Former landlord threatening to take me to court

[Lucky]

I used to rent a parking space out in the back of this old ladies house for $65/month. Seemed like a nice little old lady and the price and location were decent. Only problem was that she's like 101, is blind in one eye, cant see very well in the other and is nearly deaf.

So anyways, I moved out of ohio Around August 1st. Our rental agreement states that I would pay her the 1st of each month. Well, the 1st or second day of August I dropped by her house to tell her I wasn't going to be renting there anymore. She wasnt there (as is often the case) so I wrote up a note and placed it on the doorstep.

6 weeks later, she calls me and asks where her money is. I said what do you mean, I dont live there anymore. I told her have'nt you noticed I havent been parking there for 6 weeks? :Q

Yes, she says but I thought you were coming back. So goes on to say she expects payment for 6 weeks of parking. I said excuse me, but I left you a note informing you that I was leaving. "LIAR", she says, "PROVE IT. You sure aren't much of a man" and got confrontational with me after I was insistent I told her. She went on to say she was going to take me to small claims court. I said, "try it". and she hung up on me.

who's in the right here? :Q I mean, in retrospect perhaps I should have sent it in the mail certified or something but she's coming after me 6 weeks later? Without once trying to contact me before now? How is it my fault that she did claims to have not recieved the note I left her? I have paid her this way previously by leaving checks there and she got those just fine.

:Q

 

[PsychoAndy]

Originally posted by: Lucky
I used to rent a parking space out in the back of this old ladies house for $65/month. Seemed like a nice little old lady and the price and location were decent. Only problem was that she's like 101, is blind in one eye, cant see very well in the other and is nearly deaf.

So anyways, I moved out of ohio Around August 1st. Our rental agreement states that I would pay her the 1st of each month. Well, the 1st or second day of August I dropped by her house to tell her I wasn't going to be renting there anymore. She wasnt there (as is often the case) so I wrote up a note and placed it on the doorstep.

6 weeks later, she calls me and asks where her money is. I said what do you mean, I dont live there anymore. I told her have'nt you noticed I havent been parking there for 6 weeks? :Q

Yes, she says but I thought you were coming back. So goes on to say she expects payment for 6 weeks of parking. I said excuse me, but I left you a note informing you that I was leaving. "LIAR", she says, "PROVE IT. You sure aren't much of a man" and got confrontational with me after I was insistent I told her. She went on to say she was going to take me to small claims court. I said, "try it". and she hung up on me.

who's in the right here? :Q I mean, in retrospect perhaps I should have sent it in the mail certified or something but she's coming after me 6 weeks later? Without once trying to contact me before now? How is it my fault that she did claims to have not recieved the note I left her? I have paid her this way previously by leaving checks there and she got those just fine.

:Q

Without certified mail, I think you are screwed.

-PAB

 

[BigJohnKC]

Funny how she got your check, but didn't get your note. She might be old, but she's still a greedy b!tch. Don't pay, and if she takes you to court, so be it. You can blame her lack of finding the note on her old age.

 

[BCYL]

But I think she's unreasonable to expect you to pay 6 weeks rent... As you said, she didnt try to contact you once in those 6 weeks... I think you have a shot at winning if you guys really go to court...

 

[GeoffS]

Prolly cheaper to just pay her the 2 months rent, spare the legal fees, and still be able to use her as a reference...

Geoff

 

[Lucky]

Let me ask another question for anyone who thinks they are a lawyer:


Even if I DID notify her by certified mail, it is EXTREMELY unlikely that she would have been able to re-rent the space because the town I was in was a college town deserted in the summer. At the most, she might have been able to rent it starting september when students come back.

Can she sue me and claim that she otherwise would have been able to rent the space, when in reality no one would have rented it that month?

 

[Jzero]

See my sig. I'm sure you can find the relevant entry

 

[Pastore]

You are screwed. Never ever write a note and slide it under a door, certified mail with delivery confirmation is the only way to go when dealing with issues like this.

 

[LemonHead]

Originally posted by: PsychoAndy

Originally posted by: Lucky
I used to rent a parking space out in the back of this old ladies house for $65/month. Seemed like a nice little old lady and the price and location were decent. Only problem was that she's like 101, is blind in one eye, cant see very well in the other and is nearly deaf.

So anyways, I moved out of ohio Around August 1st. Our rental agreement states that I would pay her the 1st of each month. Well, the 1st or second day of August I dropped by her house to tell her I wasn't going to be renting there anymore. She wasnt there (as is often the case) so I wrote up a note and placed it on the doorstep.

6 weeks later, she calls me and asks where her money is. I said what do you mean, I dont live there anymore. I told her have'nt you noticed I havent been parking there for 6 weeks? :Q

Yes, she says but I thought you were coming back. So goes on to say she expects payment for 6 weeks of parking. I said excuse me, but I left you a note informing you that I was leaving. "LIAR", she says, "PROVE IT. You sure aren't much of a man" and got confrontational with me after I was insistent I told her. She went on to say she was going to take me to small claims court. I said, "try it". and she hung up on me.

who's in the right here? :Q I mean, in retrospect perhaps I should have sent it in the mail certified or something but she's coming after me 6 weeks later? Without once trying to contact me before now? How is it my fault that she did claims to have not recieved the note I left her? I have paid her this way previously by leaving checks there and she got those just fine.

:Q

Without certified mail, I think you are screwed.

-PAB

Yep, at this point the burden of proof is on you stating that you gave her notice. She can simply claim that she never received your note. Certified mail is the best bet.

