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CeeCee237

MY LANDLORD'S HARASSING ME THIS MONTH LIKE I'M ALWAYS LATE

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For discussion purposes and perhaps for the OP to see if similar language exists in the Georgia code:

 

From the Texas Property Code-

(B) A landlord may not intentionally prevent a tenant from

entering the leased premises except by judicial process unless the

exclusion results from:

(1) bona fide repairs, construction, or an emergency;

(2) removing the contents of premises abandoned by a

tenant; or

(3) changing the door locks of a tenant who is

delinquent in paying at least part of the rent.

© If a landlord or a landlord's agent changes the door

lock of a tenant who is delinquent in paying rent, the landlord or

the landlord's agent must place a written notice on the tenant's

front door stating:

(1) an on-site location where the tenant may go 24

hours a day to obtain the new key or a telephone number that is

answered 24 hours a day that the tenant may call to have a key

delivered within two hours after calling the number;

(2) the fact that the landlord must provide the new key

to the tenant at any hour, regardless of whether or not the tenant

pays any of the delinquent rent; and

(3) the amount of rent and other charges for which the

tenant is delinquent.

(d) A landlord may not intentionally prevent a tenant from

entering the leased premises under Subsection (B)(3) unless:

(1) the tenant is delinquent in paying all or part of

the rent; and

(2) the landlord has locally mailed not later than the

fifth calendar day before the date on which the door locks are

changed or hand-delivered to the tenant or posted on the inside of

the main entry door of the tenant's dwelling not later than the

third calendar day before the date on which the door locks are

changed a written notice stating:

(A) the earliest date that the landlord proposes

to change the door locks;

(B) the amount of rent the tenant must pay to

prevent changing of the door locks; and

© the name and street address of the individual

to whom, or the location of the on-site management office at which,

the delinquent rent may be paid during the landlord's normal

business hours.

(e) A landlord may not change the locks on the door of a

tenant's dwelling under Subsection (B)(3) on a day, or on a day

immediately before a day, on which the landlord or other designated

individual is not available, or on which any on-site management

office is not open, for the tenant to tender the delinquent rent.

(f) A landlord who intentionally prevents a tenant from

entering the tenant's dwelling under Subsection (B)(3) must provide

the tenant with a key to the changed lock on the dwelling without

regard to whether the tenant pays the delinquent rent.

(g) If a landlord arrives at the dwelling in a timely manner

in response to a tenant's telephone call to the number contained in

the notice as described by Subsection ©(1) and the tenant is not

present to receive the key to the changed lock, the landlord shall

leave a notice on the front door of the dwelling stating the time

the landlord arrived with the key and the street address to which

the tenant may go to obtain the key during the landlord's normal

office hours.

(h) If a landlord violates this section, the tenant may:

(1) either recover possession of the premises or

terminate the lease; and

(2) recover from the landlord a civil penalty of one

month's rent plus $500, actual damages, court costs, and reasonable

attorney's fees in an action to recover property damages, actual

expenses, or civil penalties , less any delinquent rent or other

sums for which the tenant is liable to the landlord.

(i) If a landlord violates Subsection (f), the tenant may

recover, in addition to the remedies provided by Subsection (h), an

additional civil penalty of one month's rent.

(j) A provision of a lease that purports to waive a right or

to exempt a party from a liability or duty under this section is

void.

 

IF ANYONE QUOTES THE TEXT, PLEASE BE SURE TO DISABLE SMILIES- I DID NOT SPACE ANYTHING OUT AND SOME OF THE PARENTHETICAL ENTRIES WILL OTHERWISE SHOW UP AS EMOTICONS!!!

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Wow centex....that is really landlord-friendly compared to what we have here in FL...You can't change the locks at all here, regardless of whether or not the tenant is delinquent with rent payments.

 

Even then, though, this woman refuses to give her a key after the fact, so she has even violated that (extremely liberal) take on things...

 

If I were the OP, I'd go see an attorney ASAP. Sounds like the landlord is out of touch with reality, and playing uneccessary hardball.

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i agree chriswufgator. she knew i would have the money in as soon as possible. i don't know why she chose to take all of these unnecessary actions. i pay my rent every month & am purchasing the unit from them within the next 30 days so i don't understand what the he** the problem is. i'm not sure what the laws are here in GA but i still think what she did was illegal even though my locks have been changed since last year. there was just no reason for her to come over here until now i guess that's why i didn't rush to get her a key & plus she's never even been in my place at all so i definitely didn't think she would come over like that . the contract was between me and her husband & i haven't even talked to him in months...he plays football too LOL. does anyone know the laws for this in GA?

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Excellent information in this post! I have seen so many posts on this forum though, when everyone chimes in with such great information, facts and courses of action, then it just seems that the OP isn't all that interested in pursuing the matter any further after venting.....in this case I'd really like to know if the OP plans to pursue this issue to the full extent? :)

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.....in this case I'd really like to know if the OP plans to pursue this issue to the full extent? :unsure:

 

I think its necessary. Otherwise the landlord will continue violating others in the same manner. Paying a bill late does not constitute being locked out of your own house and property without due process.

 

This would also be a tell tale sign to me that the chances of completion of the rent to own may never take place, and quite possibly be very influenced by this person.

 

I would let the law handle this landlord, and look for a new place.

