PDA

View Full Version : Getting bullied by landlord


Neumeier
03-26-2015, 08:15 PM
I live in an apartment complex where everyone is miserable. The management here really sucks, but that is beside point.

My wife and I are model tenants. We've lived here 6 years. About 3 years ago we got a call that they never received our rent check. I told them to wait a week or so to see if it turns up. They never received after a few more days (3 weeks late at this point) and called me saying I needed to bring a cashier check to the office (30 miles away) or they will come clean our apartment out the next day. I thought this was odd since we never missed a payment. I let it slide and brought a cashier check. About 2 months later the lost check was returned to us. No idea what happened with it.

Fast forward to this month. My wife ran out of checks so she told me to send the check from my other account. Of course I forgot. Completely my fault. So the rent is 3 weeks late. Over the last 6 years we have never ever missed a payment besides the lost check. They called me today saying to hand deliver it or they are serving us an eviction notice.

The place that calls threatening is a management company that works for the complex. I sent the owner of the complex an email. I am hoping he will respond. I want him to understand how horrible the people are that manage the property. I have never been spoken to so rudely by people. There is no way they can evict you for being a couple weeks late after never missing payments.

baconswitchfarm
03-26-2015, 08:32 PM
I live in an apartment complex where everyone is miserable. The management here really sucks, but that is beside point.

My wife and I are model tenants. We've lived here 6 years. About 3 years ago we got a call that they never received our rent check. I told them to wait a week or so to see if it turns up. They never received after a few more days (3 weeks late at this point) and called me saying I needed to bring a cashier check to the office (30 miles away) or they will come clean our apartment out the next day. I thought this was odd since we never missed a payment. I let it slide and brought a cashier check. About 2 months later the lost check was returned to us. No idea what happened with it.

Fast forward to this month. My wife ran out of checks so she told me to send the check from my other account. Of course I forgot. Completely my fault. So the rent is 3 weeks late. Over the last 6 years we have never ever missed a payment besides the lost check. They called me today saying to hand deliver it or they are serving us an eviction notice.

The place that calls threatening is a management company that works for the complex. I sent the owner of the complex an email. I am hoping he will respond. I want him to understand how horrible the people are that manage the property. I have never been spoken to so rudely by people. There is no way they can evict you for being a couple weeks late after never missing payments.

So your are renting something and didn't pay what is due. Now you feel you are being bullied because they are asking you to pay what you owe. Does that sum it up ?

tucker6
03-26-2015, 08:39 PM
So your are renting something and didn't pay what is due. Now you feel you are being bullied because they are asking you to pay what you owe. Does that sum it up ?
who pissed in your wheaties? His story, if true, points to an overzealous mngt company. Do they have the right to act that way? Sure. Should they? Not really.

Stillriledup
03-26-2015, 09:02 PM
So your are renting something and didn't pay what is due. Now you feel you are being bullied because they are asking you to pay what you owe. Does that sum it up ?

There are tenant laws, im not an expert in what all the different laws are for each state, but there are "rights" for tenants...so, this would sum it up if tenants had 0 rights. I'm pretty sure they have rights though.

Neumeier
03-26-2015, 09:04 PM
So your are renting something and didn't pay what is due. Now you feel you are being bullied because they are asking you to pay what you owe. Does that sum it up ?

LOL definitely didn't expect this type of response. Well maybe I did on a forum. Yes I missed the rent payment and admit it. I will hand deliver a cashier check tomorrow but I think if you live somewhere for 6 years and are an awesome tenant you shouldn't get treated like a piece of crap.

Neumeier
03-26-2015, 09:08 PM
Maybe this is normal. I have no idea. I just thought it was completely weird them saying they were going to kick us out for being a couple weeks late.

thaskalos
03-26-2015, 09:23 PM
Maybe this is normal. I have no idea. I just thought it was completely weird them saying they were going to kick us out for being a couple weeks late.
Landlords typically have their own mortgage payments to make, and they only get a 15-day grace period...so, when a tenant is more than two weeks late with the rent...that sometimes creates a problem.

The fact that you didn't alert them about the tardiness also creates a problem.

whodoyoulike
03-26-2015, 09:24 PM
In my area, it's takes months to evict a tenant.

