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Landlord Rant

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AmberGretchen

Ideal_Rock
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Jan 6, 2005
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OK, so some of you may have seen my post in the "moving" thread a while ago, but I really had to get this off my chest as the situation continues and the anxiety mounts, which in turn delays bf from getting the ring and proposing (and me from wanting to be proposed to while dealing with these people).

So, we moved into our old apartment (our very first one together!) at the beginning of July. We had numerous small problems (oven didn''t work, garage door didn''t lock), that landlords were very slow to resolve but eventually fixed. Then, as it starts to get cold outside, (late November), we discover that our heat doesn''t work. To make a long story short, even though we told the landlords it wasn''t working and they were legally required to fix it, they didn''t, and they wouldn''t give us a date that they would fix it by, even though we eventually called the department of building inspection and had them cited. Their reasoning for this delay was that "it was the holidays" (the beginning of December is NOT the holidays), and that they "didn''t think it was urgent" (besides it being super-illegal to not provide tenants with heat, it was making my asthma worse, which we told them multiple times
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).

Eventually, it got so bad that we had to move out, although they did fix the heat (as far as we know) after we moved out. Now, we are waiting on the return of our security deposit, which was legally due by yesterday. I called them and they said they mailed it yesterday and that therefore it was postmarked by the deadline (they seem to have conveniently forgotten that things don''t get postmarked on Sunday, also, that the law in CA says "returned within 21 days," there is nothing about postmarking). Additionally, they withheld money from it but wouldn''t tell us on the phone how much or for what. Now, legally, they can''t withhold anything for damage, because the apartment was in better shape when we left than when we moved in, and from a legal standpoint, we did everything they asked us to do in writing before moving out. However, we didn''t pay any rent for the portion of January that we had to stay there before we could find a new place, because we had already paid full rent for November and December with no heat
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!! We have talked to a lawyer who specializes in SF tenant law, and she said we are totally in the right and will win if we have to go to court, but it is all just so stressful and I desperately want it all to be over. n the other hand, we can''t just leave them the money, because its almost $3000!!

So in the meantime, I just keep stressing, and the engagement just keeps getting pushed to the back burner to deal with this (and with being insanely busy - we see each other one hour a day when we are both awake if we are lucky
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). Sorry about the long post, this has just been a really horrible experience of finding out how mean and evil and petty people really are...

Thanks for reading, and if anyone has had similar issues/situations I would love to hear about them.
 

teebee

Brilliant_Rock
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Oh man.... big hugs AmberGretchen ~ I can soooooooooooooooooo feel your pain!! Along with some awful neighbors, I''ve had some real doozies for landlords as well... Although I never did have to go without heat, that''s just criminal!!! And to blame it on the holidays?!?! WTF?!?! So the world stops turning from late November until the 1st of January??!?!?! At least your state laws require the security deposit to be returned within 21 days ~ Oklahoma law requires it be returned within 60 days ~ when you''re broke and having to come up w/ security deposit along w/ 1st & last month''s rent on a new place that 60 days can be the longest 2 months of your life!!

On one of my first apartments, when I didn''t have much of a credit or rental history, my parents had to cosign the lease... Well, then my parents moved and my stepdad misplaced his copy of the lease by putting it in the wrong box or something. So, he had me ask the landlord for an additional copy for his files (we signed 5 leases ~ so the landlord should have had 3 originals left). Anyhow, I come home one day to find a copy ~ not original ~ shoved under my door. Well, I start looking at it... and the dates don''t add up... The jerkface had CHANGED the lease to say that I''d signed a 12 month lease instead of the 6 month lease I had actually signed. Of course, I still had my orignal copy (just didn''t want to have to pay money for a copy when I could just get one from landlord). But the dingdong landlord just assumed we didn''t have any copies of the lease and I guess he thought we were just too stupid to remember we hadn''t signed on for a year... And I guess the thought of significantly altering the terms a legally binding contract was just no big deal?!?! That was just the tip of the iceberg on that guy ~ too bad because it was such a great apartment & location...

Oh.... let''s see... there''s also the property management group that said they would fix the water damage caused by a leak... I kept calling and calling... Finally they got around to it when I was about to sign a new lease. I signed the renewal, they sent some idiot over to repair the walls but he never put any dropcloth down so while my walls were fixed (sorta ~ he used white touch up paint on obviously off-white walls...) the the carpet was ruined and matted with wall texture... which they said they''d have fixed... But they didn''t... until it was time to renew my lease again they offered to send someone out... I said no thanks and moved out... Aaaargh!!!
 

goldengirl

Brilliant_Rock
Joined
Aug 20, 2004
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Oh man, what awful landlords! While I have suffered lousy roommates and lousy neighbors, I''ve luckily never had to deal with a lousy landlord. I lived in a POS apartment where the AC went out like, every other week in summer (in Phoenix!) but they did their best to get it back up and running ASAP, and I appreciated that.

I hope you get your deposit back soon, Amber!
 