 

[ElFenix]

that sucks, but as far as i can tell its not your fault. unless you're lying to get a sympathetic ATOT. i'm not sure what that would get you, though.

 

[PsychoAndy]

Originally posted by: Beast1284
You are screwed. Never ever write a note and slide it under a door, certified mail with delivery confirmation is the only way to go when dealing with issues like this.

DC sucks, save your $ and do return reciept instead.

-PAB

 

[jamautosound]

Was there a written agreement that showed that you were renting the space from her?

If not, then it was only a verbal agreement. You are in the right by leaving her written notification.

If yes, then refer to JZero's sig!

 

[Ameesh]

Originally posted by: PsychoAndy

Originally posted by: Lucky
I used to rent a parking space out in the back of this old ladies house for $65/month. Seemed like a nice little old lady and the price and location were decent. Only problem was that she's like 101, is blind in one eye, cant see very well in the other and is nearly deaf.

So anyways, I moved out of ohio Around August 1st. Our rental agreement states that I would pay her the 1st of each month. Well, the 1st or second day of August I dropped by her house to tell her I wasn't going to be renting there anymore. She wasnt there (as is often the case) so I wrote up a note and placed it on the doorstep.

6 weeks later, she calls me and asks where her money is. I said what do you mean, I dont live there anymore. I told her have'nt you noticed I havent been parking there for 6 weeks? :Q

Yes, she says but I thought you were coming back. So goes on to say she expects payment for 6 weeks of parking. I said excuse me, but I left you a note informing you that I was leaving. "LIAR", she says, "PROVE IT. You sure aren't much of a man" and got confrontational with me after I was insistent I told her. She went on to say she was going to take me to small claims court. I said, "try it". and she hung up on me.

who's in the right here? :Q I mean, in retrospect perhaps I should have sent it in the mail certified or something but she's coming after me 6 weeks later? Without once trying to contact me before now? How is it my fault that she did claims to have not recieved the note I left her? I have paid her this way previously by leaving checks there and she got those just fine.

:Q

Without certified mail, I think you are screwed.

-PAB

without a written contract she is screwed.

 

[Lucky]

Originally posted by: jamautosound
Was there a written agreement that showed that you were renting the space from her?

If not, then it was only a verbal agreement. You are in the right by leaving her written notification.

If yes, then refer to JZero's sig!

there was like an "application" thing where i put my name, address, phone number and such but no contract...this was a month to month thing.

 

[Ns1]

claim that she's delusional and you never had yoru car in the parking space

 

[NogginBoink]

First off, she's likely bluffing.

Second, even if she does take you to court, you don't need a lawyer, and many small claims courts despise the presence of lawyers in the courtroom.

The most you'll lose is some time defending yourself and 6 weeks of rent, right? (Oh yeah, and her filings costs.) And you could win.

It's a case of he-says versus she-says and no telling how the judge will rule.

I say do nothing. If you're served with papers, offer to settle. Start with a really small offer and always be ready to say "see you in court."

It's all a big game. Play to win!

 

[amnesiac]

- You need proof that your note was delivered. Leaving it on the door is unacceptable.
- Generally, as a matter of courtesy you give the landlord 30 days notice that you are leaving.
- She was under no obligation to contact you; perhaps she was being nice by giving you some time to pay the rent. Regardless of whether she sends you an invoice you are still responsible for the rent.

However, it looks like you have 2 choices:
- Battle it in small claims court
- Pay her the money.

It comes down to this: If she knows where you live, don't answer the door. Her "agent" or a sheriff will have to deliver the papers, which must be received by YOU personally. You can make it very, very difficult for her to subpoena you.

 

[Jzero]

If she's the old coot you make her out to be, she probably doesn't even know how to file a small claims suit, and if it was a month-to-month thing without a contract and a cancellation clause, she's got nothing on you.

 

[Gonad the Barbarian]

Let her take you to court, and file a counter claim for the wages you lose for being there. The note will be her word vs. yours, you paid your rent for the time you were there, you weren't there the last 6 weeks, you had no contract.

 

[loup garou]

Originally posted by: Lucky

Originally posted by: jamautosound
Was there a written agreement that showed that you were renting the space from her?

If not, then it was only a verbal agreement. You are in the right by leaving her written notification.

If yes, then refer to JZero's sig!

there was like an "application" thing where i put my name, address, phone number and such but no contract...this was a month to month thing.

I'm no lawyer, but if there was no written contract, she probably doesn't have a leg to stand on in court. She's probably bluffing anyways.

Sorry to hear you've got another problem to deal with. Maybe you should ask the mods to change your nick to Unlucky in light of recent events.

 

[Lucky]

You need proof that your note was delivered. Leaving it on the door is unacceptable.

In Retrospect, I understand this.

- Generally, as a matter of courtesy you give the landlord 30 days notice that you are leaving.

My apartment lease was the same way-month to month-and I actually didnt know I was leaving until 2 weeks before I moved. Courtesy, yes, but I dont think I had an obligation to notify her in advance.

Regardless of whether she sends you an invoice you are still responsible for the rent.

Just curious, but do you say this as someone with a degree in the law?

As far as her finding me...I live out of state now and I dont think she has my address. She might be able to get it by talking to my former landlord and getting it but that would be tough.

 

[Smolek]

If you had proof then it would be different but now the paper is gone. I would say just give the 6 weeks fee and let it die.

 

[notfred]

You paid for no service, and you recieved no service. I don't see the problem.

 

[d33pt]

as a renter you need to give her 30 days notice to vacate

 

[juiio]

You had no contract. You're fine.