Stressed!!!!

I'm so stressed out!!

Yesterday I received a notice from the property management company (Fairfield) that they are terminating my lease and I have to be out by March 28th! I've lived here for six years, pay my rent on time and don't bother anyone. The reason for the termination is because it's been reported that I have been harassing other tenants. What?! I complained four times about my neighbor, who just moved in back in December, and his horribly loud music and management sent him letters. I thought clearly it was a mistake and they meant to send him this notice because his music is harassment according to the lease.

So I call all day yesterday am told it was the property managers decision and I have to speak to her. I leave her a message, no call back. I call today, no one calls me back. My boss calls (who is an atty), they don't call him back. My ex husband goes up to Fairfield demanding answers and the property manager refuses to see him, but through the receptionist denies that she authorized their attorneys to send me this letter. Ex husband calls the attorneys right there. They say yup it was "D" who sent it, her signature is right here. So then she admits she sent it. Then says it was sent because our on site leasing agent has received numerous complaints of me harassing other tenants and that he needs to call and speak to her about it.

Ex calls the leasing agent, she is stumbling on her words and says she has no idea what they are talking about, she has no record of this, yadda yadda yadda. He said clearly she was lying. He told her he wants a phone call back or the attorneys would be contacting her. No call back.

So then I call the owner of Fairfield, who signed the letter, and I get his assistant who I explain the story too. I tell her obviously someone is lying here because I have never harassed anyone. I don't even speak to the neighbors and that jerk of a neighbor knocked on MY door to complain that I complained about him! This guy is like 45 and a dirtbag and *ME*, this little pregnant woman is harassing HIM? So she gives me someone else. That person tells me it was the property manager's decision, I need to speak with her. WTH?! I've been trying to! My attorney has been trying to! So she tells me someone will call me back. No call back.

I'm livid! I think the property manager, who lives on site, the leasing agent who lives on site and this new neighbor all in on this together. He probably made friends with them and went and complained and made up some BS. I think the property manager realizes she screwed up and that's why she won't call anyone back. I cannot believe they can do this to someone! Especially to someone that is almost 8 mos pregnant!!!

So now, my attorney will send a letter tomorrow. If they don't retract the letter they sent me, it will go to court after I'm not out on the 28th. I'm sure I will win since they have no documentation that I have harassed anyone. I'm the one being harassed!

I just don't need this stress! I have been having BH's all day, and some of them hurt, so I know this cannot be good for the baby :(

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It seems like they really have no legal basis for this. Hopefully, it will be resolved soon

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I'm sorry! It sucks that this is happening to you, especially when you're 8 months preggo. Hopefully everything will work out.

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People are seriously crazy. I'm sorry that you have to go through this and I hope it works out in your favor.

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Oh girl.. they are in deep trouble. They can't just quick people out that easily. I hope you have a good attorney.

You are pregnant... looks like a good case of discremination to me!!

Especially if you never received any warning or official letters about people complaining about you, nothing official was done, etc..

Message edited 3/1/2007 8:02:13 PM.

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that's really weird. something fishy is giong on there for sure. try not to stress, it's not good for you or the baby go treat yourself to something good!

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I wouldnt stress out over the March 28th date..If they evict you it will take them a lot longer than that..I would just listen to your boss and concentrate on your pregnancy...Look at your lease and see if "harrassment" is even grounds for eviction...They can send you any letter that they want BUT what they want and what the court will allow are 2 totally different things!!!!

Is this the complex on 347? I live around the block from there....

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I was a property manager for a high end apartment community for years.

Let me tell you, evictions based on "nuisance" complaints are VERY VERY VERY hard to prove. You need affidavits, witness statements and concrete proof of the complaints and proof it's been ongoing and consistent. Some cases i have heard that a property manager and leasing agents need to testify under oath of the complaints, i am sure they are not going to purger themselves.

In my years of property managment like that, i have never successfully evicted someone based on "nuisance" to the community.

I can tell you DO NOT STOP PAYING YOUR RENT! When you do that, they can resend you a notice to quit your lease based on non payment of rent and that is VERY EASY to prove and evict someone.

I don't know the timeline of evictions in NY, since i worked in CT, but in CT it takes about 60 days from the time the notice to quit is served to the property managment company getting the judgement against the resident.

ETA: WHERE YOU EVEN SERVED A NOTICE TO QuiT FROM A NON BIAS PARTY LIKE A MARSHAL?
They cannot send you a letter saying they are going to evict you unless it is signed and stamped and served from a non bias party.

ETA again: When does your lease end? THEY can non renew your LEASE based on nuisance complaints then you have to be out at your lease end, only if that's written into your lease agreement though.

Message edited 3/2/2007 8:53:30 AM.

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They would have to give you a warning letter first before they give you an eviction notice. They have no proof that any sort of letter was delivered to you before the eviction letter. Also, they have no proof that you have harrassed anyone! Hopefully you won't have to move, but maybe now you might actually want to. If I were you, I would definitely play up pregnancy discrimination, the law would be on your side for sure! Maybe you could sue them?

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I'm so sorry! I hope it all works out!

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