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The 11th Hour - and don't want to move!

Posted by Shirley on February 04, 2000 at 12:54:38:

I had written before, and I am upset that we have to move at the end of the month, even thou we had 7 mos left on contract. Here's the situation: our contract states a rent increased $50 to began one year, starting Oct. 99. I sent certified, only our reg. paym't for Oct., minus the $50. We were unable to to move in Oct. because there was no heat, so we moved to a hotel until the heat was fixed, and end up moving in on Nov. 1. I wrote a letter to the landlord attaching a copy of our lease, marking thru the Oct. date and putting the original date of move-in, and explaining in the letter, what I was doing...telling her since we moved in November, that rent increase should not began until November since we had agreed that rent will increase one year after we've been there. I asked her to get back with us if she was not in agreement. She never got back with us. (I sent this letter cerified). The landlord served us with a 3 days noticed, for the add'l $50, plus late charges. We went to court, the judge and everyone else knew our landlord, because she was a former judge. The judge automatically, said we were in default and had altered a contract. . . and asked my husband did he wanted to mediate. My husband already upset, signed a stipulation, stating that we'll pay the landlord. But, because our lawyer and my hushand was intimidated, when they found out she was a former judge, our lawyer convinced my husband that it would be best to settled, or the judge will evict us, so my husband ended up signing this stipulation we'll be out by Feb. We went to court in November. I did not go because I had a doctor appointment. Doesn't the fact that the landlord had a year to notified us if she felt the rent increase shouldn't start in Nov., and also, by me writing a letter and attaching it to the change lease contitute some type of offering to do something, in which I was asking for her authoriztion? Wasn't she obligated in anyway to let us know something, or given us a new lease showing actual move-in? and what about the fact that the judge, the bailitt and everyone knew her?

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