But, I don't think you want to go that route. Explain what happened from your POV. Pay their late fee penalty and hope they accept it and they don't try to retaliate especially if you're happy with the facilities, because as you probably realize they can make it difficult for you.

Now, if SRU is willing to put you up at one of his places then you may be able to take a different approach.

RunForTheRoses
03-26-2015, 09:45 PM
As others stated there are tenant's rights and I doubt if 3 weeks is enough to kick you out anywhere.

You should look into online payments-fast,efficient, and leaves a trail.

davew
03-26-2015, 09:46 PM
What really sucks about the management there? The owners typically pay between 10-15% of collections to the management company.

You do not mention what state you are in, but as mentioned before - states have the 'rules' the landlords must follow. Many states even put out a brochure or pamphlet explaining renters 'rights'. I would be surprised if your state allows landlord to come and remove your stuff without some sort of court 'unlawful detainer' proceeding.

Do you know the owners? Maybe they do not know the management sucks.

Unless the location or price is excellent, it might be a good idea to start looking for another place anyway. You probably are now on a month to month, after a few years.

Neumeier
03-26-2015, 10:10 PM
What really sucks about the management there? The owners typically pay between 10-15% of collections to the management company.

You do not mention what state you are in, but as mentioned before - states have the 'rules' the landlords must follow. Many states even put out a brochure or pamphlet explaining renters 'rights'. I would be surprised if your state allows landlord to come and remove your stuff without some sort of court 'unlawful detainer' proceeding.

Do you know the owners? Maybe they do not know the management sucks.

Unless the location or price is excellent, it might be a good idea to start looking for another place anyway. You probably are now on a month to month, after a few years.

We aren't renewing the lease that comes up in June. We are buying a house. We are in Massachusetts. I don't know the owners. I'd like to just bring it to their attention that they threatened to come empty the house. If he explains that it's how it works I'd be fine with it.

JustRalph
03-26-2015, 10:44 PM
You're in a complex? Then u are not a person. You are a number. If u were one of my tenants, of which I only have a few, my management company would contact me after ten days for guidance. I would call you or email.

But, in a larger complex you get the same treatment as the lowest dead beat.

Nature of the biz.

mostpost
03-26-2015, 10:59 PM
You're in a complex? Then u are not a person. You are a number. If u were one of my tenants, of which I only have a few, my management company would contact me after ten days for guidance. I would call you or email.

But, in a larger complex you get the same treatment as the lowest dead beat.

Nature of the biz.
Whether you are in a 200 unit complex or a three flat, the way you do it is the way it should be done. Even if the management company doesn't contact the owner there is no excuse for exercising the nuclear option for a tenant who has never deliberately stiffed them.

They must have records of when and how promptly each tenant pay the rent. A tenant who inadvertently misses a payment should be reminded not threatened.

If I was your tenant, you would have a great tenant and I think I would have a pretty good landlord. As long as we don't talk politics.

Stillriledup
03-26-2015, 11:07 PM
Whether you are in a 200 unit complex or a three flat, the way you do it is the way it should be done. Even if the management company doesn't contact the owner there is no excuse for exercising the nuclear option for a tenant who has never deliberately stiffed them.

They must have records of when and how promptly each tenant pay the rent. A tenant who inadvertently misses a payment should be reminded not threatened.

If I was your tenant, you would have a great tenant and I think I would have a pretty good landlord. As long as we don't talk politics.

I agree that if a person is a great tenant, they needed to be treated like a great tenant, not a deadbeat.

mostpost
03-26-2015, 11:09 PM
We aren't renewing the lease that comes up in June. We are buying a house. We are in Massachusetts. I don't know the owners. I'd like to just bring it to their attention that they threatened to come empty the house. If he explains that it's how it works I'd be fine with it.
Are you sure that this isn't how the owners want the management company to run things? The fact that you never received a response kind of indicates that.

My opinion is that there was an extreme over reaction in both instances. The first time your rent check was lost in the mail. You had no way to know this, yet you were treated as if you stole the landlords silverware.

