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  1. #1
    Join Date
    Dec 2010
    Posts
    6

    Default Landlord Claims Rent is Due from Two Years Ago

    My question involves landlord-tenant law in the State of: GA

    Ok. My first lease ever, I got this house. Guy seemed nice and I wasnt sure all what I was supposed to do. We walked around the house, me pointing out defects/broken things and him going "Ya ya it'll get fixed." It never did. I lived there from Jan. 08 to Nov. 10. Finally I had enough and moved out. We met up to give keys back and he says "Oh by the way, I think you still owe me like $4000 from two years ago. You were behind two months. Then you were behind another two months last year. So get back with me later to work out payment." Now I paid rent on time, on the 15th (when he said he wanted it) every month. So I told him that I didnt owe him anything and he is lucky I am not sueing him, he kinda said "F you buddy! You owe me $5000 ($1000 more than he told me before)! Your gonna hear from my lawyer!" So I ask my grandfather (whos a judge) what to do, he told me to write up a letter and here it is:

    " To whom it may concern, I, John Doe, have moved out of the house located at HOUSE, of my own will and not forcibly or at the eviction notice of the landlord of said property, David Doe of HIS HOUSE, on this the 19th of November 2010. I have chosen to move because of careless neglect of said property and the items below:
    1. Lease started in January of 2008, and expired on February of 2009, therefore proceeding on a month-to-month basis. The lease was never renewed, despite my constant urging.
    2. Receipts were never given for rent paid, despite mine and occupants (Charles occupants name) constant requests.
    2b. I asked landlord if I could send checks to his address, he told me no, that he preferred cash given to him in person.
    3. The roof has and always had a leak in it (refer to pictures and video proof), causing mildew and mold build up around outside perimeter of house and interior rooms.
    3b. This caused a health risk to occupants as well as guest, which included children.
    3c. Tenant 1 and I have asthma, the mold and mildew agitated our conditions.
    3d. House was never inspected for leaks in roof by landlord, at my request, in January of 2009, and again in August of 2009.
    3e. Occupant 2 had to be taken to the hospital in August 2009 after getting sick and having respiratory problems; doctors at Memorial Health said it was caused in part to the mold and mildew caused by the leaky roof.
    3f. On two separate occasions I had the house cleaned professionally due to the mold and mildew (see receipts) caused by the leaky roof.
    3g. This is proof of unsafe conditions, which would make the lease null and void 30 days after landlord was requested to fix said leak.
    4. There were several exposed wires (see photo and video proof) throughout the house that were in that condition when I moved in, Landlord said they would be fixed or covered. They never were.
    4b. Several of these exposed wires did not have a mounting bracket to place a cover.
    5. No fire alarm. The fire alarm was absent at move in, the Landlord told me he would replace it, he never did.
    6. The sliding glass rear door had a broken lock, the Landlord told me to use a stick. I asked him to fix it and he said he would, it never was repaired.
    7. Two of the windows in the house did not have locks on them, I asked Landlord on two separate occasions to fix them, he said he would and never did.
    8. According to our lease agreement the Landlord was responsible for Lawn Care and upkeep. In the three years I lived there the Landlord performed lawn care a total of three times. I took care of the lawn when he neglected to do so, with a lawnmower that he conveniently placed at the property.
    8b. On two separate occasions, after my urging, he came to said property to “trim” the bushes. He decimated the landscape in such a way, out of anger, that made the property an eye sore for the local community (see picture and video proof).
    9. In February of 2008 the electric oven malfunctioned (see photo and video proof). I immediately told the landlord and he said he would send someone. Over the past 33 months I, as well as occupants, have asked Landlord to fix the oven on numerous occasions. He never repaired or replaced the oven.
    10. In May of 2009 the electric water heater malfunctioned, I called landlord immediately and informed him. He told me he would send someone, however, based on experience with the oven I asked if my brother BRO (at that time an electrician) could come look at it. I asked that if he could repair it could we take the cost of parts out of the rent. He said no. The occupants and I went three days without hot water, on the evening of the third day I had my brother, BRO, come to the house to repair the water heater. He repaired the water heater at my expense.
    11. In July of 2010 I had an attempted break in, Police were called. I asked the landlord to repair all the spot lights and car port light, all of which were in disrepair, because I was worried about the safety of the occupants and myself. He repaired two out of six lights, one of which the wires are still exposed (refer to photo and video proof).
    12. The gas heater had exposed wires and a broken pipe (refer to photo and video proof) which allowed rain water to accumulate on top of the unit, I asked Landlord to fix exposed wires and pipe as well to inspect the heater to see if it was safe for use. He never did, and I have no experience with gas appliances. I relied on landlord to inspect it so the occupants and I could have heat during winter. Landlord never fixed neither exposed wires nor broken pipe, or inspected or had someone inspect gas heater. No heat in house for two winters, winter 2009 being a record breaking cold one.
    12b. This is also unsafe conditions.
    13. The faucet in the master bathroom was malfunctioning upon move in. Cold water would not run through it, only hot. There was a bucket placed under leaky pipe under sink, however no repairs were made to the faucet.
    14. The faucet in the kitchen was malfunctioning, I asked land lord to look at it. He said he would but never did. It would inadvertently come apart while water was running through it.
    15. On move in one of the side bedrooms was missing the air vent cover (see photo and video proof), the mounting bracket was absent, it was never replaced.

