Eviction!!!

[edhallick]

Wow, thanks so much Daisy for taking an interest in this...I can`t tell you how much it means to me, my guts have been in knots ever since this happened and the depression is unreal. I mean it`s bad enough losing ones job then getting into massive debt, and just when I`m starting to climb out of this mess, this prick pulls this sh*t. And at a time where I`m barely getting by.

About those rent checks, I have absolutely no proof whatsoever I sent him those checks as I sent them to him before this all happened. My checks are just plain paper with no carbons, plus I really don`t write my checks in sequence. I use whatever check book is laying around. So I can just see what he is going to do; He is going to go to court and claim non-payment for Nov and Dec. (which is why he said he wants me out by Dec 31st) On the other hand I can show the Judge my bank statement proving I have the money. I think that would be the best proof of all. All year it would show a months worths of expenses, then suddenly I have an extra $2000. Hmmm, where did that come from?

The thing is I really don`t want to move from this apt at ALL because New York city is notoriously expensive right now and it would be impossible for me to find a place I can afford, I would literally be homeless as I really have no relatives who could take me in. Oh yes, and I told my lanlord this when I first confronted him, and do you know what he said? I don`t care! He`s a f--ing punk this guy. He never worked a day in his life, he inherited all these buildings from his father when his father died now all he does is spend his days playing bigshot busting peoples balls. The ONLY reason he wants me out is because he wants the $1600-$1700 he knows he can get for this place rather than the $1000 I pay him, and now he is using any little excuse to throw me out.

I swear, I hope to hell he changes my locks and throws my stuff out into the street because this town is absolutely filled with lawyers who will eat him alive.

[chpxiii]

edhallick,

Could you go to your bank and get picture copies of your checks? Didn't you write the *date* on the check for your rent? I believe that is what FLADaisy is referring to. Go to your bank and see about getting picture copies of the cashed checks. Banks do keep copies of the actual check itself. That would be proof right there of the date as to when you wrote your check for rent and how long your landlord is taking to cash them.

Also, sometimes some banks will allow you to see a copy (picture) of previously written checks online. My bank does this. (Capital One.)

[edhallick]

Oh yes, I definately got copies of those checks prior November, but the checks for November and December he is refusing to cash. I sent those to him and he is not cashing them. Why? Because if he cashed them it would be proof of paying rent. Instead he is going to say he never got them and will file a non-payment claim in court. (I assume this is his tactic) ...Also I am a single guy living alone. Someone told me Judges tend to screw over people like me rather than a family with kids. You know if this is true?

[FreshLikeADaisy]

About those rent checks, I have absolutely no proof whatsoever I sent him those checks as I sent them to him before this all happened. My checks are just plain paper with no carbons, plus I really don`t write my checks in sequence. I use whatever check book is laying around. So I can just see what he is going to do; He is going to go to court and claim non-payment for Nov and Dec. (which is why he said he wants me out by Dec 31st) On the other hand I can show the Judge my bank statement proving I have the money. I think that would be the best proof of all. All year it would show a months worths of expenses, then suddenly I have an extra $2000. Hmmm, where did that come from?

Chpxiii is right; get copies of the entire year's worth of cashed rent checks, and print out this year's bank statements showing the available balance that remained available (also online). If there's more than one account involved, do it for each, the entire year's worth. This is in addition to saving all your registers, even if they're not in perfect order. The judge can add and subtract just fine, and you're not going to be the first financially disorganized soul that ever walked into his courtroom. What you have may be in disarray, but you can, with a little effort, ARRANGE it so that the order is apparent and the intent is clear.

If you have to get the actual paper checks from the bank, it's worth the $2.00 or whatever charge in this case. But do both for the entire year, statements AND check copies, so that it demonstrates to the court that yeah, you pay your rent, yeah, you generally pay it on time, and yeah the money is right where you said it would be. It creates the presumption that you are a tenant who generally pays his rent, even though you can't get copies of uncashed checks or actually give the court video of you putting them in his sorry little hand.

Think of it this way: you are painting a picture for the judge. And this dirty landlord is NOT going to be the very first one he's ever seen that withheld cashing checks in order to create an appearance of non-payment.

Always keep in mind: the more evidence the better. If you get a year's worth (or more, hell! ) and you only needed six months, it is STILL money and effort well spent.

I know you want to go bust his balls -- I would too -- with a magnifying glass and tweezers, but try not to provoke him for the moment, eh? Liars like that tend to create huge dramatic stories for anyone who will listen, in this case the court, and so you actually want to limit any/all contact with him (or action toward him) to that which you can prove or defend if you have to. When you get to court, the judge is going to pull down his britches and spank his wee little hiney, but you don't want to give the judge a handle on YOUR pants, either. Nor do you truly want to spend Christmas sleeping in your cab. So concentrate your energies where they will help you most. Let your anger be your fuel source for sticking with what you have to do to beat this.

