Landlord trouble... is this legal?
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Topic: Landlord trouble... is this legal?
Posted By: procarbinefreak
Subject: Landlord trouble... is this legal?
Date Posted: 26 June 2007 at 10:49pm
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So those of you who don't know, I recently moved apartments, and with that comes the waiting game for a security deposit check. Well, much to my dismay, my landlord charged me for damages done to the garage. The garage shared by all 5 people living in the house. (3 apartments in the house.) Now, she also charged me for cleaning stuff which we worked our asses off doing... but that's besides the point. the biggest problem that I have is the $200 she charged for the garage. We had nothing to do with what happened to the garage. We don't know what happened to the garage. They're saying that because my car was parked in a specific spot that I'm the one responsible for "hitting" the garage and ripping siding off. First of all, look at my car... there's no damage from what would have happened if I did in fact hit the garage, and I sure as hell haven't fixed up my car at all. Second of all, I parked where I could. We all shared the spots and I just so happened to be in that spot that day. Now, my question to those that have experience in apartments or in legal matters can they charge me for something that happened in a shared area outside of the apartment and have no way of knowing who is responsible? Rambino, I know this isn't your area, but if you know anyone who would know and could help me out on this send their name my way or my question their way. I know it's only $200, $100 for each person, but it's the principle of the matter. Just because we're college kids doesn't mean that you can push us around and take our money no questions asked. Currently the manager, the landlord's daughter, has gotten a call from me and should be expecting one from my father in the next few days, and if push comes to shove, I am willing to talk to either my family's lawyer friend or anyone else I can to slap these people who have pushed me around enough in the face. If they pull any tricks, I'm willing to pull some things out of my sleeve as well... |
Replies:
Posted By: Sammy
Date Posted: 26 June 2007 at 10:51pm
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Was the damage there before you moved in? If not, you and your roomate are probably responsible. |
Posted By: carl_the_sniper
Date Posted: 26 June 2007 at 10:58pm
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Can you prove it besides the lack of damage to your car?
------------- <just say no to unnecessarily sexualized sigs> |
Posted By: High Voltage
Date Posted: 26 June 2007 at 11:07pm
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You work where? I'm sure they'll know someone who can help. Also, apartment complex ftw. I trust the company that owns this property and others will not rip me off like that. ------------- 
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Posted By: SuperXero
Date Posted: 26 June 2007 at 11:25pm
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Innocent till proven guilty! ------------- Tenacious and Versatile |
Posted By: carl_the_sniper
Date Posted: 26 June 2007 at 11:40pm
Doesn't apply in civil cases really. ------------- <just say no to unnecessarily sexualized sigs> |
SuperXero wrote:Posted By: SuperXero
Date Posted: 26 June 2007 at 11:45pm
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I felt I should contribute what I knew about law. ------------- Tenacious and Versatile |
Posted By: Dye Playa
Date Posted: 26 June 2007 at 11:45pm
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your kind of stupid to hire a lawyer for a $200 argument, but your money.
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Posted By: SuperXero
Date Posted: 26 June 2007 at 11:50pm
"I am willing to talk to... my family's lawyer friend" Talking to his family friend who happens to be a lawyer, not hiring one for the case. ------------- Tenacious and Versatile |
Posted By: Dye Playa
Date Posted: 26 June 2007 at 11:53pm
oh sorry. my bad. -------------
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Posted By: *Stealth*
Date Posted: 26 June 2007 at 11:55pm
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Kill said landlord. problem solved. ------------- |
Posted By: campweed
Date Posted: 26 June 2007 at 11:57pm
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Sue her ass. for all she's got.
Then when you lose the case, kill said landlord. Raping's optional. ------------- 
I wish my lawn was mexican so It would maintain itself. |
Posted By: Benjichang
Date Posted: 26 June 2007 at 11:59pm
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Landlords are bastards.
-------------  irc.esper.net #paintball |
Posted By: SuperXero
Date Posted: 27 June 2007 at 12:00am
No it isn't. ------------- Tenacious and Versatile |
Posted By: stick_boy_2002
Date Posted: 27 June 2007 at 12:17am
my dads land lord is pretty cool. then again he rents an old farm house and not an apartment. ------------- 
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Posted By: Rambino
Date Posted: 27 June 2007 at 1:05am
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I'll take a look and let you know what I find out. ------------- [IMG]http://i38.tinypic.com/aag8s8.jpg"> |
Posted By: procarbinefreak
Date Posted: 27 June 2007 at 9:26am
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the thing is, is that the garage is shared by everyone in the house. the only reason they think we did it was because 2 things: 1.) my car was parked closest to the damaged area when they saw it. 2.) We moved out first so they could charge us first. As of right now, I'm refusing to talk to the manager because she is not involved in any of the financial decisions with their "company". I'm waiting for a phone call today to see what's going on.
