| My new landlord says we committed fraud |
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drg
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l got an apartment with 2 of my friends in May 2007, and at the time we were applying for it, the current manager told us it would be better if l only claimed my income and not theirs. l thought it sounded fishy, but we needed the place, so we did as we were told.
The lease expired May 2008, and we went on a month-to-month status, which we planned to stay on rather than signing another lease agreement.
But now the complex is under new management and they started calling all the residents in for a ''recertification.'' l explained the situation in which l moved in (that l was told only to claim my income), and they told me that it was fraud and what we did was illegal. l explained it was my first time renting an apartment and l was doing as the apartment manager told me to.
Nevertheless, they have given all of us 10 days (October 31) to be out of the apartment.
How is this remotely my fault? l had no idea why the old manager asked me to claim only myself. And my 2 roommates were there with me in the office, too, yet they seem to think l am lying and had them move in after l signed the lease, which is still illegal.
Now, we all have 10 days to find a new place (which is almost impossible), and they said this could hurt my chances of getting in anywhere else.
l can not afford a lawyer. But me and my roommates all know what we were told and what happened. Someone help me, what can we do about this? There are 3 witnesses to this, and we do not even know where the old manager is, but she got us involved in all this and now we are out of a place to stay and my record is in jeopardy.
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Star
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OK first of all even though u have ten days to leave the apartment, if u do not leave the management r legally not allowed to remove u from the apartment or make it impossible for u to get in. They legally have to go through the courts to get u evicted & the only people allowed to remove u from the premises r bailiffs on order from the court.
Next go to Citizen Advice Bureau with ur friends & see what they have to say about it. They will be able to tell u legally what u can & can not do & what ur best course of action is to take.
Good luck.
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Clone
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The new management makes absolutely no sense. You have been there for over a year & l assume u have been paying ur rent on time every month. THAT alone qualifies u to be in the unit. Anyway, usually, at least here in California, a landlord needs to give u at least a 30-day notice since u r currently on a month to month agreement. They did not give u a ten day notice in writing did they? l doubt it because there is no such thing. You can send them a letter stating that by LAW they r required to give u a 30-day notice period & until they do start looking for another place. Explain ur situation to ur new landlord.
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Doctor
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If u r having a recertification, then u must have some type of affordable housing. If so, then yes, u r committing fraud. The management company could bring u to court & u would have a hard time resolving the issue. You must have signed a lot of papers where it points out clearly what is fraud. You r responsible for ur own actions. HUD is very clear on the penalties for fraud. Ignorance of the law is no answer.
My guess is the prior management was fired due to illegal practices & the new company is cleaning up shop.
l am sorry that l do not have any better news for you.
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Coach
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It appears that ur new landlord wants u out for no other reason but to increase the rent on the apartment. 10 days notice is unreasonable Do follow the other answerers good advice. Also report this landlord to the ombudsman. Let the landlord know that his request is unreasonable & unlawful.
Stand up for ur rights & do not allow yourself to be bullied by this landlord. Finally, the onus is on him to prove that u r lying about the conditions on which u moved into the property. You have done nothing wrong. If u r in the states there is a free legal website where u can get advice. Sorry l do not know the name but l will do a search & get back to you. l am sure ur record will not be in jeopardy, u paid ur rent & u have not done anything wrong. If anything, give ur parents address as proof of previous residence until this is sorted out, which it will be.
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Kim
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They have to go through the courts to have you evicted in which you would get an eviction notice. By law the have to give you 30 days to vacant the premise and if you paid for the month they can not kick you out. you do not really need a lawyer for small claims court if you do have to sue them
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Lostyo
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Yes, if u understated income to qualify for housing, then u should not have taken legal advice from a landlord. That was a mistake, not a crime.
If u can find that guy, u can have HIM brought up on fraud charges, based upon ur story, & statements of ur witnesses. Do not let the new management bully u with nasty words about ''fraud''. Again, a landlord is not ur attorney & u should not take legal advice from them. They ABSOLUTELY must follow local procedures for proper notice of intent to evict, get a court date for a hearing, where u would show u r a good tenant (if that helps), & only then set a date by which u must move out, if u lose the case.
Unfortunately, if you're not qualified to live there, u will most likely have to leave, thus freeing up the apartment for someone who is more needy.
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