Had Again!

[Virginia]

Prior to our moving to our current abode, we lived in an apartment complex up through May 12 of this year. The reason I am telling you this is those of you who my reside in such complexes, be aware and make sure you get everything and I mean everything, even the smallest things in writing.

We gave them the 90 day notice of our intention to vacate and they computed the final partial month (May) rent and asked that we pay it along with the April rent,..... no problem. We did just that. Now we are in a debate with their "hired guns," over several problems. The main one is that which ever rental agent computed the rent for May did it incorrectly and was off by some $14. 39. The attorney refers to this as a "scrivener's error." Well they accepted the April check (which included the original partial May payment). The rental agent told us not to worry about the $14.39 that it would be taken out of the security deposit and we would receive the balance. ---------- Lies! all lies! What they did was accept the check for the April and May rent, but took the position that since we were, "LATE?" with the May rent (their interpretation is that since the amount was not correct and we did not pay the $14.39 by the 5th of May it became a late payment and they assessed us a $75.00 late fee!


Then on top of that they charged us a 10 day storage fee for a piece of carpet that was left over from a carpet installation in the apartment. Now that is weird. They charge us for storage of something that belongs to them.

Then they said we were late with our September rent payment, that is to say we owed them rent four months after we had moved out. The lawyer puts that off as another "scrivener's error."

My point is simply make sure it is all in writing. Make them write it out, date it and sign it, I mean everything that transpires between you and "them." Guess that holds true for all transactions anymore!

Virginia (heading back to court on this one too!)

Love ya!

[CharLee]

Virginia,

My uncle has a very good saying that addresses this issue. It states, " Get it in writing, and there will be no fighting ".

This also applies to debts, loans and family inheritances.

[Absaroka]

Glad you have a lawyer to do your arguing for you.

There are many businesses that do this sort of thing as a matter of course, assuming that many people will just not want to argue.

I had an employer who used to work for a major airline. Pay day was Thursday. This was before the days of ATMs and similar things. He said that they would find whatever excuse they could find to avoid handing out paychecks till later in the day on Friday. That way they'd collect all the interest on the uncashed paychecks over the weekend.

Zari

[Wendae]

When I was on active duty I put my house up for sale through a realator with a verbal agreement on what I would recieve from the sale. We moved to our next duty station and several months later received a bill from the realator $1200 for closing costs. To make a long story short I lost the house since I didn't have the agreement in writing.
Every time I had to reside off base and rent until quarters became available I lost the security deposit every time. Many of the folks around military bases regularly find ways to screw the service person and that doesn't only apply to housing.

[Bernice]

Virginia,

Was this a rental or a lease? Are they suing you, or are you suing them?

It sounds like you've already spent more on your lawyer than you could ever hope to recover.

If they are suing you, now would be a good time to mention all the code violations, and the black mold that made you sick, and the sexual harassment that made you move out.

My experience in small claims court is 0 for 3, even though I was awarded damages once (they wouldn't enforce the judgment), and in fact, I had to pay manufactured countersuit damages on one case twice because they didn't honor their own written receipt. Most SCC "judges" know less about the law than you do, and if they hear something they don't understand (like "scrivner's error"), they may think you are BSing them.

Maybe it's time to try plan "B". Put on your best maternity outfit (suitably padded), and picket the apartment complex with a sign that says "Raped by landlord".

Well, maybe not. Is there a local TV station interested in landlord abuse of tenants?

But yes, it is always a good idea to put everything in writing. If they won't, then take your business elsewhere.

Hugs,

Bernice