Ed, without going into details, I have been where you are, with the world tumbling down all around me and looking at living in the street. It gives me tremendous joy to help you. And if somehow, someway, I make it harder for some scum-sucking SOB who preys on the poor and disadvantaged to continue his evil ways, well, that's just icing on the cake, ain't it?

Keep us posted!!!

[nazstar]

I would send him a certified letter- return receipt requested and ask why he has not cashed your November and December checks. Then send each rent check return receipt from now on.

[FreshLikeADaisy]

I would send him a certified letter- return receipt requested and ask why he has not cashed your November and December checks.

That's not a bad idea, Ed; you could show that to the judge as well to prove that you confronted him with the problem and he failed to take corrective action (i.e. cash the checks). If you do it, keep a copy of the letter along with the receipt from the mailing in a safe place, just like the rest of the stuff you're gathering.

See? It just keeps getting better.

[rilbrianne]

***Another important note... you can go to your bank and request copies of those cashed checks. I advise you do so to show that you dated them in a timely manner... and that he cashed them in an UN-timely manner.

He can't just leave a note telling you to get out by such and such date. He has to go through legal process and MUST give you 30 days. Good luck

You overlooked me... Oh well, at least it was brought up again. In the future, I'm sure you'll use carbon copy checks. Do you still have the money in the bank for those checks that he won't cash? You could show a bank statement that the money is there but that's probably the only proof you might have of it. ?? Don't know what else to tell you but I'm glad the police said what they did. Good luck, keep us updated.

[rilbrianne]

That's not a bad idea, Ed; you could show that to the judge as well to prove that you confronted him with the problem and he failed to take corrective action (i.e. cash the checks). If you do it, keep a copy of the letter along with the receipt from the mailing in a safe place, just like the rest of the stuff you're gathering.

See? It just keeps getting better.

OOOOOH, that's a good one. Throw his dirty Sh*T back at him.

[FreshLikeADaisy]

OOOOOH, that's a good one. Throw his dirty Sh*T back at him.

Indeed.

But you know, I've been thinking about the paying rent in checks. Seems like at this point he'd be better off using a money order or a certified check, because then you have receipts for them (whether that ratb@stard cashes them or not) and the money is gone from the account, so it's clear to a judge you are not profiting from all of this.

Another thought that occurred to me is that Ed might also consider getting a cashier's check for the amount of the uncashed checks for Nov and Dec, place a stop on those, and include the cashier's check with the letter (return receipt requested, of course). This would have the same effect of proving to a judge that you were damn well serious when you tried to pay up, and if landlord doesn't cash the cashier's check, it's no longer on Ed in the same way regular checks are. It would also rip the rug right out from under this jack@ss' attempt to make it look like Ed wasn't paying.

The very cool thing about cashier's checks is that the payee line is typed at the bank and appears on the receipt, so there's no doubt whatsoever that that money is for that person and no longer belongs to the accountholder as of the date it was created.

Here's the way such a letter might read:

---begin letter---

[your name]
[your address]
[your address]

[date]


Mr. Ben Dover, Landlord
Ben Dover Rental and Proctology, Inc.
[Ben's address]
[Ben's address]

Re: Illegal Eviction Procedure and Refusal to Cash Rent Checks

Mr. Dover,

On November __, I [gave/sent] you a check in the amount of $_____, check number ____, drawn on Bank ________ for the purpose of paying the rent for [time period, like "the month of November"]. On December __, I [gave/sent] you a check in the amount of $_____, check number ____, drawn on Bank ________ for the purpose of paying the rent for [time period].

Bank records indicate that you have not cashed either of these checks.

In addition, on December ___, I attempted to contact you by phone in regard to this issue, and again on ___ [whenever you tried calling or speaking with him, describe it here in the same cut and dried language, like "...and when I attempted to speak with you, you hung up on me" (or didn't return the call, or whatever) -- keep it facts-onlyyour signature here]

Ed Hallick

----end letter----

That's what I'm thinking, at least.

I forget exactly what happened and in what order, so forgive any mistakes I made in that regard, but this is the letter I would write if it were me. Return receipt requested (yes, you want delivery confirmation -- that way you get a signature). And if he doesn't sign for it or pick it up, you get it back and resend it, but this time have a friend do a Proof of Service by Mail. You don't have to have sued him yet to use a variation on this form to prove you actually sent what you said you sent.

Your stack of paper (proof) gets bigger all the time, Ed.

[edhallick]

Daisy, THanks so much for that letter, it sounds awesome and should have the bastard quaking in his boots! I`m talking to a lawyer tomorrow and I`ll let you know how that goes.

[FreshLikeADaisy]

Daisy, THanks so much for that letter, it sounds awesome and should have the bastard quaking in his boots! I`m talking to a lawyer tomorrow and I`ll let you know how that goes.

Oh wonderful! Having an attorney will help you a *lot*, and he or she can write a similar letter on his/her letterhead, which is even more effective. I'm so glad!

Good luck!!!!

[emandmeagsmom]

wondering if there have been any updates?

[FreshLikeADaisy]

wondering if there have been any updates?

Yeah, so have I...