We received a five day notice to pay in December and satisfied the amount. We received another in February with an incorrect amount. It claimed erroneous dates and amounts. We were also withholding due to repair made at our expense which LL was aware. We satisfied that notice as well but also went to court Yesterday per a motion to vacate. The summary was vacated. Our receipts show that actually we are ahead in rent. Today I received a notice from the new PM stating another notice pay has been filed. In addition, the amount may be for "late fees" or electric. But we've only been invoiced once for electric. We received an email from the PM requesting all of the payment receipts.
What can we do to stop this harassment?
RE: Email today indicated that the Notice was attempted to be served but that the residence could not be found. PM asks if we're still there and goes on to say that they have received 8 rental payments. We believe we've paid 10 payments and are ahead by at least $400 -$1900.00. PM submitted a chart of payment dates. We produced receipts for two additional dates. They are now asking for all of OUR receipts. Should we submit them to the PM?
Estate Planning Attorney
The data you have provided leads me to two viable options to "stop the harassment": (1) Vacate the unit and find a more accommodating and honest landlord or PM. That is a bit extreme but always an option, however review your lease agreement for any penalties if you decide to take that path. (2) Cooperate with the new PM. Provide copies of the ten payment receipts, discuss the reimbursement for the repairs, and work out a better relationship with the new PM. Take advantage of the clean slate with the new PM to resolve your differences and concerns.
As an alternative to the above suggestions, you can always schedule a consultation with a real estate attorney to review your options. The attorney can represent you in your negotiations with the PM. You may also have a cause of action for fraudulent eviction, breach of contract, or negligence. You will need to discuss all the facts with a qualified attorney in your community to evaluate if litigation is appropriate in your case.
I am a lawyer but I am not your lawyer, so get a second opinion and do not rely exclusively on my answer.
Employment / Labor Attorney
The more information and evidence you provide to the PM the better you can document your claim of harassment. Be sure to keep a record of the information you provide and make sure that it is easy to understand. e.g. send it in an email with a clear explanation of what you are sending, what it proves, and with a request that the PM stop seeking to evict you when you are clearly current on your obligations.
I've found that the best way to stop this sort of conduct is to provide all your proof of payment to the PM and document your communication with the PM. Then the PM knows you're right and should leave you alone. If the PM doesn't stop, then you can show the judge what's going on and ask the court to sanction the PM for its conduct.
I am licensed to practice in Nevada. Please note - the information I post is not legal advice and my response does not make me your attorney. If you would like to seek my legal advice, then please contact me directly. I participate in AVVO in an effort to assist people by providing general answers to questions. However, you should always consult an attorney (meaning talk with one face to face in a consultation) before taking any legal action.
Chapter 7 Bankruptcy Attorney
Many landlord/tenant disputes begin as misunderstandings between the tenant and the landlord/property manager. One of the most effective ways to avoid this is to keep a notebook of conversations and to write down what you were told and when. Often the misunderstanding is over what the landlord "knew about" or "approved". If you have to go to court, telling a judge that it was your understanding that the landlord was going to reimburse you or was going to do something is never as effective as telling the judge, "On September 12, 2011, I met with the landlord at the property and informed the landlord about the water leak and was told that I should fix it myself and deduct it from the rent." As with many things legal, the more documentation you have, the better your case becomes.
Please note that any comments made are intended as general information only and not specific legal advice. No legal representation is offered without a written and signed Fee Agreement.