After 9.75 years my landlord is claiming I never paid the last month rent deposit. I have contacted the bank and they are in the process of mailing the canceled checks. The landlord has posted a handwritten eviction notice on my door. She is demanding I move by November 30. She is holding $1700 is security. She wrote me a letter today that states I am trying to cheat her. I am scared as I have a daughter who is absolutely frightened. I am searching for a safe place to move to get away from her harassing. I have gone to the police to report the harassment, but they told me to go to small claims. They also told me that the eviction notice was not legal. What do I do?
I do have a lease from 1999. I also am in possession of two written notices where states that I paid her the first last and security. She told me that was my way of trying to get over on her. The lease was written to start on March 1, 1999 and expiring on February 28, 1999. Despite I followed the lease. It also claimed rent was due by the 5th of the month and thereafter would be considered late. But verbally she demand late fees for anything over the 3rd of the month. This woman is going around telling neighbors and friends I am trying to cheat her. Please advise me?
Landlord / Tenant Lawyer
You need a landlord-tenant attorney. If you have proof of payment then you will probably win if she tries to evict you. At this point, 9 years later, you are probably on a month-to-month tenancy if you pay your rent on a monthly basis. The landlord can choose to terminate the lease by giving you fifteen days notice. She would then have to file a law suit in county court to evict you.
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