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plus, keep in mind that the money you could potentiall get from the landlord could help with that downpayment *grin* or it could help you negotiate a lower price

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I've been renting to purchase a condo from a couple for the last year and a half. This month my rent didn't get paid on time & she's been calling me EVERYDAY threatening me since the 17th. I live alone w/my 6yr old son but his father plays professional football so he pays the rent directly to the owner through their BofA account every month. Well this month he got cut from the team so he didnt get a check for the month of Aug but went to a new team so he'll have a check around the 1st of Sept. I had no idea my rent wasn't paid so I went about my little life each day as if nothing was wrong. Well I get home on the 17th during the night & my dead bolt & a bunch of wood pieces are laying in front of my door. SOMEONE CALLED A LOCK SMITH ENTERED MY PLACE AND CHANGED MY LOCKS. So I called the owner who told me she had been trying to call me for the past week to tell my she had someone coming by to appraise the unit so they needed to get in. After I called her she realized she had my number programmed in her phone w/the wrong Atlanta area code. Well we all know that when you live in a condominium the building owner & the owner of the unit must have a copy of your key. Well I changed my locks last year b/c I lost my keys but I didn't think to give em a copy. It's 11pm at night so I'm standing there w/my son at the door calling a locksmith to come let me in. Well when he gets to the concierge desk for them to let him up they inform him that no locksmiths are authorized to come to my unit to let me in b/c my rent isn't paid. I called her back to ask her what the h*** is going on and she tells me unless I have her $3000 rent plus the $300 they paid to change the locks..I cant get in. Then she said she needed to think about it for about 30min & call me back. When she finally made up her mind she called the front desk & told them that it was okay for me to call a lock smith to let me in but that they couldnt give me a key, so if I needed to go somewhere I would have to leave my door unlocked. I told her I would try to get her the money myself by that Mon. She called me everday after that threatening me up until today when i finally got $3100 to deposit in her acct. After I deposited the cashiers check I called her around 5:30 to tell her, she called me back 5min later saying there was no deposit! I told her to wait til after midnight it should show. I couldn't believe after all this time I've been a good tenant & now I run into a hard time this month, they try to talk to me like I'm a crackhead or something who never pays their rent on time :)

 

Ok, Another landlord input here. Just like others have said. You need to get a lawyer and get paid. This is easy Money. NOW to be honest, you did a few things wrong ... changing locks without notice and Late with rent ...NO excuses.

 

What your landlord did however, is 10 times worst. Get a lawyer and I can assure you she would settle before trial. I haven't read most of the other responses but I can trust the CB'ers to lay it out. BuT I would be pissed at YOU if you don't do anything at all about her actions.

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It's like I said...the OP just came to blow off steam...I hate threads like this, feels like an unfinished book. I feel like all that great advice everyone gave was for nothing? ;)

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Ask her if she know what the costs and penalties are to a landlord for a retaliatory eviction. I wouldnt be paying a dime for the locksmith. Id be seeing her in court.

Don't do that, you get into an adversarial stance with her, try to stay on good terms, especially if she is allowing you to rent to own.

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Also a little more food for thought (we own rentals)

 

It seems that some of our tenants were under the impression that we were wealthy and living well off of the rents we collect from them, for some reason they didn't realize that our good credit is virtually dependent on the money we rely on them to pay on time, if that makes sense. In other words, I'm not defending her actions but instead asking you to consider that she may have been under tremendous financial stress herself.

 

The thing with the locks sounds bizarre, though it may have been an issue of the landlord feeling like they had to somehow 'get serious' or hold the line, maybe from their end they felt like they were in danger of the property being damaged / abandoned, and the story about the appraisal was more of an anecdote.

 

I understand your position Cee, you were probably really caught off guard, sounds like a bunch of stress that no one needs.

 

One of the hardest things in life & relationships sometimes is to be empathetic or 'put the shoe on the other foot' see heres what I've learned, most of time each side usually feels like they do so much more, or their point(s) hold more validity, etc.

 

ETA: you - I'm a good tenant, I'm clean, neat, quite and a pay my rent, etc.

Them - I'm giving them an opportunity to own this place and cutting them slack and they do me like this, etc.

 

Just a couple of examples, I swear in many relationships both sides often think they do so much more than the other, sometimes one party will think they are the greatest thing that ever happened to the other while the other party thinks they are a thorn in their side or a nuisance ;)

 

Like I said see if you can play this as smooth as silk so that you can maintain your good landlord tenant relationship and keep the doors open. (she may end up feeling bad later especially if you keep your side of the street as clean as possible, not to mention the area code blunder)

 

My best suggestion - keep open lines of communications, & double check the account to make sure the rents clear.

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plus, keep in mind that the money you could potentiall get from the landlord could help with that downpayment *grin* or it could help you negotiate a lower price

icon14.gif

 

It could also lead to losing the opportunity to rent to own the condo if the landlord gets pinched or worse hires an eviction attorney & files an unlawful detainer then things could really go south.

 

being right is over rated (especially when it comes the roof over your head)

 

Once again I say don't let things snowball, it was a snafu, and it can be recovered from.

 

ABSOLUTELY NOTHING good will come of reacting / escalating things and getting into an adversarial stance (even if Cee decides to move on & decline an opportunity to eventually own the condo it will be much less stressful to do it peacefully)

 

I understand people come here asking about advise when they deal with JDB's and such and we often encourage to take a stand, I think this situation requires a certain type of a finesse that you should never waste the energy on if it were a pond scum garbage debt collector ;)

 

What am I still doing awake! can't sleep

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You said the father of your child is a Pro football player. Is he able to do something?

 

This owner of your condo put you and your son in jeopardy!

 

This is just me, but if I was the father I'd be medieval all over the owners butt!!!

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