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legal help now!?

Guest MissTheresa

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Hi all,


I have a situation with my landlords and really, really, really need some legal advice/help from an attorney who knows about Ohio tenant/landlord law and all it's sticky ins and outs. I have read a whole lot myself over the last 4 years, but need a lawyer behind me now. I'd rather not go into other details here, but rest assured that I have done nothing to bring about this latest letter I received from the realty office today. PLEASE HELP! I will do mad barter/trade for assistance. I am broke right now, and don't think I can fight them anylonger on my own, as it's not making any difference....



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I wish i could help Miss T. In the UK a landlord cannot kick tou out if you have done nothing wrong...period. Unles thye compansate you with a mutaully better accom (and usually that means an upgrade and financial arrangement).


I would have thought any western democracy would have similar laws.



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There are laws for each state, but this realty company sucks and seems to think they can dance around the law, lie on documents and harrass us. I have had bad, bad landlords before, so am pretty well versed in Ohio laws on tenant issues, but they do not take me seriously or even give me the courtesy of replying to my letters anymore. The only replies they give are untrue anyhow. That is why I felt having an attorney, even to just write a letter on my behalf with their letterhead, might help.


This time, they sent a letter saying rent was overdue (it was sent out on time I am very sure of that but the holiday weekend likely kept them from checking their drop box until yesterday!) and that we owed them, now here's the funny part... $550 in late fees! Rent is $850 mind you. The lease says rent is late on the 2nd that we would owe a $35 fee and an additional $10/day would accrue until it was paid; that should've been $55 by their lease, if it only arrived yesterday as they claim. So, the lady at the office thought it was quite funny to make another big "typo" not once, but three times on one short letter! My boyfriend - I made the mistake of having him call them on this, as I do everything and had given up on further communication with the realty company... well, he said he'd pay the late fee of $55, which blasts my idea to take them to court for harrassment, etc, and break this lease. Frustrating!


This woman, Linda, she sucks, is an understatement, and she does not like me. I got the feeling she is an anti-fur person, cause you all know it was winter when I got this place and I did wear my furs. Can't prove a thing on that and it really makes no difference, but it was something I couldn't help but feel from her at the time. Believe me, at this stage in life, I know when other women are giving me that "you're a bitch" vibe and thinking hateful thoughts. No, she is not a lean or attractive woman... not that I care or mean to say anything disrespectful... just trying to set up the scene properly.


We've had other issues with the lawn maintenance on the property (too long and stupid to go into), and we are walking this tightrope because of her lies and callousness: she lied about a first warning notice regarding tall grass, then sent a second notice... the third means we get a 30 day notice to get out, and they take us to court for the remainder of the balance of the lease. She buggered us quite nicely, I have to say, and the realty company backs her lies up 100%. So, it's a bit sucky and stressful to say the least. Thank goodness my boyfriend finally cut the grass today while I was gone or I'd have to worry about that too, some more. I'm so allergic to grass, it isn't funny.


Thanks for the concern Linda and Touch... something will have to give soon, let's just hope it's in my favor. It's kinda disgusting to me that in all my years working, that I never had a lawyer for a client... at least not one who could practice Ohio law (one years back from out of state). Blah.

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Sorry to hear about it, too!


But, I'm afraid I can only give you ILLEGAL help!


However, I might suggest you check the date your rent check was cashed. They can't claim your rent was overdue if the money was already in the bank. Right?


Now, if "Bitchy-Poo" at the realty office is holding onto your checks you have another method of attack: Send the rent check via Registered/Return-Receipt post. You will get a little green postcard back in the mail that tells when the recipient actually received the letter/parcel.


It only costs a couple of bucks to send a regstred letter. Fed-Ex & DHL, et. al. all have tracked letters too but they are much more expensive.


In the last place I rented (in North Carolina) I made it a point to hand deliver my rent checks in person. I made sure they went into the accountant's hand, personally. I had a couple of late months with them but, because of the personal contact, they never charged me late fees.


If it is, at all, possible, might I suggest you send your rent in early? I know it'd probably be a hardship for you but that would cut "Miss Twitchet" off at the knees, rhetorically speaking. There's no way in Hell she can claim you're late with the rent if you are one month ahead.


Do save all your letters, cancelled checks (or print-outs) and any other correspondence to/from this office. When you do get a lawyer that will take your case you'll need it to show a pattern of behaviour. When your lawyer contacts these people he will likely send a "cease and dissist" letter telling them their transgressions and that they shoud stop doing these things.


Next, if they continue, there is grounds for a suit. He (the lawyer) will ask the court to issue an injunction to stop the harrassment. IF they continue the behavior you could have them over a legal barrell! You can sue them for money damages in the amount of any unrightful overcharges, plus interest, plus court cost... PLUS PUNITIVE DAMAGES!


But the key to all of this is documentation: Keep a notebook with every piece of paper you send to or receive from "Ms. Rottencrotch" and her associates. Write down dates, times and transcripts of all conversations and meetings with she and her cronies.


