Tabatha, my problem

I am going through something odd right now. I've been in the position of owing money to someone before, and I've been owed money before, but I've never had a situation like this. I'll start from the beginning... I'll let you read the letter that I wrote to the Police Department after I filed a formal complaint. Background, I am a landlord to two historic buildings which were converted to apartments about fifty years ago. They are beautiful old buildings, always in need of something to be repaired, but mostly I enjoy being a landlord. Every once in a while there is a problem of a tenant, but I've never experienced anything like this before.

Dear Mr. Thompson,
I am sorry that it has taken me the extra day to get back to you. I'm often swamped with life. I'll try to get all the details to you.

My apartment at Address Here, Number 2 became available in the middle of January. I ran an ad in the Valley News and received many responses. I have a tenant in Apartment 5 of a different address. She has been a wonderful tenant. She told me of her cousin, who just started a job at Dartmouth's Optical department, who was a single mother that needed to move closer to her new job. She described a young woman who had worked at Walmart's Optical in Claremont for two years. She often babysat her cousin's daughter, and I knew her somewhat (the baby girl).

I felt comfortable with the situation of renting to Tenant One's cousin Tabby. Tabby and I scheduled a look at the apartment for January 23 which was a Wednesday. She was late and Tenant One stayed at the apartment and cleaned for a while because I had to leave. I asked Tenant One to show the apartment to Tabby and collect the deposit and first month's rent. I told her that when she had that in hand, she could give the key to Tabby so that Tabby could move in at her convience (I understand that a working mother has limited time to devote to these types of things). I was going to return to New Hampshire on February 9 and collect signatures on leases and such when I returned, feeling comfortable that the rent and deposit in hand would give us both a leg to stand on.

When I returned on February 12 (weather kept planes from landing, we flew all over trying to get home), I called Tabby. She told me that her boyfriend was out of jail (she had warned me that he was incarcerated, but would get out shortly. She told me that the charges were domestic related and that he was completely incapacated as he was in total kidney failure, that he was unable to work, but would stay home and take care of their little girl while she worked.) She told me that Zach was living there and that there was a problem with the check she had written and given to Tenant One. I collected the check from Tenant One before calling at Tabby's apartment.

Tabby said that the deposit and the first month's rent were a gift from her best friend, and that they put her as a signator on their account so that she could get into the apartment. But, she had discovered in the time that I was gone that the check was from the wrong account, maybe. She asked that I bring the check and that she would give me the cash that evening. She wasn't home, but Zachary told me that she was going to meet me the next day. What I told him was that I needed to get the check covered, and he seemed to think that there was no check. I asked Tabby and she hinted that Zach was a responsible guy, but he tended to spend money if he had it on him, so she felt most comfortable if she gave the money personally. I still had no signed lease at this point. I left the lease with Zach.

I stopped by on Wednesday February13 and Tabby wasn't there again. I left her a handwritten note that said that I needed to be paid by 10 AM on the 14th or I was going to have to have her evicted. At that point, I had a check that she asked me not to cash, but I had nothing to cover the deposit. They had lived in the apartment for two and a half weeks and I had no signed lease.

I left Tabby many messages on February 14 and she failed to call me back. At ten PM she called from the car in Claremont. She told me that she would pay me tomorrow, I was supposed to call her at work 555-5555 in the morning. Zach was in the car with her and he was drunk. He was yelling at me, calling me threatening names, really mad at me. He told me that they were going to move because a registered sex offender lived in the building (I told them that before they moved in, Tenant Three who then lived in apartment 3 and currently lives in apartment 1) Tabby assured me that he was fine, but he was starting dialysis tomorrow and that he was going to be unable to drink again and so he wanted to have one last drunk. She also told me that it was her birthday.

This is what I wrote in my journal about Friday February 15th.
Went to meet Tabby at pro-optical to pick up money. She said she didn't have it, her wallet was at home. Zach was at ER all night. Could I come to get the money in the evening?
Waited at apartment from 7:05 until 8:30. Spoke w/ Tabby at 7:15. She was locked out at work and the alarm was off. At 8:00, she had alarm off was waiting for Ben. 8:30 Tabby shows up. Wallet still not in car or apartment. We went ot Friend's house on Church Street. Friend just left to bring boyfriend to job in Claremont. I went home at 10:00 with no money.