    All of these neglects and more were discussed at one point in time during the duration of lease and month-to-month basis period, by the tenant (ME) or an occupant and the landlord (HIM.) either in person or over the phone. No written notices were given because of these verbal agreements.




    Rent was paid on time, as no late fees were ever charged nor a Landlord Demand Letter ever received. The lease was fulfilled, as no eviction notice was given.

    These neglects are inexcusable, and unacceptable. As a Landlord it was HIS duty to uphold the law and codes of the great state of Georgia, and provide a safe and acceptable place to live. These duties not being performed, and for my own safety and well being, I am forced (constructively evicted) to find a more suitable place to live. My person and possessions as well as all occupants and their possessions have vacated said property on this the 19th day of November 2010, before agreed upon date with landlord, the 1st of December 2010.


    Signed:_________________________________________ Lease Holder Date:___________

    Witness:_________________________________________ Occupant Date:___________

    Witness:_________________________________________ Occupant Date:___________

    Witness:_________________________________________ Occupant Date:___________ "



    I took digital photos of everything as well as HD video, I have receipts for alot of things. Everything was said between us men so I didnt know that I needed to do it in writing. I need help guys. Never been in a courtroom even. He cant prove that I "owe" him anything, however I cant prove that I did pay him, he never gave receipts. HE also owns some kind of construction business, could the IRS get involved? The mold: Its everywhere. Not just in the bathrooms, but on windows, window seals, the outside perimiter and even the air vents!! Now for a good 5-6 months I was sick, calling out of work due to headaches and flu-like symptoms. However I thought it was allergies. My mother came over and said she could smell the mold and mildew, we used one of those Mold test things from Home Depot and it tested positive for mold. Thats when I told the landlord about it and asked if he wanted it in writing, he said no, that his word was good enough. That was in August of 2009 when Tenant 2 also got taken to the hospital and they told her that mold COULD cause her to get sick. When I first moved in I asked him to have someone inspect the roof, because you can see rotten wood under the car port. In August 09 after learning that the mold was dangerous I paid $150 for a company to come and clean the house and they bleached the walls, I had them come again 6 months later (the mold had grown up again). The gas heater: when it rained, water would come down this pipe and pool up on top of the heater, there were lots of exposed wires, and a bent/broken copper pipe. These seemed dangerous to me and I asked him to fix it, once in Nov 08 and again in Oct 09 when it started to get cold. He never did, even though he said he sent someone to fix it. I did not get the gas turned on because of this. I did go and buy some space heaters though. I have lots and lots of pictures of all the things mentioned in this post. I am not really worried about him sueing me for $4000-5000, more so if I have a strong case against him if I should choose to sue him for these inexcusable damages and neglects. I have refrences from my grandfather the judge, a business owner, and a mayor all of whom Ive lived with and paid rent on time.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    didn't bother to read the entire letter but if you can't prove you paid, if the LL sues, he will likely win.

    3e. Occupant 2 had to be taken to the hospital in August 2009 after getting sick and having respiratory problems; doctors at Memorial Health said it was caused in part to the mold and mildew caused by the leaky roof.
    so, the doctors tested the mold and will testify it was of the same variety? Unless they will, all they can do is suggest it was the cause. Not all mold is hazardous.

    and due to that
    3g; no, it isn't.

    It sounds like you might have a counter claim for some repairs but without proof of payment, you are really against a wall.

    8b. you have to be kidding. If it is his property and he accepted responsibility for the yard (usually with a house, the tenant is responsible), he could cut the hedges into statues of naked people if he wanted. It is his property after all. Dang, he could paint stripes in the lawn with Roundup if he wanted.

  3. #3
    Join Date
    Dec 2010
    Posts
    6

    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    8b. No im not kidding. It shows his blatently carelessness and neglect. If you didnt take the time to read it all, Im not going to take your advice. Ok, if I was late paying the rent why is there no late fees? Especially if I was 4-5 months behind.....??? It doesnt add up, he is just trying to get some money out of a young person! I gave him the benefit of the doubt and gave him PLENTY of time to fix things. The roof is a structual thing, support beams that are rotten! Mold and mildew in the ac vents and everywhere!