The second time you are more responsible in that you forgot to mail the check. But why not just call you or email you and remind you.

Stillriledup
03-26-2015, 11:14 PM
Are you sure that this isn't how the owners want the management company to run things? The fact that you never received a response kind of indicates that.

My opinion is that there was an extreme over reaction in both instances. The first time your rent check was lost in the mail. You had no way to know this, yet you were treated as if you stole the landlords silverware.

The second time you are more responsible in that you forgot to mail the check. But why not just call you or email you and remind you.

The acted as if he made a conscious decision to not pay, you were right about the "nuclear" option, they acted as if everyone who's late is trying to stiff.

mostpost
03-26-2015, 11:36 PM
I guess I am fortunate to live where I do. Oct. 1 I will have lived in the same Apt. Building for thirty years. Management takes care of any problems I have promptly. They have replaced the tiles in my hallway and kitchen; refinished the hardwood floors in my living room, dining room and bedroom, repainted twice, replaced my stove and oven.

For my part I pay my rent on time, don't fight with the neighbors, and only complain when something is seriously wrong.

davew
03-27-2015, 12:31 AM
MA has some interesting rules
no late fee or interest until 30 days late
they need to go to court to get you out
the name of your owners and contact info is supposed to be on lease

www.mass.gov/ocabr/docs/tenantsrights.pdf


what makes you think the management company and owners are not the same?

Actor
03-27-2015, 12:39 AM
I've been a landlord off and on since '83. Of course it varies from state to state but as a rule it takes about six months to evict a tenant. You have to get a court order and then law enforcement has to do the actual evicting. No judge in his right mind is going to sign an eviction notice for a tenant who is less than 30 days behind on the rent. You can't even file a credit report on a tenant if he is less than 30 days behind.

Management companies like to howl. They think it keeps tenants on their toes. Some will threaten to evict next week even though they know they can't. Free speech I guess.

I do have to pay mortgages and taxes and insurance. If a tenant is late with the rent it is an annoyance but, in my opinion, if you don't have the reserves to cover that occasionally then you have made the wrong investment.

By the way if I had it to do over again I would never become a landlord. It's very labor intensive and you have to do it yourself, otherwise the profit evaporates.

Neumeier
03-27-2015, 01:03 AM
MA has some interesting rules
no late fee or interest until 30 days late
they need to go to court to get you out
the name of your owners and contact info is supposed to be on lease

www.mass.gov/ocabr/docs/tenantsrights.pdf


what makes you think the management company and owners are not the same?

The name of the company is ***** but the checks go to ****** who acts as the mgmt co. I don't think they are the same people but trying to find out

lansdale
03-27-2015, 01:11 AM
I live in an apartment complex where everyone is miserable. The management here really sucks, but that is beside point.

My wife and I are model tenants. We've lived here 6 years. About 3 years ago we got a call that they never received our rent check. I told them to wait a week or so to see if it turns up. They never received after a few more days (3 weeks late at this point) and called me saying I needed to bring a cashier check to the office (30 miles away) or they will come clean our apartment out the next day. I thought this was odd since we never missed a payment. I let it slide and brought a cashier check. About 2 months later the lost check was returned to us. No idea what happened with it.

Fast forward to this month. My wife ran out of checks so she told me to send the check from my other account. Of course I forgot. Completely my fault. So the rent is 3 weeks late. Over the last 6 years we have never ever missed a payment besides the lost check. They called me today saying to hand deliver it or they are serving us an eviction notice.

The place that calls threatening is a management company that works for the complex. I sent the owner of the complex an email. I am hoping he will respond. I want him to understand how horrible the people are that manage the property. I have never been spoken to so rudely by people. There is no way they can evict you for being a couple weeks late after never missing payments.

Hi Neumeier,

This behavior is about par for the course for landlords and management companies - some of the most vile people on the planet, in my experience. In the case you mention, the company violated the law by threatening to clear your property out of your apartment without your permission pending receipt of your check. In NYC, this behavior constitutes harassment under NYC housing law and is subject to a $1k to $5k fine. If they have actually done this to any of the tenants in your complex, this behavior constitutes a criminal violation, in MA punishable by up to 30 days in jail.

