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Rent question for you professional lawyers

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Crimson streak's avatar

Crimson streak

Senior Member

9,002 posts
Apr 18, 2012 5:24 PM
I got a notice in the mail from my landlord saying we didn't pay a months rent and water and sewer which is complete bullshit cause I've paid every month. My land lord died in August of 2011 and her son took over. Can he do anything for the months he wasn't in charge? When I made previous arrangements with the landlord that died. And the douche bag just happens to be a lawyer.
Apr 18, 2012 5:24pm
sleeper's avatar

sleeper

Legend

27,879 posts
Apr 18, 2012 5:27 PM
Crimson streak;1147249 wrote:I got a notice in the mail from my landlord saying we didn't pay a months rent and water and sewer which is complete bullshit cause I've paid every month. My land lord died in August of 2011 and her son took over. Can he do anything for the months he wasn't in charge? When I made previous arrangements with the landlord that died. And the douche bag just happens to be a lawyer.
Any lawyer here worth this salt won't comment other than to tell you to contact an attorney.

/FFT'd
Apr 18, 2012 5:27pm
Ytowngirlinfla's avatar

Ytowngirlinfla

I wear real chevrons!

2,295 posts
Apr 18, 2012 5:31 PM
Crimson streak;1147249 wrote:I got a notice in the mail from my landlord saying we didn't pay a months rent and water and sewer which is complete bull**** cause I've paid every month. My land lord died in August of 2011 and her son took over. Can he do anything for the months he wasn't in charge? When I made previous arrangements with the landlord that died. And the douche bag just happens to be a lawyer.
See ya on Judge Judy!
Apr 18, 2012 5:31pm
S

Sonofanump

Apr 18, 2012 5:32 PM
I guess I don't see how a cancelled check would not be evidence of payment.
Apr 18, 2012 5:32pm
Crimson streak's avatar

Crimson streak

Senior Member

9,002 posts
Apr 18, 2012 5:37 PM
I've been going back through bank statements and she would cash the checks a month later because she was really sick with cancer. He saying I didn't pay my water and sewer the first month when we gave her the check when we signed the lease. What I want to know us if he can do anything before sept. 2011 when he took over
Apr 18, 2012 5:37pm
S

Sonofanump

Apr 18, 2012 5:39 PM
Crimson streak;1147262 wrote:I've been going back through bank statements and she would cash the checks a month later because she was really sick with cancer. He saying I didn't pay my water and sewer the first month when we gave her the check when we signed the lease. What I want to know us if he can do anything before sept. 2011 when he took over
So the check was never cashed?
Apr 18, 2012 5:39pm
Crimson streak's avatar

Crimson streak

Senior Member

9,002 posts
Apr 18, 2012 5:42 PM
I don't think so it's hard to find all of them because they were cashed at such random times. I'm telling him I'm leaving at the end of the month I can't deal with this dumbass anymore. And I switched banks while I was living here so
Apr 18, 2012 5:42pm
Ytowngirlinfla's avatar

Ytowngirlinfla

I wear real chevrons!

2,295 posts
Apr 18, 2012 5:50 PM
Crimson streak;1147262 wrote:I've been going back through bank statements and she would cash the checks a month later because she was really sick with cancer. He saying I didn't pay my water and sewer the first month when we gave her the check when we signed the lease. What I want to know us if he can do anything before sept. 2011 when he took over
How much can water and sewer be for 1 month? Like $40. That's about how much I pay in cali. Is it worth moving?
Apr 18, 2012 5:50pm
Crimson streak's avatar

Crimson streak

Senior Member

9,002 posts
Apr 18, 2012 6:12 PM
Ytowngirlinfla;1147273 wrote:How much can water and sewer be for 1 month? Like $40. That's about how much I pay in cali. Is it worth moving?

75 flat rate. And we have a brand new place for 100 bucks cheaper and we were planing to move out anyways but this just adds fuel to the fire. The thing is he called about this missed rent about 5 months ago and we proved every month we paid and now he's trying to say we didn't pay a month. I dk how he is a lawyer he seriously is dumb and a complete retard
Apr 18, 2012 6:12pm
Ytowngirlinfla's avatar

Ytowngirlinfla

I wear real chevrons!

2,295 posts
Apr 18, 2012 6:15 PM
Crimson streak;1147282 wrote:75 flat rate. And we have a brand new place for 100 bucks cheaper and we were planing to move out anyways but this just adds fuel to the fire. The thing is he called about this missed rent about 5 months ago and we proved every month we paid and now he's trying to say we didn't pay a month. I dk how he is a lawyer he seriously is dumb and a complete retard
Understood. Well some people get law degrees from a cracker jack box.
Apr 18, 2012 6:15pm
said_aouita's avatar

said_aouita

Banned

8,532 posts
Apr 18, 2012 6:24 PM
Tell 'em to eff off. See if he's willing to play hard ball for the few bucks. He's just trying to scare ya into paying.
Apr 18, 2012 6:24pm
Crimson streak's avatar

Crimson streak

Senior Member

9,002 posts
Apr 18, 2012 6:27 PM
Called him and I'll I have to do is email him dates so we shall see but he pulled this shit last time though. I really want to know if he can do anything about the times he wasn't in charge. His name is not on the lease at all and never had us sign anything that he was taking over
Apr 18, 2012 6:27pm
mcburg93's avatar

mcburg93

permaban to basement

3,167 posts
Apr 18, 2012 6:36 PM
LJ should be here anytime and he will give you sound advise being a lawyer is another one of his jobs.
Apr 18, 2012 6:36pm
Commander of Awesome's avatar

