Question:

What coarse of action - Landlord/Tenant dispute?

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I was served with an unlawful detainer a few days ago as to which I filed the answer within the 5 day response time. Today I received a phone call from my landlord asking me if I would meet with him to discuss what was going on. I agreed to meet with him, I informed him that I had most of the money I owed for my rent in the form of a cashiers check and cash. He readily agreed to accept the monies and asked me if I would write him a post dated check for the balance making sure to allow enough time to deposit this money in the bank. I agreed, when I reached the designated meeting place he he verified the money and wrote down the amounts, we both signed the paper agreeing to the dollar amount he then changed his mind about the the post dated check and pulled out a 3 day notice and put it on top of the paper we had just signed. I quickly drew a line through the 3 day notice saying that I did not agree to this page, he then turned in the direction of his wife and wrote on the top of the signed paper (page 2 of 2) trying to make it appear I agreed to this new page. He then ran to a nearby Kinko's and started making copies. I followed him to Kinko's and told the 2 attendants that my landlord, who I pointed out too them was making copies of some papers that he (a) altered and (b) I not agreed to. I got their names and explained to them that I might have to subpoena them into court to testify as to what they witnessed. What legal grounds to I have and what should be my next coarse of action

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3 ANSWERS


  1. Sue Kinko's! ...and move.


  2. Hahahaha!!! Smart landlord.

    He got you to sign the first page proving that the meeting took place and then slapped you with the 3 day notice. You do not have to agree to the 3 day notice, as long as the landlord handed it to you, you have been served.

    Handing it back or claiming to not agree with it does not matter at this point.

    BTw, the Kinko's employees only witnessed your landlord copying papers. They cannot testify that the landlord altered the papers because they did not see it.


  3. He dosnt have to have you sign a 3 day notice to pay or quit.  You did not come up with the full amount in arrears, so he gave you the 3 day.  He has to have a copy for himself, you and the court, so of course he was making copies.  It just means that you have 3 more days to pay him in full the balance of the debt or he will file in court for non payment.

    Smart landlords dont take postdated checks because most of the time the tenant forgets about them and spends the money, then they bounce.  Never give anyone a postdated check.  It can be cashed early (banks dont pay attention to dates) and cause you alot of problems in bounced checks and fees.

    He is doing his job.  He is still trying to work with you, but needs his money just like everyone else.  Pay the man and avoid the court costs. Court costs you would end up paying depends on the court, but can range $100.00 to $400.00 extra on top of what you owe him.

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