Sunday, December 19, 2010

A Bumpy Bump in the Road

I woke up this morning quite pumped albeit a little bit nervous to start my week. I had left the worst for last. My bedroom. I had barely gotten dressed this morning when the phone rang. Our landlord was on the phone.

Its never good when he calls at eight in the morning.

Let me give you a little background information.  The owners of our house are not living in this country at the moment so they gave power of Attorney to their old neighbor - Mr. K. Unfortunately for Mr. K. he was in a car accident a few years back and his wife told us that he hasn't been quite the same ever since. Unfortunately for us,  we still have to deal with him.

We've been living in this house for about a year and a half. A bit before the one year mark, we tried getting in touch with Mr. K. so we could sign a new lease for the coming year. He never got back to us. We tried and tried and he never got back to us. We didn't even know if he was raising the rent. Eventually, four months later, he finally got back to us and he was all annoyed that we hadn't signed the contract or paid any rent! Well, for good faith, even though we hadn't seen a contract yet, we immediately went down to the bank and deposited money directly to his account for six months. (That time is not up yet!). But we hadn't signed a contract because we needed to make changes.

He threw a fit. He told us that if we wanted to stay in this house, we needed to sign the contract as is. I won't go into all the details, but being that he didn't obey what was in the contract last year, we felt it imperative to change some things to protect ourselves.

We even had contacted the actual owner to tell him what was going on.

This brings us back to this morning. Mr. K. called and told us that since we didn't sign a contract and didn't pay for six months (what?????) we therefore were being evicted as of immediately. And he's coming tomorrow to get the keys.


So here I am, procrastinating. I don't think he can legally kick us out since we're still paid up till the end of the month. But the fear is there. So what do I do now? Do I continue my great flylady routine and clean my room as scheduled? Do I start packing? Do I try to find another house to move into TODAY? Or do I sit on my computer and vent to all you readers looking for sympathy?


  1. I'd speak immediately to the original owner and then to an attorney. I'm not sure where you live, but there are laws regarding eviction. Namely that they have to actually FILE with the courts and that you then have 30 days and that part of that process involves you having an opportunity to go before the judge and share your side (and receipts for monies deposited!).

  2. Wow, that's not good! I agree with Mel, call the owner immediately and explain the situation. And try to find something that proves that you've already paid, that might come in handy soon.

    Also, I don't know in what way the neighbor is crazy or whatever, but you get along with his wife better than I would try to call her as well and see what she has to say.

    I hope everything will be alright! Blessings!

  3. PLEASE tell me you don't live in Ft Collins, CO!!! I had a landlord like that - and yes - everything was blamed on an accident umpteen years ago. While that may have been true - this scuz would take the money, pocket it - refuse to give receipts, refuse to accept checks - cash rent only (However I did use checks and if you have checks - you are home free!), refuse to hand you a bill for utilities (which I finally contacted the utility company about - they were unaware that he was renting out anything - and the amount I HAD paid in the past - covered the landlord's bill)

    Regardless - DO gather together ALL evidence that you have paid for rent and utilities - and present it to your atty - and if you don't have one - talk to a public counsel. This guy might be in his right mind - and just running a very nasty scam on you - with the intent of pocketing any extra above and beyond what is actually owed.

  4. There are laws and procedure to folloow for evictions. Not an announcement "I am coming for the keys." Did you keep a record of the times you called to get information from him? Most leases have a month to month portion after the original lease expires or some clause to the effect of what happens when the original lease expires. Your not having paid the rent after the first year does create some problem I'd guess. If you have paid it in full now then you may be okay on that account. Still not paying rent is never a good idea, even if there is not a "in-force" lease. You agreed to pay rent for a certain amount and should continue to pay that until another agreement is signed.
    My two cents and I was in real estate for 30 years.

  5. Hi all...

    We spoke with a lawyer and a bazillion people who are trying to help us...

    Basically, as ridiculous as this is, he's legally allowed to evict us. But instead of 24 hours, we have 3 weeks. (A bit better!) Now we just have to find a place to live and of course, we have to pack!

    I think I can, I think I can, I think I can!

  6. It's pricey (because it adds hours to the move), but some moving companies will pack for you. Could be useful.

    Sounds like a move could be good for you, because you won't have to deal with this particular landlord anymore. Hope you find something soon!!!

    (found your blog via JFB)