Since you mentioned you're moving, I'm assuming you're writing to the owner as a favor to the remaining tenants - a nice idea, but based on what you've already said, very likely useless. Instead, I would suggest that you tell the remaining tenants to organize, get a real estate attorney (from legal aid if necessary) and sue the s**t out of both the owner and the management company. Even if the owner(s) isn't the bad guy (and he/they very likely is/are) they'll get the message that it might be a good idea to dump the management company once they get hit with the damages. If anyone is concerned about retaliation, that, too, is a criminal violation.

Although housing law varies in different parts of the country, there is no jurisdiction I know of where a landlord can evict a tenant without a court order. This is something so basic I thought it was general knowledge, but apparently not. Thanks to davew for also emphasizing this.

There is much more to be said about this, but it's getting late, so I'll post this link to a web page on your rights re taking a landlord to court in MA - this is somewhat complementary to davew's link.


http://www.masslegalhelp.org/chapter-14-taking-your-landlord-to-court

nijinski
03-27-2015, 01:18 AM
My landlord charges a late fee of $30 if the rent is over five days late .

I agree with those here that say a good tenant should get better treatment !

HUSKER55
03-27-2015, 04:00 AM
I ran into a bad landlord years back. The tenants got together and put the rent in an escrow account and sued the bastard and got the state inspectors involved.

It seems that those who are out to play the money game are walking a tight rope. You would be amazed how fast change will come. They can't get the money until the property meets the standard expectations. They also can't evict you until the lawsuit is settled.

Check out the laws in your state.

lamboguy
03-27-2015, 06:25 AM
my best story was back in the late 60's, my mother owned and lived in an owner occupied 3 family house just outside of boston. she had rented an apartment for $260 per month to a law student and his wife.

one day this tenant decided to complain about the heat being only 68 degrees where he claimed it should be 70 in the month of october. the student decided to practice law and refused to pay his rent. my mother didn't know what to do because she needed the rent to pay the mortgage.

i decided to take matters into my own hands, i went downstairs to this couples apartment with a louisville slugger and started busting the place up. the guy was scared and out popped his wife, she handed me the rent money and apologized for her husbands behavior.

at the end of August they moved out of the place, about 10 years latter this want to be lawyer became a very big lawyer and sent me a christmas present with a note. the note read that he learned more about law in the 5 minute episode with me than he did in 3 years of law school and thanked me for the way i handled things.

sammy the sage
03-27-2015, 07:03 AM
my best story was back in the late 60's, my mother owned and lived in an owner occupied 3 family house just outside of boston. she had rented an apartment for $260 per month to a law student and his wife.

one day this tenant decided to complain about the heat being only 68 degrees where he claimed it should be 70 in the month of october. the student decided to practice law and refused to pay his rent. my mother didn't know what to do because she needed the rent to pay the mortgage.

i decided to take matters into my own hands, i went downstairs to this couples apartment with a louisville slugger and started busting the place up. the guy was scared and out popped his wife, she handed me the rent money and apologized for her husbands behavior.

at the end of August they moved out of the place, about 10 years latter this want to be lawyer became a very big lawyer and sent me a christmas present with a note. the note read that he learned more about law in the 5 minute episode with me than he did in 3 years of law school and thanked me for the way i handled things.

:lol: good OLE days...try that now and YOU'D be in jail...possibly for years...

tucker6
03-27-2015, 07:06 AM
I guess I am fortunate to live where I do. Oct. 1 I will have lived in the same Apt. Building for thirty years. Management takes care of any problems I have promptly. They have replaced the tiles in my hallway and kitchen; refinished the hardwood floors in my living room, dining room and bedroom, repainted twice, replaced my stove and oven.

For my part I pay my rent on time, don't fight with the neighbors, and only complain when something is seriously wrong.
reading your post reminded me of my girlfriend and her lease before she became my wife in the early 90's. The landlord loved her so much as a tenant that he not only gave her the security deposit back whole when she left but also returned the last month's rent as a thank you for being a great tenant. Now that is class. :ThmbUp:

Tom
03-27-2015, 07:47 AM
See a lawyer.
I thing you have grounds for at least a formal complaint to the BBB, and possibly a harassment suit.

