Fair enforcement of lease with all tenants? | Finance Talking Hub

Currently we are struggling due to an emergency debt from my wife when her mother died about a month an a half ago. this has made us short for the rent. We have reached out to all assistance agencies explaining there is eminent eviction. We have reached out to the banks and have done everything possible to try to remedy the situation.

Last month the super who also works as property manager, said he can allow us to do a payment arrangement. Two of the three other tenants were on similar arrangements and have legitimate and provable needs. The third was abusing the ability to pay. Because of the third person in the nine unit complex, we all were told that there would be no more arrangements by the landlord himself. My problem is that in the one instance of our payment arrangement we did pay as promised. We will have the funds to pay this month. Even have the ability to pay next month and we are in the clear.

Their reasoning for refusing us a payment arrangement was because of equal housing. if they let us have arrangements, they have to let all is what he told me. We only need an arrangement for this month. For months we paid in advance and even had a credit built up until times got tough. My wife and I have been working overtime, and I picked up a second job to make ends meet.

The other tenants had several months of payment arrangements granted to them. We were only granted one and had no prior history of late payments, nor any lease complaints/violations. He is also refusing to take a partial payment because it could possibly prevent them from evicting us immediately. Once again stating "fair housing" and stating that the lease is going to enforce our eviction.

We offered to renew, increase the monthly rent, or extend the lease for the exception as it would not grant relief unfairly. it would also re-enforce the lease as originally written, sans exceptions. We offered to pay this month and next month and vacate on the first under the stipulation that we can break the lease. Landlord refused and told us the date he is going to file for unlawful detainer, which is next week. then reminded us it was all our breach of contract and we will end up paying him for the broken lease and all legal fees.

He granted the other tenants several months of payment arrangements. now when we need it, he is threatening breach of contract and unwilling to work with us. All in the name of "fair housing." The same standard lease that the other tenants signed and several exceptions were made for them, without having to prove need for the exception. All they keep telling us is no because of fair housing statute, when they already granted repeated relief to other tenants. All arrangements from all tenants required signing paperwork. We even offered to prove the change in our income to cover any loss, and the answer was the same.

At this point we want to make the situation right, but being denied the same exceptions in the name of fair housing leaves a bad taste in our mouth. We don't want to live here anymore after this treatment and are wondering if this can potentially void the lease? We are not against paying this month and next month and vacating with the stipulation that the lease is null and void. that would prevent us from having a hardship, allow us to move, and keep the landlord from suffering excessive loss. We are that solvent as of next month due to our effort, that any of the agreements we suggested are possible.

Could this void the lease as the landlord made repeated exceptions for other tenants, and is refusing to do so for us?

NO. Your written lease makes no arrangement for missing rent payments. You are in default. Borrow what you need from family or friends and make a repayment plan with them Your landlord is not a charity but in business to make a profit. You expect your landlord to abide by the lease, why should he not expect the same from you

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