Posted by Maria on 6/20/07

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My landlord is attempting to sue me for over $2000.00. This
is a bit of a long story so please bear with me. New
management came this year, starting in January and the old
management had practices that I grew very used to. I have
lived here for five years. My initial lease was a year long
and every year after that I received a notice saying to
renew my lease for another year either come in and resign
or simply pay the new amount. I always chose just to pay.

My lease is always up April 1, and this year in mid-
February I received a notice telling me to choose which I
would do, sign a month-to-month, six month, or year lease,
the paper showed the amounts for each, and provided a space
to sign. After signing it, the notice stated that a new
lease would be prepared and I would be notified when to
come and sign it. I signed the space for year lease and
faxed it back but I never heard anything back. When April 1
came around I paid the new amount and put the hard copy of
the notice in the same envelope just in case they hadn't
received the fax somehow. I still didn't hear anything but
the check was cashed.

Last Monday (June 11) there was a notice to pay $600 of
back rent plus late charges. Obviously I called the rental
office immediately and was told that the $600 was charged
because they take it as a renter chooses month-to-month
status if they do not sign their lease otherwise and the
month-to-month charge is $200 more per month for my unit,
which they charged since April. When I told her I never
received a notice saying to come sign it, she said she had
a note in my file saying they put the notice on my door.
After going back and forth for more than 20 minutes she
said if I came in and signed the new lease the charges
would be dropped. I went in

Wednesday June 13 at 5:30 and signed the new lease.
Thursday I went out of town and when I came home Saturday
there was a summons dated June 13 (which made no sense) for
me to appear in court to pay a bit over $2000. $600 for the
back rent plus $1355 (the month-to-month rent for next
month) and court costs. Monday I spoke to another woman who
said the general manager was out of town until tomorrow but
she would drop the case (scheduled for today) but still
assume I owe them $600 until she hears otherwise from the
GM. I do not have faith in the general manager because she
laughed in my face several times during our initial
conversation and was otherwise rude until I was almost to
the point of tears and that's when she finally acquiesced
about the back rent.

I have a copy of the original notice to choose the new
lease plan, a copy of my original lease from five years
ago, a copy of the new lease that though I signed it on
June 13 says it is good from April 2007 to April 08, my fax
printout that has the date and time I originally sent the
initial notice choosing my new lease, and I am looking for
the notices from past years to show that the old management
took paying the new rent amount equaled renewing my lease
for a year.

My question is two-fold. Firstly, is this enough to
challenge them in court? I think it is but they make you
feel so worthless. When I called to get a copy of the new
lease they kept asking me why and when I finally told them
they said even if the lease says from April to next year,
because I signed it in June it’s for prior months. I also
believe if their claim is they sent me a notice to sign my
new lease in May (even though I didn’t get it), if I had to
pay anything it would have been just June’s rent since I
couldn’t sign a document for April that didn’t exist then.
My second question is can I sue them? I have taken off
several days from work for this. I work 2 days at a time
and because I didn’t know what would happen I took off work
for Wednesday for court, which also meant taking the day
after off. I work 48 hour shifts and I’m off for the rest
of the week, so I am basically out of a week’s pay. Sorry
for the length of this but thank you for any advice you
have to offer.

$2000.00 problem with landlord, 6/20/07, by Maria.

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