Verbal threats by collectors are illegal.
Stand up to these guys....what is their name again, Third Reich Realty?

Grits
03-27-2015, 09:29 AM
We aren't renewing the lease that comes up in June. We are buying a house. We are in Massachusetts. I don't know the owners. I'd like to just bring it to their attention that they threatened to come empty the house. If he explains that it's how it works I'd be fine with it.

You were told that you would be "served". This is the property owner's right, and too, its the management company's responsibility to contact you. You are currently three weeks past due on your rental without having addressed the status.

I would not send the owner a note, not by any means ...because:

(a) Those who pay close attention to their bank accounts and their monthly payments, DO NOT run out of checks.

(b) Those who pay close attention to their bank accounts and their monthly payments, DO NOT tell the owner of the property upon realizing they were out of checks, "I still forgot".

Last of all, and more importantly, before you attempt to qualify with your mortgage lender for the home you plan to buy, check the current status of your credit report. You want to ensure that your rating is in good standing.

Neumeier
03-27-2015, 09:49 AM
I just paid the landlord. They came and picked it up which made my life easy. Got this email this morning though.

Do you have a time frame for the check?


If we do not have the check by 10am I will be calling the Constable to have
you served the summary process for eviction. Once they are called it will
not be cancelled until I have the check in the Natick office. Calling the
Constable is a fee of $60 which is charged back to you as it states in the
Addendum A clause of your lease.

Your rent is due on the 1st of the month.

Neumeier
03-27-2015, 09:51 AM
I just want to point out that not complaining that I owe rent. I am taking full responsibility for being 3/4 weeks late and it's all my fault. I just think their actions are drastic for the situation.

PaceAdvantage
03-27-2015, 10:11 AM
Whether you are in a 200 unit complex or a three flat, the way you do it is the way it should be done. Even if the management company doesn't contact the owner there is no excuse for exercising the nuclear option for a tenant who has never deliberately stiffed them.

They must have records of when and how promptly each tenant pay the rent. A tenant who inadvertently misses a payment should be reminded not threatened.

If I was your tenant, you would have a great tenant and I think I would have a pretty good landlord. As long as we don't talk politics.How does the management company know if they are being deliberately stiffed (ie lied to) or not?

MONEY
03-27-2015, 10:26 AM
I was a landlord in NYC.
In New York when tenants don't pay the rent they become your dependents.
The only way I was able to get rid of non paying tenants was to sell my houses,
because the new owners only had to give 30 days notice and dead beats had to leave.

highnote
03-27-2015, 03:04 PM
I was a landlord in NYC.
In New York when tenants don't pay the rent they become your dependents.
The only way I was able to get rid of non paying tenants was to sell my houses,
because the new owners only had to give 30 days notice and dead beats had to leave.


One tip I heard from landlords to use to get rid of unwanted tenants is to pay them to leave. Tell the tenants you will give them $125 if they move out by such and such date. It probably doesn't always work, but when it does it is money well spent.

lamboguy
03-27-2015, 03:19 PM
One tip I heard from landlords to use to get rid of unwanted tenants is to pay them to leave. Tell the tenants you will give them $125 if they move out by such and such date. It probably doesn't always work, but when it does it is money well spent.-i will give you another good tip, when i was going to the track or the race books in nevada, when someone you knew asked to borrow $200, just give them $20 and tell them they don't owe you anything. you never get your money back either way and you just made $180.

charm city whizz
03-27-2015, 03:28 PM
I dealt with a real scumbag last year when I had a house in Maryland

My rent was 1650 paid it every month 7 days early when I could have gambled it and the guy had the balls one month to ask me if I could pay a little early cuz his heat bill was high, then tried to beat me out of my security deposit


On the other hand I when I worked in Atlantic city I had a house on the Island of brigantine, lived there for 10 months before I got hired in Maryland and out of the 10 months the last 3 rent was tripled cuz now it was a "summer rental" but here was the kicker the landlord never came by the for the rent I had to try and hunt him down......it was time to leave for Maryland I owed him 4800 for 3 months (1600 a month in summer) I finally get in touch him him a week before I leave I said evio where the **** you been Im moving to Maryland he said best of luck to you "keep the 800 security and call it even" I said have a nice day!!!!!