And to those who say don't waste my money hiring a lawyer... well... I don't really have to hire one to get any advice considering I work with... well lots of good ones [/brown nosing].... and if push comes to shove I wouldn't be suing for just $200 if some of the rumors I've heard about certain procedures are correct. But hopefully that won't be happening. |
Posted By: Nagash1959
Date Posted: 27 June 2007 at 9:50am
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To charge you for the damages they would need to have some for of proof taht your vehicle caused it. Either a witness account, damage to your vehicle etc. Lacking any of that they cannot charge you for the damage. If they do not drop the charge tell them you'll be more then happy to sue them in civil court for false charges. ------------- 98 Custom Cyclone Double E-Trigger Polished Internals Freak kit X-chamber CP Drop w/On/Off |
Posted By: campweed
Date Posted: 27 June 2007 at 10:05am
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She sounds like she's just trying to get money. What's the damage anyway, some busted up drywall? -------------
I wish my lawn was mexican so It would maintain itself. |
Posted By: JohnnyCanuck
Date Posted: 27 June 2007 at 11:05am
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Judge Judy.
------------- Imagine there’s a picture of your favourite thing here. |
Posted By: procarbinefreak
Date Posted: 27 June 2007 at 11:40am
| siding was ripped off and bent up on the side of the garage. hell... it could have been the garbage truck... the alley is tiny. |
Posted By: reclusivetorrid
Date Posted: 27 June 2007 at 12:17pm
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ok 200 bucks to replace some sideing is rediculous...
Get a second opinion, have someone come out and do a free estimate, tell your landlord that you will pay for the repairs if you get a more favorable estimate. It will probably be your word against hers in the court, so you will probably lose. And from now on ALWAYS take digital photos of property damage before you sign the lease. If you were able to show a dated photo of the damage existing before you got to the apartment you would not be in any trouble. Later ------------- 
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Posted By: procarbinefreak
Date Posted: 27 June 2007 at 12:54pm
| pfttt... i'm not paying for anything... i'm waiting to see how it pans out. I signed the lease on the apartment, not on the garage, especially when it's shared by all the other tenants and no parking spots were assigned. |
Posted By: Ticalxx421
Date Posted: 27 June 2007 at 8:57pm
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Yeah man take her ass to judge Judy ITS FREE! until you lose if so happens then you look like an ass on T.v ------------- [IMG]http://i14.tinypic.com/73e0l8j.jpg"> Represent! |
Posted By: Ghost-Rider
Date Posted: 27 June 2007 at 9:06pm
DO IT !!! But if you dont go with Judge Judy you say you know some stuff that could get her? hint that to her and blackmail her a$$ ------------- 
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Posted By: procarbinefreak
Date Posted: 28 June 2007 at 2:17pm
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I'm not thinking court yet... basically, if I can get the $200 back no questions asked, I'll be happy. If that doesn't happen, I have a certain person, who's very nice and awesome and super... who's helping me out by looking at the lease and other paper work.... I just hope he doesn't usually charge me his usual hourly wage, and that a case of mountain dew will do. |
Posted By: JohnnyCanuck
Date Posted: 28 June 2007 at 4:13pm
The burden of proof lies on the landlord - don't pay, and she can sue if she chooses at her cost. ------------- Imagine there’s a picture of your favourite thing here. |
Posted By: Benjichang
Date Posted: 28 June 2007 at 4:35pm
------------- irc.esper.net #paintball |
Posted By: procarbinefreak
Date Posted: 28 June 2007 at 6:11pm
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I'm not at a position to not pay... they took it out of the security deposit check. Basically, they already made me pay for it, if it's even fixed yet, which I'm going to find out tonight. |
Posted By: JohnnyCanuck
Date Posted: 28 June 2007 at 6:34pm
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Security deposit is held until such time as you move out. tenant protection act's exist, although they vary, check it out, she made a mistake by taking that - gl, let us know how it turns out.
------------- Imagine there’s a picture of your favourite thing here. |
Posted By: procarbinefreak
Date Posted: 29 June 2007 at 12:40am
| Things are looked over... I have a few things to do before I make phone calls, but if they don't give back the $200, I'll basically be going to small claims court for a lot more. |
Posted By: Lightningbolt
Date Posted: 29 June 2007 at 7:33am
| small claims court. nobody wins |
Posted By: procarbinefreak
Date Posted: 29 June 2007 at 5:47pm
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update... the stupid landlord is trying to skate around the issue now, and talked on and on about how the neighbors garbage cans were in the way of the garage.
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