Because, if and when the time comes, you will, simply plop that notebook into the bailiff's hands and he will give it to the judge... Case Closed!

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T -


I don't know how similar the laws in PA are to Ohio's, but here is what I know about our laws, don't imagine it should be much different from our neighboring state. I haven't studied much civil law, but have studied a bit of criminal.


First off, best thing you could do is get a lawyer, or at least some one who can help you get your shit together to slap this bi'otch in the face.


PA landlord/tenant issues are ALWAYS civil, no exceptions. So sue their butts! You can file the suit at any JP/DJ's office for typically around $50.00. A good point to bring up would be the looks, comments etc. she/they made about your fur and that under the cirrcumstances you no longer feel safe/welcomed living in their property. Tell them you want the lease broken to find a healthier environment for you to live/work considering your career is modeling fur! Sure to give you MAJOR leverage in the case.


Harrasment of course is a criminal issue. In PA, if this is a re-occuring issue with the harrasment (sounds like it is), press charges. You will need to determine whether or not it is just her or the whole company. Show all the letters, any proof of phone calls (messages/caller id), any notes left on your door, etc. to the police. The more the better because that will determine wether or not they are summary, misdemeanor or felony charges. If you can file charges this will give you HELLA brownie points for the civil suit end of all of this.


Hope this helps.



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Hi Miss T!


The first place is to start is here: http://tenant.net/Other_Areas/Ohio/landlord.html - this will give you a good, concise version of Ohio's landlord and tenant law. Hopefully, that may help you address your specific issues.


If you need further legal help, I'd suggest contacting the legal clinic over at (my old alma mater) the University of Dayton's Law School. From what I recall, there isn't a charge for their services. Typically, 3rd year law students help clients under the direction of the UD's law professors.


One fur-related observation... don't wear your furs when meeting with this lady or anyone else regarding your legal issues. It gives the impression that you have more money than you actually do. Look, I'm not taking the clerk's side, but I have been a landlord, and I know that I'd be pretty pissed if a young lady came in to pay rent late (even if a day or two) wearing a fur coat. Remember preception = reality.



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thanks everyone for the effort and advice.


and on the mailing: rent is delivered to a drop box in cincinnati, the realty co is here in dayton, and it must be sent regular mail... and special service would be refused and the check returned. rather like a game, eh? i'm not allowed to deliver it in person, i asked that right off.


i do know about perception, as i get that you're a rich bitch look often... so untrue, but no one needs to know my slave furnished the furs for me, eh? ha! i never balked at their request for an extra month's rent in advance in order to be able to rent this place; so they assume i do have money, and i always pay on time. it really is a petty, personal matter. sadly, i just barely scraped together rent the day that i had to send out the check... which is life for me most times... little bit of money to bit of money to survive on. sucks when your partner doesn't pull their weight, cause there is no way to get ahead.


i refuse to even speak to that woman linda anymore, let alone see her, unless it comes down to it. when my boyfriend talked to her, she told him we could pay the late fee with next month's rent. my problem is the principle of the matter: my rent wasn't late. yes, my bank info online showed the check was cashed on the 5th, tues, when they said they got it; no proof as to who picks up that mail in cincy at the drop box, or when they did it considering a holiday weekend was going on. and no, the post marked date on the envelope means nothing, but they don't share info with us anyhow.


i'll look into the ud law school thing, as i've got documentation abounding. my letters to the realty co as a reply to all this show details, dates, inconsistencies with their story, etc. etc.


after the last bad landlord a few years back, creepy old guy who used to use his own keys to enter illegally and do who knows what with my stuff... i had to research the law myself. trouble is, people still don't take you seriously without that attorney letterhead most times. then, when i used the proper channels before, went to arbitration, etc... things instantly escalated and i was forced to bail in fear, or risk them sicking cops on me for things i don't even do (it's so easy to have what i did for a living be misunderstood, especially by a snoop!). the knowledge of the law didn't really help me much then, or now, so it's easy to be disenchanted. remember, having been a dom makes for sketchy legalities, in that grey area of the law... and no lawyer would help me out before. so, in matters where there might be digging into my past, financial records, etc... i try to steer clear of trouble. very difficult situation.


i've got till april next year... so it's going to be a long winter.

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i've got till april next year... so it's going to be a long winter.

well,you mayte as well breakout those Big Thick Huge Furs of yours Theresa,and Bundle & Bury yourself in'em,since yes,it's lookin to be a REALLY LONG COLD HARD WINTER
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Revenge is a dish best served cold.

Concentrate on the law.

Her due will come to her.

You will have the opportunity to see to that but you must wait.


Keep the letter with the $550 bill. A wrong bill is grounds to get most case ruled against in court....I have won four cases on that. They see the person who does that as sloppy inefficient or trying to extort.


Someone here must be a solicitor surely?

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