[idknow]

Ok, there's alot here that you wrote, Gold, and it took me a few hours to grok it.

Originally Posted by goldphoenix

I've never heard of this, Idknow. It's definitely interesting though. I am always willing to learn. Our Father knows I've listened to others who spoke Truth and in learning how they deal with situations in an honorable way have come to see the that things are not at all how government agencies (and other agencies/corps) want us to believe they are.

Then we are in agreement: it's my anointing to learn this stuff and how to esplain it!

Up til now there has been no use of the mail regarding rent. Lately he has been leaving a note on the door in the morning on the date he wants the rent paid asking for me to contact him or asking me to move out in ten days, and if I do not, he says he's taking out eviction papers. He does not knock or state outloud that I owe him money, because if he did I would have heard him. But he has been tacking a note to the door (this month it was on the 7th, others on different dates generally before the 7th).

Technically, according to the act i've shown and basic contract law, his act of leaving a note on any day he wishes to recieve the rent on *IS* an unwarranted and unilateral breakage of contract; it is also a violation of the common law.

Now I don't typically like applying statute to myself, however, there is a statute for this State that says the following: § 42-33. Rent and costs tendered by tenant.

I pseudo-quot scripture to remind you: where Paul writes that ``the law is not written to the righteous but to the sinner'' (something like that) My point is that the landlord-tenant act applies to landlords, not to tenants who are non-corporate, not committing commerce on the property leased. The act is a tool to you to use against the landlord for his non-compliance in obedience to the law.

If,
- in any action brought to recover the possession of demised ((accidently deleted this part)) upon a forfeiture for the nonpayment of rent,

the tenant,
- before judgment given in such action,
pays or tenders the rent due and the costs of the action,
all further proceedings in such action shall cease.

If the plaintiff further prosecutes his action,
- and the defendant pays into court for the use of the plaintiff a sum equal to that which shall be found to be due, and the costs, to the time of such payment, or to the time of a tender and refusal, if one has occurred,

the defendant shall recover from the plaintiff all subsequent costs;

the plaintiff shall be allowed to receive the sum paid into court for his use, and the proceedings shall be stayed.

(4 Geo. II, c. 28, s. 4; 1868-9, c. 156, s. 26; Code, s. 1773; Rev., s. 2007; C.S., s. 2372.)

at ", and the costs of the action" refers to court costs.
What is the source of this act?

Does this mean that he must take a payment offered?
or does it mean that I would have to pay the court if he refuses to take my payment?
or does it suggest he must drop the action if I tender the payment?

It would seem to me that if this is really about the money, he would have to take my payment and drop the eviction proceeding, but I could be way off.

I cant answer with looking at more of what you're quoting. sorry brother. `4 Geo II' is an Act of Parliment during King
George's reign.

It's important to me to do our Father's will, and I understand it is no good to be in debt to another. Now the landlord and I agreed that before I move out I would offer to pay for any damages beyond normal wear and tear since he used my deposit for unpayed rent. He also agreed to allow me to begin paying off the other $175 (half of $350) in bits and chunks if I start paying on the 1st or 3rd of the month again. He is now changing his tune and seems to not want to allow me to catch up.

Idknow, have you used this procedure you're talking about yourself?

To the 1600s demand-procedure, I have but unsucessfully because I was dealing with a "judge" who completely didnt care to learn the Real Law, and, an unknown Superior court aide (lawyer) torpedoed my appeal because the ijit didnt understand at all what I wrote in my appeal and didnt understand what Subject-matter jurisdiction was!!!

When you are talking about the state library, would that be in the capital? where would I find a law library?

by `state library' I refer to the State Repository, usually there are more local repositories but you can find the state govt's library by calling the state's main information number which should be in the blue pages of your
phone book or via Google of course.

The landlord's notice is early anyway, since the lease says i have to pay on the 12th with a 5 day grace period.

Granted, I've fallen behind a month or two, but again,
the deposit was taken in place of one month,
and the other month was fallen behind gradually,
and the landlord continued taking payments despite that.

Now all of a sudden he wants to change the due date,
run water lines to my apartment so that I have to set up my own water account,
and the offers he made regarding recarpeting,
repainting and putting tile down on the bathroom floor have gone out the window.

I azoom your lease states explicitly that the rent is due on the twelf of each month (forget the grace period for the moment)

Now, if he puts a note on the land to you BEFORE the twelf, before the rent is due, then this *IS* a unilateral
change of the contract by him, AKA contract of adhesion, which "courts" hate and you lawfully can ignore the note
because it is premature according to the written/explicit contract that you have with the landlord.

According to all understanding of contract law, which is NOT difficult to understand, one party cannot unilaterally change the contract to the other party's detriment: your landlord cannot especially change the date that the rent is due without allowing you to negotiate or refuse to agree to the change; and a court *must* uphold that you have the right to refuse to the change in terms!

I have a beautiful little lamb of God to look out for (my son) and a wonderful wife to take care of as well.

Wonderful! and "Blessed is the Man who finds a wife!"
oops, I forget the verse regarding children so, also replace wife with children.

So needless to say I'm pretty stressed about this, and feeling like a failure.

Forget and cast out the fear! I think you know better than to allow your faith to be contaminated.

I'm hoping to collect the money together by the 12th and tender payment.
If I'm able to do that, can he refuse the payment if his problem with me is truly nonpayment?

According to your posts above and the common law regarding demand and his shananigans with leaving premature notes on the property, harrassment and perhaps bait-and-switch manipulation to get you to do thing `his way,' I'd say that you can impeach his word and acts in court and show him to be a dishonorable man (gender?) unable to keep his word, vocally or contractually.

I'd begin making plans to move. (my opinion, of course, but I wont stay anywhere where the LL curses himself! and I have moved because of what a LL said to me!)

I have other questions regarding the procedure you're mentioning, idknow, but I will save those for now, if that's okay.

Thank you for sharing, and I'd love to hear what you think of the above, or anything else that comes to mind further.

goldphoenix

That's why we all are here, brother, to help by using what the good Lord has given to each of us.

I'm an elbow, funny bone and neuron!!!

how's that?

Any questions?

p.s. about the deposit being used as rent: that's illegal.