Poverty Is Not an Accident

Poverty Is Not an Accident
Nelson Mandela

Thursday, March 11, 2004

letter to landlord

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Date: Sat, Jul 19, 2003, 12:01am (MST+1)
Subject: "non payment" notice

Found tonight --a Friday night (can't do business, contact manager until Monday) at 11 pm, a 3 day notice of non payment of rent. It was taped, on my front gate, not sealed in an envelope, signed by manager and the property owner. It was not dated.

I seldom use my front gate, as I've explained to mgmt. co., both by telephone and in previous postal correspondence. I try to avoid problematic tenants in this building.

I have no idea when this notice was put there for anybody to read or remove.

Manager has my telephone number, and could have made an appointment to deliver the notice. It could have been mailed, as well.

Parenthetically, there is a bell attached to my gate. I do not reply to knocking, as most knocking sounds (often immediately followed by screaming, but not always) are for Raoul Nieto in Apt. G, next door. People who wish to speak with me can ring the bell.

The following is cut and pasted directly from my online bank history:

Account History Detail
CHECKING xxx
Account History -
07/11/03 CHECK # 2025 $425.00

I spoke by telephone with a customer service rep. tonight. He tells me the check was deposited to some other account, though he doesn't know to whose.

He is emailing me a copy of the transaction. He is also sending a copy by U.S. Postal service.

He doesn't expect either to arrive here by Monday.

I have my check book, with the NCR copy of the check I wrote.

I can print out my account history, which proves I haven't written any other checks for $425.oo in July. (I'm assuming this notice is in regards to the July rent, although, as it isn't dated, I don't know).

IF this check was NOT deposited to the bank account used for this purpose by manager, but was stolen and deposited elsewhere, I can report it to bank.

They will reimburse my account and investigate the thief.

Reimbursement will require approximately 3 business days from the time of my report.

The owner has signed this three day notice of non payment. I am concerned that my reputation as a responsible tenant is now compromised by this. I request that the owner be informed that this was not my mistake. I request a copy of correspondence sent to the owner regarding this matter, so that I may prove I have been a responsible tenant.

Please check your records to verify that my rent check was deposited to the appropriate account.

Contact me when you have information for me, so that I may either take appropriate action with my bank, or receive an apology in writing.

If this notice is in regards to a "late" check, I must remind you that my Social Security Disability Check does not arrive until the 3rd of each month. I cannot access the funds until the 4th of each month.

July 4th fell on a Friday this month. There was no mail delivery on Friday. I placed my rent in the mailbox on Saturday of this month, July 5th. The soonest it would have been received would have been Monday, July 7, 2003.

I explained to manager about this situation when I signed the lease. His only suggestion was that I mail a check, even though I would have insufficient funds to cover it, by the 5th of each month.

I won't do that; I live on a very limited income and can't afford insufficient funds charges to my account.

If my rent was "late" this month, it is only because there were not sufficient business days between the 3rd of July and the time it took for my check to arrive by U.S. Postal service.

I sent the money within a reasonable time, and as quickly as I could. The management office wasn't open on Friday, July 4th, 2003, so there was no way I could have delivered it in person, either.

I think, due to the holiday falling on a Friday, it is reasonable for me to expect that my rent should have been received without penalty.
Manager knew it was a three day weekend.

Of course, I don't know WHY I've received a 3 day notice of nonpayment of rent, especially at such a late date (almost two weeks have passed). The notice is unclear and not dated.

I'm home almost all day, every day. Manager has my phone number. I don't know why I haven't been contacted about this matter sooner. In fact, I spoke by telephone this month with Mary Ann at management co. re: electrical problems. She never mentioned anything about this issue.

I don't have $40.oo for a "late fee," if that is what is being demanded.

Thank you for your time,

Rogi

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