kimmi690
02-12-2007, 11:15 AM
I posted 2 months ago for a problem I was having with my landlord. He took our rent and applied it to a non existent security deposit. It is now February, he refused our rent on the 1st, and now is evicting us for non payment of rent to the tune of $1500. We have been served and are filing an answer. He has called us every day since we have been served and has threatened to "hunt us down and get his money", and that my husband needs to be a man and pay him.
We refuse to give him anything until we go to court. Can he continue to harass and threaten us until then? I am alone at home with a 14 month old and I am about to give birth any time. This stress is starting to affect my pregnacy. Do we have any recourse?
Thanks!
Brook
02-12-2007, 07:11 PM
Sorry, but there has to be more to this story. It does not make sense to refuse rent and demand it at the same time. Have your previous checks bounced? Is he demanding payment in cash? What does the lease state about security deposit? Was there a verbal agreement regarding security deposit?
It is not wise on his part to harass you for the rent after filing and you can counter sue for harassment, But you would have to prove that it is harassment.
kimmi690
02-13-2007, 04:37 AM
Thats why we are so shocked...none of our payments have bounced(we pay with bank checks or money orders), we are in disagreement about the security deposit he waived when we first moved in...but we pay our rent on time.
I thought that when served with an eviction notice, we were first supposed to be approched by the landlord for demand of the property then we were supposed to be served. After that, we believed we were able to tell the judge our side of the story with all our paperwork and receipts. This is a daily phone harassment. We do not talk to him, we just let him rant and rave on our answering machine. Do we have recourse? Right now I am afraid of what he may do while my husband is at work. Can we countersue him for the distress this is causing me in my 9th month of pregnancy?
We have every message he has left, the last one was a doozy...I am not sure if he was drunk or he's just not that bright...but these messages are very troubling and scary.
GotSmart
02-13-2007, 06:30 AM
http://www.rentlist.net/LTevict.htm
Link to the current laws.
http://www.hud.gov/local/ga/renting/tenantrights.cfm
This one gives you places to call for specific information.
Keep copies of the answering machine tapes. :D
kimmi690
02-13-2007, 06:35 AM
Thank you for your post!! I have all the codes and such, but I can't find anything about being threatened and harassed. We have all the messages saved as well as a video camera ready and loaded to video the jerk if he comes near us.
I just want to know if I can file a complaint against him, and if we can countersue for damages because of the stressful environment we live in. We would move, but the baby is due any day, and it is too much of a hassle to leave so close to her birth. We are ready to pay the February rent into the court to show that we aren't trying to keep from paying...this guy is a real strange one....
GotSmart
02-13-2007, 06:52 AM
First, check on the second link for legal advice in your area.
Second, contact the police about the harasment.
His conduct is outragious.
kimmi690
02-13-2007, 07:19 AM
Thank you...I checked out the second link...it had a statement that he cannot verbally harass us while we wait to go to court. My husband and I are willing to take a defeat if the judge finds us out of line...but his behavior is just scary, and we just want our due process....I am getting tired of just walking away from people like this man.
I am contacting an attorney today, to see if we can countersue the jerk. We were countersuing him for warranty of habitibility anyway, so we can just tack this one on as well....
If anyone has any other insight, I would be most appreciative!! Thank you again!!!