Commander of Awesome

Senior Pwner

23,151 posts
Apr 18, 2012 6:43 PM
Reasons like this is glad I'm not a doctor, a lawyer, or own a pick up.
Apr 18, 2012 6:43pm
Q

queencitybuckeye

Senior Member

7,117 posts
Apr 18, 2012 7:52 PM
Crimson streak;1147293 wrote:I really want to know if he can do anything about the times he wasn't in charge.
Short answer, yes.
Apr 18, 2012 7:52pm
R

raiderbuck

Senior Member

1,623 posts
Apr 18, 2012 8:01 PM
Just get copies of the checks from the bank. They'll be there if they've cashed them. Then tell him to go f himself
Apr 18, 2012 8:01pm
hoops23's avatar

hoops23

Senior Member

15,696 posts
Apr 18, 2012 8:05 PM
Commander of Awesome;1147299 wrote:Reasons like this is glad I'm not a doctor, a lawyer, or own a pick up.
Do you hunt though?
Apr 18, 2012 8:05pm
Glory Days's avatar

Glory Days

Senior Member

7,809 posts
Apr 18, 2012 8:25 PM
i dont see the problem here. so if he is saying you didnt pay, look to see if the checks were cashed. if they were, not your problem. if they werent cashed, cancel the check so he cant cash it and then write another check for him.
Apr 18, 2012 8:25pm
stroups's avatar

stroups

Senior Member

3,223 posts
Apr 19, 2012 10:50 AM
Crimson streak;1147268 wrote:I don't think so it's hard to find all of them because they were cashed at such random times. I'm telling him I'm leaving at the end of the month I can't deal with this dumbass anymore. And I switched banks while I was living here so

Under check 21 provisions a financial institution has to retain a legible copy of the check for 7 years. However the bank can charge you a research fee for looking up the checks. I would just stall and ignore him if you are going to move out and not go through the hassle of all that shit.
Apr 19, 2012 10:50am
Pick6's avatar

Pick6

A USA American

14,946 posts
Apr 19, 2012 10:56 AM
You are moving out in a month, just ignore him and don't pay him even if you didnt pay.
Apr 19, 2012 10:56am
Belly35's avatar

Belly35

Elderly Intellectual

9,716 posts
Apr 19, 2012 11:01 AM
Crimson streak;1147249 wrote:I got a notice in the mail from my landlord saying we didn't pay a months rent and water and sewer which is complete bullshit cause I've paid every month. My land lord died in August of 2011 and her son took over. Can he do anything for the months he wasn't in charge? When I made previous arrangements with the landlord that died. And the douche bag just happens to be a lawyer.
What month? As the bank to provide a copy of the signed checks ( it will cost you $20.00) and or you provide proof of payment and issue is closed.

When your lease is up, you'll be presented with a new lease agreement ... Take it or leave it .. simple as that mofo :D
Apr 19, 2012 11:01am
F

fan_from_texas

Senior Member

2,693 posts
Apr 19, 2012 11:46 AM
Crimson streak;1147262 wrote:I've been going back through bank statements and she would cash the checks a month later because she was really sick with cancer. He saying I didn't pay my water and sewer the first month when we gave her the check when we signed the lease. What I want to know us if he can do anything before sept. 2011 when he took over
Short, off-the-cuff, no-research answer is "probably yes." When someone dies, it's generally not the case that all of their assets, liabilities, contracts, debts, everything dies with them--those responsibilities are typically passed on to someone else who may be able to enforce those rights Of course, it depends on state law, local ordinances, and any case law that interprets either of them. In other words, if you want to know the exact right answer, you'll want to contact a local attorney.

/FFT'd



If you have canceled checks demonstrating that you've paid and have bank records confirming same, I suspect the atty isn't going to take his chances in small claims court with you.
Apr 19, 2012 11:46am
Heretic's avatar

Heretic

Son of the Sun

18,820 posts
Apr 19, 2012 12:05 PM
When I clicked on this thread, at the top of the page, I saw an ad for some attorney. I'd contact him, because any lawyer whose ads randomly run on message boards has to be top-of-the-line and will win any case for you.
Apr 19, 2012 12:05pm
FatHobbit's avatar

FatHobbit

Senior Member

8,651 posts
Apr 19, 2012 1:53 PM
fan_from_texas;1147921 wrote:Short, off-the-cuff, no-research answer is "probably yes." When someone dies, it's generally not the case that all of their assets, liabilities, contracts, debts, everything dies with them--those responsibilities are typically passed on to someone else who may be able to enforce those rights Of course, it depends on state law, local ordinances, and any case law that interprets either of them. In other words, if you want to know the exact right answer, you'll want to contact a local attorney.

/FFT'd
lol at FFT'd
fan_from_texas;1147921 wrote:If you have canceled checks demonstrating that you've paid and have bank records confirming same, I suspect the atty isn't going to take his chances in small claims court with you.
The issue in my mind would be finding every check and proving which months those applied to, since they aren't cashed in a timely manner. (not that you can't do it, but it's going to be a pain in the ass depending on how many checks there are.)
Apr 19, 2012 1:53pm
R

raiderbuck

Senior Member

1,623 posts
Apr 20, 2012 12:36 AM
It'll take all of thirty minutes to locate those checks if you sit with a competent bank rep. Who do you/did you bank with? Your bank statements should show when those checks were cashed, regardless of the month that you actually wrote the checks.

It's rent so the amounts should all be the same right?
Apr 20, 2012 12:36am