Question regarding apartment manager/paying rent

[susan368]

Sorry if this is posted in the wrong forum. I have a question regarding moving out of my apartment. I have gotten wripped off once before by an apartment managing company and they ruined my credit I just don't want it to happen again. Here is my situation. I mailed a certified letter to my apartment manager on 07-31-2007 with my August rent and notice to move out. Post office tried to deliver letter on 08-01 at 5:30 PM. Manager already left office. Post office left note for manager to pick up my letter. Manager never picked up my letter from post office. It is one week later now and manager gave me notice to pay rent in 3 days or move because he never picked up my letter which included my August rent. Of course I will pay it in cash immediately. I called his office and left a message that I want to pay my rent in cash. What am I supposed to do if he doesn’t return my phone call? He is out of the office a lot. I don't want to get evicted because I can't pay the rent if he is out of the office. Any advice is greatly appreciated. By the way the manager wripped me off when I moved in, I paid $700.00 in cash to hold the apartment and he was supposed to deduct it from the security deposit which he never did. I have a receipt for that.

[CleverCynic]

The ideal thing to do would be to file suit and put the cash amount you are willing to pay now in escrow. Judges look favorably on that and you are likely to win, but unfortunately you may have to go through the motions.

What form of payment was in the letter? It makes a difference... if its a check you intend to cancel then you should probably pay the rent you intended to and pursue the security deposit separately.

[awwwgeez]

By the way the manager wripped me off when I moved in, I paid $700.00 in cash to hold the apartment and he was supposed to deduct it from the security deposit which he never did. I have a receipt for that.

Hi Susan, I can't see where the manager ripped you off as you have the receipt.

One thing I would NOT do and that is to pay by cash. When you see him, or an associate, ask for a receipt even though you're paying by check. Receipts can be lost, checks need to be cashed and this will be your proof.

Also, keep your certified mail receipts, particularly the July 31 one in a safe spot as that is a very important one. This one shows that you did, indeed, give a 30 day notice to vacate by September 1.

As for the certified mail not being picked up inspite of the mailman leaving notices, well, pwwwwth on the manager. What, does he think that by ignoring the certified mail, he can say he never received the rent? Probably in his mealy mind "no check in hand means no payment of rent no payment of rent means 3-day notice" That manager could have made time during his day to run to the PO to pick up your certified mail.

I don't know how it is in your state, but in NY after given a 3-days notice does not automatically mean you must move by the third day. On the fourth day, the manager gets his papers in order and files in small claims court. Remember, you still have to go to court. And believe me, I would not miss this date for anything!!!! (plus if you do you will lose by default).

Before you leave your present apartment, take pictures, pictures, pictures! You'll need these if any complaints should be lodged against you. Oh, also take pictures of areas that are not your main living quarters, such as garage, laundry room, front and back door, etc. Also take photos of the inside of your fridge, oven, microwave, etc.

I was a property manager for many years and went to SCC 13 times and won 13 times! I always had everything documented in paper or media. It actually was a fun job!