Abusive apartment manager

I will try to be as complete as possible, which makes it a long story, so bear with me.

I live in a 3-bedroom apartment in Houston TX, which I first moved into in Nov 2004. I signed 2 six month leases, the last of which ended Nov 2005. Since Dec 1, 2005 I am on a month-to-month lease an option provided by the property management. The property management is SENTINEL (I believe they own several such complexes, in Houston and many other places).

My trouble began when I first went to pay the rent for Dec 2005. It was unclear for me what the amount was as my renewal notice claimed it would be $1479, the last lease agreement claimed $1569 per month. I talked to one of the agents in the office (not the manager) and he told me (name is Jordan) that it would be $1479. I wrote a check which he took (I didnt ask/get a receipt). About 5 days later a notice was posted at my door - with my check returned saying that I owe $1724 instead of $1479, and that I must pay it by 9:00 AM in the morning to avoid any late fees (the note arrived at my door around 6:00 PM previous evening). I immediately made out a check for this amount and had delivered it to them by 9:00 Am the next morning. The check was cashed by them as well.

On December 29, I went to the office again - this time specifically asking for clarification on why there is a descrepancy in the amounts mentioned in the renewal notice, the lease, and what the manager asked me to pay and what was the right one. After talking to the agents, (who talked to the assistant manager for me), they agreed that my month-to-month lease rate will be $1479 + $85 for a garage which I am renting as well. Since I overpaid for the previous month, they deducted the difference ($160) from my Jan 2006 rent. I paid this rent ($1404) yesterday - this time with a receipt. However, they seem to be unhappy about this arrangement.

As I return home late last night, I find a notice from the apartment General Manager regarding a "Severe Delinquent Water Bill: FINAL NOTICE". This letter has completely upset me as it is full of false accusations and threats. Some points on the letter and my comments as follows:

a) The letter claimed that many letters have been sent to me regarding my severe delinquent water bill - I have NEVER received any letters, this is the first.

b) The letter claims that I have not made any payment on my water bill since "December 2005". Of course not, the last payment was made on Dec 07, 2005, when the last bill was due. The bill for the next month is prepared around the 20th and then mailed by a company called ISTA. So the latest bill was prepared by ISTA on Dec 20th, mailed on the 21st (post mark, I have the envelope), received by me on Dec 28th. The amount on this bill is $73.36 and the DUE DATE for payment is January 06, 2006. How can I be delinquent on a bill, when the due date is a full 7 days into the future????????

c) The letter claims that my account is $73.36 in arrears. I have my entire payment history from the billing company (all receipts for the payments made), I have never missed one, and the balance with the exception of the amount that is due 7 days from now, is ZERO. Furthermore, I have never been delinquent on any payment in my entire life (verified with all three credit scoring agencies).

d) The letter demands that I make full payment by cashiers check or MO by Jan 05, 2006 or MY RENT WILL be returned. On some persual of the leasing contract, I think returning the rent by the 5th allows them to claim that I have not paid the rent by the 6th - which will allow them to begin eviction proceedings. The lease contract also says that only a 24hr notice is required. This is WHAT has got me scared for mine and my family's safety - as the language in the contract allows them to cut off utilities as well to the apartment if rent is NOT paid by this date. I am also scared for my personal property, belongings and valuables.

e) The letter goes on to claim that I am leaving them no alternative, but to begin legal proceedings and the account will be turned over to collections. But the amount is not even due!!! They have not provided me with any explanation of where the arrears are coming from.

So what are my choices?

1. I need some time, it is impossible to find a place to move in less than 2 weeks. It seems they are bent on finding an excuse - even a spurious one, as I have evidence of above to get rid of me. I am so scared of going home and finding another note claiming something else stuck to the door.

2. This is what I have dome so far - so any guidance is most welcome

- I talked to a realtor about finding a house. A rental would be tough as I suspect these people will work to sabotage my efforts. But she said, even if we are very efficient it will take a month to fully close the deal.

- Contemplated talking to the police, but I am not sure if this is a civil matter (in which case they cant help), or criminal.

- I am paying the money order for $73.36 and also the ISTA bill due on 01/06/2006 for $73.36. I cannot deal with the aggravation of another returned rent.

- Do I need a lawyer? Can I complain to the state attorney general? Again language in the lease claims that I can be evicted if I talk to any government official about the habitat if it is frivolous (which I am guessing will be what they define it to be).

- I feel that I cannot do anything, but putup with the fear, till I can move my family and belongings safely to another location.

- I am giving a move out notice - 60 days (as specified in the previous lease contract which expired in Nov 2005). Quite frankly, if the amount of $1469 is too low, they should never have offered it in the first place, but I am staying month-to-month because of my uncertain future, not because I like the deal.

Any suggestions, welcome.