She asked me to come the next day at work to get the money. Februry 16. She called me in the morning to tell me that she had the money in her car. Her lunch was at 12:30, could I go get it. Waited from 12:30 until 3:05. Tabby called me at 8:59am, 9:30am, 11:31am, 12:44am, 1:05am, 1:10am, 1:39pm, 1:49pm, and 4:20pm. For the 4:20 call she asked me to meet her at the Irving off Interstate (near where I live). I drove there and waited until 5. She never showed up. I had to go to the apartments at Address at 7 for a reason unrelated, no one was home.

February 17
10:30 went to the apartments, Tabby was not home, no car.
Sunday evening. I went to apartment and Zach invited me in. Tabby was there and they told me that she had lied to me every time she had spoken to me since I returned from Louisiana. Her friends had allowed her to write the check, but then they told her that they closed the account. She was really sorry, she honestly thought that they were going to help her with moving in. I could have evicted them at that moment, but Zach was starting dialysis on Tuesday (he looked very, very ill). I know that Tabby gets paid on Thursday and I asked if they would pay me from last weeks' check. They explained that their money had gone to car repair, that there was none left.

They agreed to give me 200 per week toward the current rent and that they would pay off the check (deposit and February's rent) when Zach's disability check came on Friday. I agreed.

I left town that evening immediately after leaving thier apartment to go to Ithaca, NY to help a friend out. I came home on February 21... On February 22 I stopped by their apartment, Zach gave me 200$ in cash. I called on February 28, Zach assured me that they had the money, but were out of the apartment when I stopped by. I wrote a letter and an eviction notice and stopped by on March 3. The first attachment is the letter. Zach was home. We discussed what happened so far. He showed me a signed lease, but he wanted a copy of it so I told him to give it to me when he got a copy of it made or that I would bring one with me next time so that we could both have a signed copy. He gave me 120$ cash.

March 6 was the next Friday. I have not written anything down in my journal for that day. I have written Zach a list of what he paid me toward March's rent, but I didn't put it in my journal.

March 13 was the next Thursday. On Friday Zach gave me 220$. We discussed the fees that I had listed in the letter that I sent. I told him that while most of March was covered, April was fast approching and how were they going to get caught up when they were now more behind than before. Zach was very agitated and annoyed about this. He continued to tell me that there was a disability check which was routed the wrong way. He told me that they were going to apply for fuel assistance. (when people apply for fuel assistance, I generally receive a voucher from the city and I sign it and then a check is drawn. I have not received a voucher for them, so I know that they have either not applied or not been approved.) He assured me that the money on the bad check would be covered.

I have not heard from them again except in the form of Instant Message. Those were brief and I will forward them to you later. I am not on the computer where I received them... they are only retrievable there. On April 1, 2008 with two weeks of not receiving any more money, I deposited the check that I had received in February. It was returned on April 4. Also, on April 4 Tabby IMed me that their hot water wasn't working in the bathroom and that they were going to pay me nothing until I fixed it. I told her thank you and that I would let them know.

I posted a notice to vacate on Saturday April 5th. I also attached another letter. I heard nothing and on Monday I went to the Court to file papers to civil court for the bad check. They told me to go to the Police where I received the check and I could file criminal charges. I did so.

Thank you,
Please let me know if there is anything else you need.

Janet Johnson

As you can see, I am the most guilty party here. I let her lead me around like it was her building.

I have requested the report from the Police Department, and will post that here when I receive it. The charges were dropped, even though the check was pulled off of a bad account because I allowed her to start paying me back. Had I refused a partial payment, she would have been charged with felony check fraud, or the police department would have made her pay me in full. So, again, my fault.

I went back to the original court and posted a formal eviction and civil suit for the amount owed in back rent. We have a court date on May 28, Tomorrow. In the meantime, I received an instant message from Tabby regarding my showing the apartment.

I have posted another ad on the local paper, Valley News. I had appointments to show the apartment and she refused to allow me to show it. Here is the Instant Message exchange.


This particular chain of correspondence began on May 25,2008 in response to a notice that I left on three apartment doors that I would be showing the apartments which will soon be vacated..

