my caseworker in a few weeks and plan to bring the notice and explain that this has been going on, we always pay the rent and what can we do to stop it. Mom's planning to contact the attorney general and explain the situation to see if she can't get an official answer. We suspect that the rental agent (who avoids conflict to the point where she won't even address this issue with mom) is just getting instructions from the higher-ups to send these out; this is one of their 'premium' apartments and they probably want us out...even so, without clear evidence of a lease violation I can't imagine it's legal.

    If anyone needs to be evicted it's our upstairs neighbors; we've complained about them before and they always seem to know JUST enough about quiet hours to avoid a call to management.
    "I am quite confident that I do exist."
    "Excuse me, I'm making perfect sense. You're just not keeping up." The Doctor

  • #2
    I can't offer any advice, but I hope between yourself and your mom, you can get this settled. I think a lot of times these things happen because the landlords know the tenants will be too intimidated to fight back. Here in Ontario landlords are required to give tenants the interest that's been earned on their last month's rent ... personally I've only had one landlord do this. I wasn't even aware it was required until she did it.

    Good luck. I've fallen behind on my rent as well, but I've always caught up and I've never had anything like that happen.

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    • #3
      I also think this has to do with hoping we don't know our rights. MA has some of the most tenant-friendly laws, but the majority of people don't know that (I lost my security deposit with my old place because I didn't know what the landlord could and couldn't do). Compared to the jokers we've had as neighbors in the past we're model tenants (as I said, if anyone deserves a notice it's the idiots upstairs).

      I'm not too worried; we're paying, we have proof of payments, and if it does go further we do have a lawyer we can contact. When we were working with the housing authority, they said that actions like this might be seen as bullying which would get them in big trouble with the state (the lease issue alone carries a hefty fine if proven, and it's suspect that this starts right after the lease is renewed).
      "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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      • #4
        Then seek the lawyer's advice. It's his job to explain the law to you. And if they're harassassing you, he can take care of that, too.
        Customers should always be served . . . to the nearest great white.

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