I would have hoped that by now there will be some advice. In the meanwhile abuse continues. This is looking like EXTORTION (isnt extortion a crime?).

a) Contacted real estate agent immediately after the previous post (12/31/2005) and looked at a few houses. Finally made offer on one, had it inspected and a formal purchase contract has been put in place with the buyer (completed 1/18/2006). I also applied for loan - the mortgage broker looked at everything (she also acts as loan officer, I believe), and the loan process is in progress. However, these things as you all know takes time and cannot be hurried. So the tentative closing date is 2/15/2006. I am so fed up with the apartment manager now, that I am trying to prepone if possible (not sure if I can though). I learned that the mid-point of my credit score was 784 (I seriously value my reputation), which should make the loan process easy.

b) Paid the $73.36 - WHICH I WAS NOT DELINQUENT ON and DID NOT OWE, by money order and let them know the same - on 1/05/2006. This is strictly out of FEAR of the management using it as a ruse to harass and intimidate rather than agreeing with them that I owe this money. THEY ARE WRONG and I consider this extortion.

c) After the contract for new house was agreed upon (between me and the seller), I gave moveout notice on 1/21/2006. The lease stipulated 60 day moveout notice and accordingly I gave notice till 3/21/2006.

d) Today, I receive a notice from the apartment manager saying that I have past due amount of $246.64 and that I must pay it by 01/23/2006 midnight to avoid any late fees. The letter was dated 01/20/2006, even though it was delivered to my door only today. The only explanation offered is that this balance is because of i) month to month fee and ii) other rent.

It is a no-brainer on how this amount was arrived at: I was asked to pay a "delinquent water charge" of $73.36 (by money order). The manager had always contended that my monthly rent is $1724. I went through the elaborate trouble of showing them that their own notice offered me a month-to-month rate of $1479 + $85 (garage). They accepted this on December 29th and also allowed me to deduct the overpaid amount for Dec 2005 rent (see below). Now we are back to square one. How can you PAY SOMEBODY, if they wont tell you how much is owed ????.

Now the math: $1724 - $73.36 (the delinquent water charge) = $1650.64.
$1650.64 - $1404 = $246.64!

So, the money that I was told that was for a "delinquent water bill" was indeed used for other purposes (there is NO OTHER WAY to make this math work). Can they do that ????

And now I am being told that the rent is $1724 (for the month of January 2006) after having accepted that the rent is $1564 in December 29th? Can they change the rent in the middle of the month - for something that is already paid ???

This is not a joke - for someone who values highly his credit history, the manager is threatening a) my reputation - they can damage my credit history, b) my safety and my family's - it is not a pleasant thing when I have to consider eviction, which is a real threat as per the lease language. My son is only 3 years old and this would pose significant hardship, especially when I am trying to close on a house which was brought about by this manager's actions.

An advice on how to tackle this is highly appreciated. I am fed up with having to pony up money that I dont think I owe for fear of hardship and my family's safety. How does one report extortion and to who? I am afraid to start any legal action till I am out of this property - people who will go this far will not hesitate to do more serious things. All they have to do is block me from accessing my mail, car, house etc. and even my plan of moving out would be in serious jeopardy (all mortgage papers are using current address).

Many thanks and hopefully I will have some response.

The apartment management office was closed for the day. Since I couldnt get a witness, to be able to attest that I paid the dues on time, I took a video camera and recorded,

a) A trip to Barnes and Nobles, purchased a New York Times newspaper with the date visible (23 Jan 2006),
b) Made three succesive phone calls, 2 before dropping the check, videotaped dropping the check, one phone call after dropping the check.

The phone calls were made using my cellphone and having three numbers in succession would be unique enough to be pinpointed to the date and time. This should ensure that I complied with the apartment's request of paying before 23 Jan 2006, midnight.

Is my reasoning sound? By reciprocity shouldnt I ask the management for a receipt by 23rd January midnight as well?

Maybe my story is solong and sounds complicated that people are finding hard to respond to. Here are my concise questions.

a) I am NOT disputing the landlord's right to charge whatever he wants, outside of the lease (since I am on month-to-month) - ONLY that he needs to state clearly WHAT THE AMOUNT IS. I have a written note from them saying it will be $1479 + fee for garage. Isnt it fair for me to expect them to honor it as they have not provided anything else in writing to me? Arent they required to give me 30 days written notice?

b) Isnt it deceptive trade practice to accuse me falsely of being delinquent on my water bill, force me to pay, then use the money towards rent?

c) If the rent is being raised, and I dont like it, dont I have the right to terminate the month-to-month agreement by giving 30 days notice - instead of the 60 days as stipulated by the expired lease document (prior to month-to-month)?

d) Is harassment - my perceived life in fear (of eviction and hardship), justified causes to break the month-to-month notice requirement of 60 days and move as soon as I can?

e) Can I complain to the Texas Attorney General about this?

The internet is a great resource.

http://www.oag.state.tx.us/AG_Public...s/tenant.shtml

http://www.law.uh.edu/peopleslawyer/tenant3.html

Hope these help. Good luck.