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Is it legal for my landlord to scratch out my date on my Notice to Vacate?

Is it legal for my landlord to scratch out my date on my Notice to Vacate?

Postby dureau » Thu Oct 27, 2011 1:05 am

I had been residing in Arkansas for 3 months. I signed a 3 month lease with an apartment complex and the lease stated I was to give a 60 day written notice of vacating. I turned my notice to vacate in on July 1st, my lease ends Sept 1. After vacating Sept 1st with no balance, everything was paid, and my deposit was due back to me, I recieved a letter in the mail stating I owed $340 for failure to turn in my 60 day Notice to Vacate on time. They state it was 17 days late. I handed the paper in to my leasing agent at the main building and signed it right in front of him dated July 1, 2011. I asked to receive a copy of the notice I gave and have discovered my "July 1, 2011" has been scratched out and changed to July 17, 2011. I am FURIOUS!! They are threatening to send me to collections if I cannot pay. I have read according to Ark state law, even if I had given a 30 day notice to vacate on a 3 month lease, they are legally not allowed to pursue any monies from tenant. I know the scratched it out, I have the document copy showing where it was scratched out without my consent. Doesn't this also VOID the notice to vacate? Any input would be greatly appreciated.
dureau
 
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Is it legal for my landlord to scratch out my date on my Notice to Vacate?

Postby boyce » Thu Oct 27, 2011 1:08 am

The law supersedes the lease agreement, assuming what you say is fact. You might want to verify that.

He is just trying to milk you dry. Tell him that he can incur thousand of dollars in legal fees chasing $340 that he is trying to fraudulently obtain if he likes, and wish him luck doing so. Immediately hang up and no longer take his calls.

Edit: Send an email in the future, because it is now accepted by the courts. They can't scratch out that date.
boyce
 
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Is it legal for my landlord to scratch out my date on my Notice to Vacate?

Postby leland » Thu Oct 27, 2011 1:12 am

That is forgery, and illegal.

Hire an Arkansas lawyer. You might be able to get some penalties. There are often rather draconian laws for landlords who break the rules. In any case, it will be hard for you to go to court.

Request your credit report regularly and dispute every collection that shows up on it.
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