landlord I have now is nicest guy in the world, loves I pay cash and don't ask for a reciept!!

highnote
03-27-2015, 03:57 PM
I dealt with a real scumbag last year when I had a house in Maryland

My rent was 1650 paid it every month 7 days early when I could have gambled it and the guy had the balls one month to ask me if I could pay a little early cuz his heat bill was high, then tried to beat me out of my security deposit


On the other hand I when I worked in Atlantic city I had a house on the Island of brigantine, lived there for 10 months before I got hired in Maryland and out of the 10 months the last 3 rent was tripled cuz now it was a "summer rental" but here was the kicker the landlord never came by the for the rent I had to try and hunt him down......it was time to leave for Maryland I owed him 4800 for 3 months (1600 a month in summer) I finally get in touch him him a week before I leave I said evio where the **** you been Im moving to Maryland he said best of luck to you "keep the 800 security and call it even" I said have a nice day!!!!!

landlord I have now is nicest guy in the world, loves I pay cash and don't ask for a reciept!!

I had a tenant that didn't pay the last month's rent, but told me he was going to use the security deposit for the last month's rent even though the contract specifically said the security deposit was NOT to be used for the last month's rent.

So he moved out and took the venetian blinds, curtains and curtain rods I installed during the renovation before he moved in.

I didn't chase him down to try to recover the money for the curtains, etc. I was happy to be rid of him, even though he stole some of my property.

He was pissed because I didn't renew his contract. He paid on time and was a decent enough tenant, but was kind of a jerk in other ways. I had someone else who I liked better that needed to rent a house. So I understand why he was pissed, but that's no reason to cheat and steal.

The new tenant has been there for 5 years and takes care of the house much better plus collects rent from other tenants for me and does maintenance on the properties. I'm lucky that I can be an absentee landlord and never have to worry about maintenance or collecting rents.

thaskalos
03-27-2015, 10:28 PM
I remember the first time I ever rented an apartment, in a building owned by an acquaintance of mine. He told me that, since we knew each other, I didn't need to worry about paying him the rent on time. He had to pay his loan for the property on the sixteenth of the month, he told me...and if I paid him the rent anytime before that, it would be alright. I paid him the first month and the security deposit...and I moved in.

The first of the next month comes around, and my landlord shows up at my front door...claiming that he was "just in the neighborhood". Since he was there anyway...he asked if it was alright if he collected the month's rent. I gave it to him.

I stayed there 12 months...and every month he would show up exactly on the month's first day...always pretending that he just happened to be "in the neighborhood". I paid him the rent on the first each time.

Years later, I ran into him at a coffee shop...and we reminisced a little bit. I asked him about the collection of the rent...and about what he had told me before I moved in. What was it that caused him to always show up on the first to collect the rent...I asked him.

He told me that he went to my basement one day early on to check out the furnace...and he noticed a large stack of Racing Forms on one of the tables. :)

Saratoga_Mike
03-28-2015, 01:24 PM
landlord I have now is nicest guy in the world, loves I pay cash and don't ask for a reciept!!

And your upside to no receipt on a cash payment is??? Oh yes, virtually certainty to lose if he sues you for back rent.

thaskalos
03-28-2015, 01:27 PM
And your upside to no receipt on a cash payment is??? Oh yes, virtually certainty to lose if he sues you for back rent.
And a sure way to lose your security deposit. I know...because it happened to me.

Saratoga_Mike
03-28-2015, 01:28 PM
And a sure way to lose your security deposit. I know...because it happened to me.

...but he gets to deal with a really nice guy in the interim!

thaskalos
03-28-2015, 01:29 PM
...but he gets to deal with a really nice guy in the interim!
Well...Whizz has always been the trusting sort... :)

Ocala Mike
03-28-2015, 03:23 PM
When my brother died (young) back in 1990, he left a tenant-occupied rent-controlled apartment to me in Rego Park, Queens, NY. The tenant was a feisty holocaust survivor widow who basically "bullied" me until I was able to sell the apartment out of the estate. It happened that my brother was basically "coddling" her with new stuff (range/refrigerator, etc.) every once in a while, and it also happened that she was "tight" with Al D'Amato, a local politico who carried a lot of weight. Was glad to escape with only the cost of a new refrigerator during the year I had the place, and she did pay her rent on time.