Tabby (5/26/2008 5:06:09 AM): i contacted a lawyer and they said that until we go to court and have our hearing that we have the right to say that no one can come in to look at the apartment... and we dont want anyone in here... also the lawyer said that if u just let urself in then we can call the police... and we will have the alarm set up... maybe if we can have set times and days that would work for us as well we can talk but to say that from 11-6 u can be here netime is very disturbing to our day and cuts into our rights
me (5/26/2008 5:21:18 AM): Tabby, I have appointments to show the apartment at 11 tomorrow. I will only show it between 11 and 12 if that is OK with you.
me (5/26/2008 5:49:57 AM): I have read through all of my landlord tenant law and I only find that I must give you twenty four hours notice to enter the apartment.
me (5/26/2008 5:50:51 AM): Tabby, if you think that by refusing to allow me to show the apartment, I will somehow allow you to stay, you are mistaken
me (5/26/2008 5:51:01 AM): We are so at odds. You and I
me (5/26/2008 5:51:22 AM): You have not told me any truth since we met
me (5/26/2008 5:51:41 AM): I don't for one second believe you that you contacted an attorney
me (5/26/2008 5:52:11 AM): I will have you evicted this week in court
me (5/26/2008 5:52:21 AM): and I am suing you for the unpaid rent
me (5/26/2008 5:53:22 AM): You have been nothing but a pain in my ass since I met you. You lie and you steal from me every day. Every time you turn on a light,you are stealling from me. Every time you take a shower, you are stealing from me.
me (5/26/2008 5:54:37 AM): You have caused me so much stress that I have trouble sleeping. When you, as a topic, come up in my house... it makes my stomach hurt. There is no circumstance in which I will allow you to continue to stay in the apartment.
me (5/26/2008 5:55:16 AM): It is mearly a formality, going to court
me (5/26/2008 5:55:58 AM): You have put it off as long as possible, but time is up. The court will force you to move. It is only because I am honorable that you even have this opportunity
me (5/26/2008 5:56:33 AM): I should have evicted you when I found that your check was bad.
me (5/26/2008 6:01:31 AM): I had sympathy for you and your situation, Also, you have an odd charisma. I wanted to help you. But, you punished me for wanting to help. You gave me just enough money to stay in the apartment. I've no doubt that you and Zach will find another landlord to take advantage of. I have no doubt that you will continue to lie and cheat and steal until you end up in jail. You use Zach's medical condition and your daughter to justify lying and stealing, but it doesn't change that what you are doing is lying and stealing. I don't know how you justify this in your head, I guess you have some way of thinking that all of this is OK. I assume that you somehow feel like it is your right to continue to screw me over and over again. At some point you have decided that your responsiblities to your family
me (5/26/2008 6:03:28 AM): make it ok to use others, without thought to what your actions do to them. You use the law to continue to abuse others. I would be insane to continue our tenious relationship as landlord and tenant.
me (5/26/2008 6:06:47 AM): continue to lie to people about attempting to get in touch with me if you like. I know that you have not called me . I know that you have not attempted to call me. I know that you have not tried to pay rent. I know that you have no intention of paying me. No intention of leaving unless the police force you. I am allowing you to bully me because the law is on your side in this.But, I have the right to show the apartment. I gave you notice.
Tabby (5/26/2008 10:03:05 AM): i have no intentions to try and work things out. i dont want to live here in this apartment. u r a slumlord that does not care how the apartments are taken care of. i should have trusted my instinct and never moved in here in the first place. the minute i saw the place was trashed i should have known that u were a slum lord and things would never be done. you can say all u want about me. as far as the bad check goes i was paying that off and i have all my proof and cant wait to see u in court. and u did not give me a 24 hour notice u left a note that never specified the date and time and even these ims are not 24 hours notice so i will call the police. i have a right. and dont believe that i called a lawyer is called free legal advice... would u like their number u can check for urself...
Tabby (5/26/2008 10:03:18 AM): and dont ever bring my daughter into something...
Tabby (5/26/2008 10:13:37 AM): i will also being show these ims to the court i dont think that its approiate u talk about me the way u do and u even admit it about my name being brought up in ur house. and i am suing as well for the 5 hour clean up that i had to give the apartment when it was suppossed to be all clean to move into
me (5/26/2008 2:43:43 PM): I have an appointment to show the house at 5 PM tomorrow. Please , bring these IMs to court. Of course, your name is brought up in my house. I went 4000 dollars in arrears over the bad check, the unpaid rent, and the court costs. My husband and I discuss money and the apartments on a daily basis. Your name comes up because you are unfinished business.