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    OK, look, I'm not going to read that mess either, because the only thing that is relevant here is whether or not you can PROVE you paid your rent in full and on time.

    Can you? Receipts, canceled checks or bank statements?

    If he takes you to court, that is ALL the court will be concerned with. Your issues with the property are a separate matter entirely, and should have been addressed before now.

  5. #5
    Join Date
    Dec 2010
    Posts
    6

    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    Short answer, no. He asked for cash. I asked for reciepts and so did all my roommates, he said he would give us reciepts then never did. I have one cashiers check stubb, but its from April 2008 and he asked me not to give him those anymore. I honostly paid the rent every month, shouldnt he have to prove that 7 people (me, and 6 roommates) are lying?


    The entire reason I moved is because of the things wrong with the house that he refused to repair. Isnt structual damage and other things that would make the house unlivable considered constructively eviction?

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    Short answer, no. He asked for cash. I asked for reciepts and so did all my roommates, he said he would give us reciepts then never did. I have one cashiers check stubb, but its from April 2008 and he asked me not to give him those anymore.
    Not having receipts or records of any kind boils the whole situation down to "No you didn't/yes I did/nuh-uh/uh-huh!" The court may find in your favor, it may not. Can you show that you made a bank withdrawal in the same amount, around the same time, every month? That might help you.

    I honostly paid the rent every month, shouldnt he have to prove that 7 people (me, and 6 roommates) are lying?
    Is he threatening your roommates as well? Where are they in all of this?


    Isnt structual damage and other things that would make the house unlivable considered constructively eviction?
    Only if you've complained in writing, then attempted "repair and deduct" procedures, then left as a direct result of the unit being uninhabitable. You're going to have a rough go of claiming "uninhabitable", since you stayed for two years.

    You'd do well to go read over here, beginning on page 48.

  7. #7
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    Rent was $1,000 per month? $2,000? And you have no records to show from where you got the rent money? No bank withdrawals? Nothing?

    Are you mad about the hedges being hacked up because money grew on them? Seriously - how can you be talking about $4,000 and have absolutely no paper trail?

  8. #8
    Join Date
    Dec 2010
    Posts
    6

    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    Rent was $1000 monthly. I would cash my pay check, meet up with him, and give him $1000 in cash. I would ask for reciepts and he would say "Yeah yeah next time." Sometimes I had to work late, or was out of town, so he would come by the house and the roommates would give him the cash and ask for a reciept, his reply was always the same. I am mad about the hedges because it made us look trashy in a nice neighborhood, this reflected on my character, also he did it out of anger. As in after "pestering" him for a month or two about the overgrown bushes he would come by, chop them off, and say something to the effect of "Happy now? That will shut you up!" I am a young adult and took his word for everything. I moved out because of the conditions and he wouldnt fix anything. After I told him I was moving (on the 1st of November) he called me on the 4th of November and told us we needed to be out before the 1st of December so he could show the house, fine I said, we'll be out. Then he said that I owned him $4000 from a year ago. I was confused and asked if he had proof, he said he didnt. I asked if he could write it all down and show me a bill or something showing how much I owed, he said he would. On the 19th we moved, on the 20th I meet him at the house, surrenderd all keys, and gave him $1000 for November. On the 27th he called and said that I owed $5000 and to pay up, thus my dilema and letter.

  9. #9
    Join Date
    Sep 2005
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    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    So you have no bank accounts - just a pocket full of cash with which you pay all your bills, whether or not you get receipts. That's unusual in the modern age.

    And a security deposit is not at play?

    Then as I see it your options are to pay what he's asking, talk to him about settlement, or ignore him and see whether he sues you.

    But seriously, " I was confused and asked if he had proof, he said he didnt" - I don't have any confusion over whether I've paid $4,000, even less if I'm paying cash, and my response when people tell me I owe money on a bill isn't "do you have proof" because, again, I know whether or not I've paid that kind of money.

  10. #10
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Gave Him Over 2 Years, Moved Out, He Now Says I Owe

    Quote Quoting gatenant
    View Post
    I am a young adult and took his word for everything.
    You keep mentioning that you're young. Surely you must know by now that your relative youth is irrelevant? I mean, one presumes you learned to count at some point in your schooling, and would thus be quite aware of where four large had wandered off to?

    I'm with Mr. K. Pay up, make arrangements, or wait for him to sue. Personally, if I knew I had paid all of my rent, on time, every single month, I'd blow him off. If he sues, get a lawyer. Be warned, though, you're going to have a hard time getting a lawyer to believe your story. Let this be a lesson learned: DOCUMENT, DOCUMENT, DOCUMENT. Receipts for everything, always.

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