JustRalph
03-28-2015, 06:07 PM
I was informed by my ex landlord in Dallas (moved to Houston a week ago) that I was being "docked 30 Bucks " on my deposit because the smoke detector in the living room was missing. I didn't think it was worth explaining to him that it was gone when I moved in, or pointing out the three other detectors I installed throughout the home were still there. Not to mention the two carbon monoxide detectors I installed.

:bang:

At least I get something back this time. The last place I rented the landlord and his wife divorced during my lease. Both deny they own the property. They didn't seem to have that problem when I was paying rent via the online site they used.

I sent a lawyer after them..........$500 Bucks later I gave up.

whodoyoulike
03-28-2015, 06:42 PM
I live in an apartment complex where everyone is miserable. The management here really sucks, but that is beside point...

You never stated how many units are in your complex. But, if it's 200 or so as another posted they're probably filing eviction notices every month or every couple months i.e., they're familiar with the process. But, they're not going to be able to evict you for at least 4 - 6 months.

Again, as I posted earlier you really don't gain anything from being in your position (you were in the wrong). If you don't like their response after you've explained what happened then you have the option to move as soon as you are able.

Easter is coming up. Try schmoozing the complex manager (the ones I had were usually retired women) with a flower arrangement planter. Get on their good side and usually they'll keep an eye out for your place since they're there a good % of the time.

lansdale
03-29-2015, 11:41 PM
Hi Neumeier,

This behavior is about par for the course for landlords and management companies - some of the most vile people on the planet, in my experience. In the case you mention, the company violated the law by threatening to clear your property out of your apartment without your permission pending receipt of your check. In NYC, this behavior constitutes harassment under NYC housing law and is subject to a $1k to $5k fine. If they have actually done this to any of the tenants in your complex, this behavior constitutes a criminal violation, in MA punishable by up to 30 days in jail.

Since you mentioned you're moving, I'm assuming you're writing to the owner as a favor to the remaining tenants - a nice idea, but based on what you've already said, very likely useless. Instead, I would suggest that you tell the remaining tenants to organize, get a real estate attorney (from legal aid if necessary) and sue the s**t out of both the owner and the management company. Even if the owner(s) isn't the bad guy (and he/they very likely is/are) they'll get the message that it might be a good idea to dump the management company once they get hit with the damages. If anyone is concerned about retaliation, that, too, is a criminal violation.

Although housing law varies in different parts of the country, there is no jurisdiction I know of where a landlord can evict a tenant without a court order. This is something so basic I thought it was general knowledge, but apparently not. Thanks to davew for also emphasizing this.

There is much more to be said about this, but it's getting late, so I'll post this link to a web page on your rights re taking a landlord to court in MA - this is somewhat complementary to davew's link.


http://www.masslegalhelp.org/chapter-14-taking-your-landlord-to-court

Just to follow up -

Some decades ago I was involved in rehabbing apartments and buildings in New York. During that time, as NY was gentrifying and many neighborhoods were seeing a sharp increase in property values, the phenomenon of the so-called 'Dracula' landlords arose in the area. These people specialized in terrorizing the longtime tenants of rent-controlled and stabilized buildings, many of them ill, elderly, often out of touch, in order to drive them out of buildings the owners had recently snapped up. Heat, hot water, electricity etc., were on and off sporadically in the middle of winter. In some buildings, public area lights were smashed or the fixtures themselves removed, including the elevators. Tenants' possessions were put in the hall or outside the building - occasionally in the omnipresent dumpsters - or the doors to apartments were simply removed. Tenants were verbally abused and sometimes physically intimidated.

During this time I also managed some small six-unit buildings for a friend, and I still have a number of friends with substantial real-estate holdings, so I also have some awareness of the problems of that side of the business.