me (5/26/2008 2:45:39 PM): I have not brought your daughter into anything. You use your responsibilities to justify stealing from me. I think your daughter is a joy, totally cute and smart to boot.
me (5/26/2008 2:48:03 PM): I am not a slumlord. I rent apartments for lower rent. I take care of them the best I can on what money they make. When you complained about the tub water temperature not working properly. I sent Joe over to take a look at it. That was the next day. When he couldn't fix it, I called a plumber the day after that, and he came on Monday (you told me of the complaint via IM on a Friday evening or a Saturday morning). Zach refused to let me into the apartment
me (5/26/2008 2:48:42 PM): Because of your nonpayment of rent, I've had trouble getting Irving to come and fill the heating oil, but I've stayed on top of it as best I can.
me (5/26/2008 2:50:15 PM): The apartment building is up to code in every way. My insurance company and the city both keep a close eye on the building as it is over 150 years old. I told you the age of the building when you moved in. I've not hidden things from you, nor have I broken any law.
me (5/26/2008 2:50:53 PM): I am not a perfect landlord, but in order to be that I'd need to tear down and rebuild the apartment building. It is a historic building and I am not allowed to do that.
me (5/26/2008 2:51:48 PM): Besides, I like the building the way that it is. It is in serious need of a paint job, but other than that. I really do like the building. I wouldn't have bought it otherwise. You should not have moved into it if you didn't like it.
me (5/26/2008 2:55:02 PM): And as to whether I believe you about calling an attorney, I don't. You've told me nothing that was true so far. You can get as defensive as you like, but you DID write me a bad check on a closed account. You did ask me to go to your work three different times when you KNEW that you did not have the money to pay me in hand. You implied that Zach couldn't be trusted with money so that I wouldn't just get you to leave the money with him. You had me drive you to a friends house when you knew that they weren't going to give you the money. You got me to wait for you for over three hours and you knew that you didn't have the money. You told me that you would pay me as soon as " " came in (fill in Zach's back money from when he was in jail, the next paycheck, the money from your relative, your
me (5/26/2008 2:55:17 PM): your bonus check, the money from the IRS, the money from the state)
me (5/26/2008 2:55:46 PM): You lied to the police when you told them that you applied for assistance from the city. They check with me first thing when a tenant does, and they never did that.
me (5/26/2008 2:56:12 PM): You say that you were paying me off on the bad check. You gave me only 800 so far.
me (5/26/2008 2:56:35 PM): The check was for over 1000 and it has been over four months since the check was written
me (5/26/2008 2:56:43 PM): and NO RENT has been paid in that time
me (5/26/2008 2:57:13 PM): So, tell me, Tabby, why I shouldn't have the right to rent my apartment to someone else.
me (5/26/2008 2:57:53 PM): and If you feel like calling names, like slumlord, go ahead. Sticks and stones.
me (5/26/2008 2:58:01 PM): But, I've tried.
me (5/26/2008 2:58:24 PM): I even only filed suit against you rather than you and Zach in order to keep his name out of it given his legal problems and health problems
me (5/26/2008 3:03:37 PM): I've not called the police nor DSS about your pot use in the apartment, and I could have. I saw weed in there, and you told me about your pot use but honestly, I don't care about pot use, I think it should be as legal as alcohol.
me (5/26/2008 3:04:23 PM): So, Tabby, you can be as mad about me as you like. But, I've stolen nothing from you. I've taken nothing from you. I've broken none of our agreements with you.
me (5/26/2008 3:04:36 PM): I've tried over and over and over again to work with you
me (5/26/2008 3:04:47 PM): I've done everything by the book/.
me (5/26/2008 3:05:14 PM): And you lie to me and to your cousin about me.
me (5/26/2008 3:06:27 PM): IF I want to discuss you and my apartment with my husband, it is fine, it is legal, and it is just.
me (5/26/2008 3:06:53 PM): If I want to write a short story about my interactions with you and publish it on my blog, that is also my own business.
me (5/26/2008 3:07:37 PM): Please sue me about the state of the apartment when you moved in.
me (5/26/2008 3:08:10 PM): Please bring everything we have signed together to the court date.
me (5/26/2008 3:08:28 PM): Please move the heck out of my building. and pay me what you owe me.
me (5/26/2008 3:09:53 PM): And if you don't allow me to show the apartment, I will attempt to collect any rent I would have received from a new tenant had the apartment been rented.
me (5/26/2008 3:10:08 PM): This is more than 24 hours notice.

As you can see, still, I am allowing myself to take this personally. Hopefully, it will be over soon.

Janet Johnson