Despite the occasional deadbeat of psycho tenant, there's no question in my mind that such people are a tiny minority of the tenant population compared with the much larger proportion of thuggish sociopaths among landlords and building managers.

In the situation cited by the OP, many seem to miss the point. Of course, he should pay his rent on time, and of course, the landlord has the right to serve notice when the tenant is late with the rent. What is illegal is the landlord threatening to remove his possessions (in NY this is known as a 'lock-out') or actually removing them. Again, a landlord *cannot ever* evict a tenant without a court order.

I've linked the NY Legal Aid tenants' rights page below. The law isn't applicable to every region, but these actions tend to be violations in most jurisdications. Always good to be aware of local housing laws.



1, What is the legal definition of
harassment?
The term “harassment” refers to any act
or omission that causes or is intended to
cause any person lawfully entitled to
live in a room or apartment to give up
their apartment or any of their rights in
relation to the room or apartment.
2. What are some common types of
harassment?
Harassment may include:
• using force or threats of force
• stopping or interrupting essential
services
• bringing baseless, frivolous court
cases
• removing possessions from the
dwelling unit
• removing the door of the dwelling
unit
• breaking or changing the lock of a
dwelling unit without supplying a
new key
• Anything else that causes or intends
to cause the lawful occupant to
vacate or to give up any legal rights
related to occupying the dwelling unit


https://www.legal-aid.org/media/180998/kyr_tenant_harrassment_en.pdf

how cliche
03-30-2015, 10:12 AM
here's one.

5 years of flawless payment and responsible tennancy in every way... garbage/recycling is billed quarterly by a municipal organization. forgot to pay it one quarter. received a 3 days to pay notice in the mail that also alerted me of a county anti-blight law. paid the bill that day. 10 days later a property management process server hands me a note giving me 3 days to pay the bill or vacate the property. the delinquency note was also mailed to the owner who must've freaked out. management company sat on their hands over a week and then came by to give me shit. :ThmbDown:

baconswitchfarm
03-30-2015, 12:14 PM
Just to follow up -



Despite the occasional deadbeat of psycho tenant, there's no question in my mind that such people are a tiny minority of the tenant population compared with the much larger proportion of thuggish sociopaths among landlords and building managers.
]



I would think there are more sociopaths among those that can't buy a house than successful people who happen to own real estate.

Teach
03-30-2015, 01:39 PM
Boston Sunday Globe, March 29, 2015:

https://www.bostonglobe.com/magazine/2015/03/25/think-tough-rent-try-being-landlord/IQbRDcOlvsgM3GYDpp6mgO/story.html

lansdale
03-31-2015, 05:09 PM
I would think there are more sociopaths among those that can't buy a house than successful people who happen to own real estate.

Obviously, I'm basing this on my own past experience and that of friends and acquaintances in the real estate business over decades, but it seems there are a number of false assumptions in your statement. First, I wasn't comparing home-owners vs. renters, re mental health, but, to digress, although I'm sure that there are many who rent would prefer to own, I know many people who could own who prefer to rent, especially in the last decade or so.

My comparison was tenants vs. owners of income-producing properties - landlords. And I'd say 15-20% of the latter group qualify for the sociopath label - selfish, ruthless, lacking in empathy, driven by a sense of entitlement and an undercurrent of rage sometimes covered by a veneer of fake charm. And, contrary to your assumption, a sociopathic profile often goes hand-in-glove with success, as you describe it, as long as such people stay within the law. In comparison, maybe 3%-5% of tenants are people with serious issues that go beyond the norm of tenant complaints.

I should add that my perspective is based on being in the east, where, as we've seen here, the housing law is more favorable to tenants, and where a low-level war of attrition has existed between owners and tenants for decades. But it's also a region with (usually) low vacancy rates and tight housing markets, where many people have made a great deal of money in real estate in the last three decades or so. It's my sense that tenant-landlord issues are less intense west of the Mississippi and in the southwest particularly, where vacancy rates are often much lower and landlords need to be proactive in acquiring and retaining tenants.

Saratoga_Mike
03-31-2015, 05:15 PM
I would think there are more sociopaths among those that can't buy a house than successful people who happen to own real estate.

One of the dumber comments I've read in some time.