AmberGretchen

Ideal_Rock
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Jan 6, 2005
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Thanks Teebee and Goldengirl - getting that understanding really helps. Still nothing in the mail from the jerks, but bf and I did talk about the ring after our brief looking visit on Saturday, and we came up with the perfect in-between solution for indecisive me:

He is going to get the .86 ct E VS2 diamond we originally picked out (its so pretty - we have looked at dozens of stones in person and so far none have been nearly this nice) set in a plain solitaire setting. This will allow the getting and presentation of it to be a surprise (which he wanted), and it will allow me to wear it around for a few weeks to determine if I am OK with a high setting and how I feel about the size. Depending on what I decide then, in the meantime, our jeweler will be looking for nice stones that are a bit larger as well as settings with pear sides where the diamonds wouldn''t stick up, as well as delicate shared-prong settings a la Teebee''s ring. So this way at least I feel like things are moving forward, and I can take my time with a final decision and see if I really can wear a high-set ring from day to day. So thats at least a bit of sunshine in the whole mess.

Bf has also been great about relieving my anxiety about the whole landlord mess - he is very calm about it and just talks it through with me, and helps remind me to focus on the things I can control and not worry so much about the things I can''t.

I still think these landlords are horrible people though, which I am trying to let go of, but I think I''m not quite there yet
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mostlywatching

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Jul 22, 2004
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Wait, Amber, did you post this on the craigslist forums? I read those too, and as I started reading this thread it sounded eerily familiar. How funny to run across you twice in one day.

Anyway, my sympathies about the landlord bit. And knowing it stresses your engagement plans too makes it even worse. Ugh.
 

ky6

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Feb 4, 2005
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Good Lord! I thought my last landlord was bad- he never fixed anything. But it sounds like you are really dealing with a bad one. I hope you get your check soon. If not, you may start with a demand letter from your lawyer (much cheaper than paying her to file suit). Often, just the threat of legal action works. I am so sorry you are going through this. It is wonderful how understanding your bf has been.

Teebee- In OK they only have 30 days under the Residential Landlord and Tenant Act to return your deposit. Any length of time sucks though when you need that money to establish a new residence. Last October, I bought a house and moved out of my apartment. My deposit was only a few hundred dollars, but it would have definitely helped to defray some costs. My landlord never returned it, or even a letter accounting deductions. I was just going to let it go, but now after reading this, I think I am going to call him and politely ask if it had been lost in the mail.
 

ky6

Shiny_Rock
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Small victory (I hope)-
After reading about AG''s and Teebee''s experiences I was more determined to hold my ex-Landlord accountable. I called and he said he forgot!!! Can you believe that? Then he said, well I just figured you''d call when you were ready for it- who''s has to get ready to recieve money??? I told him that I kept the key and would return it if he wanted--the locks were bad and he never changed them after numerous requests from me. So I thought I would be kind to the next tenant who moved in and force him to change the locks by keeping the key. I can''t tell you how many times I stood at my door doing the peepee dance trying to get the key to go in the lock for 5 or 10 minutes. Anyhow, I gave him my new address AGAIN. Hopefully, I will get some moulah soon.

Here happy thoughts for my money and AG''s money arriving quickly
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teebee

Brilliant_Rock
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Date: 2/16/2005 1:25:48 PM
Author: ky6
Good Lord! I thought my last landlord was bad- he never fixed anything. But it sounds like you are really dealing with a bad one. I hope you get your check soon. If not, you may start with a demand letter from your lawyer (much cheaper than paying her to file suit). Often, just the threat of legal action works. I am so sorry you are going through this. It is wonderful how understanding your bf has been.

Teebee- In OK they only have 30 days under the Residential Landlord and Tenant Act to return your deposit. Any length of time sucks though when you need that money to establish a new residence. Last October, I bought a house and moved out of my apartment. My deposit was only a few hundred dollars, but it would have definitely helped to defray some costs. My landlord never returned it, or even a letter accounting deductions. I was just going to let it go, but now after reading this, I think I am going to call him and politely ask if it had been lost in the mail.
Hmmmm? They must have changed it since I''ve been in an apartment? I haven''t rented in 5 years but that''s great that it''s more reasonable. I just checked my files to make sure ~ but the copy of the Landlord Tenant Act that I have says 60 days but that was over 6 years ago (guess it''s time to clean out my files!!) and 60 days was also part of the security deposit terms on all of my leases. When I worked for a property management company that was our standard (that''s why I hated that job ~ my boss wouldn''t let me mail the deposit back until day 59!! Plus, sometimes he wouldn''t let me mail it at all if the tenants hadn''t submitted a written request for the return of their deposit... Anyhow, an attorney was consulted on all of this so I know that we were within the bounds of the law at that time). I would definitely call and ask your old landlord ~ a few hundred dollars is definitely worth a phone call! What part of OK are you in?
 

AmberGretchen

Ideal_Rock
Joined
Jan 6, 2005
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Hey girls - an update, mostly positive. Yes, mostlywatching I did post on CL forums, just trying to get as much advice as possible, although I have to say after some of the responses I don''t think its worth the time over there.

We got a return (a few days late) of part of the security deposit - they deducted a small amount for cleaning and repairs (illegal since they weren''t cited during the initial walkthrough and so we didn''t have a chance to fix them), and they also deducted prorated rent at the full rate for January. What really got me was their accompanying letter that pointed out that they had "only" charged us for that, rather than demanding the rent for the entire rest of the lease, and implying that that was doing us some kind of favor. We have several signed documents from them first offering and then confirming that they (in their words) "released us from our rental obligations" as of the day we officially moved out, so its totally ridiculous on their part.

Anyway, its much better knowing what the situation is now. I talked to our lawyer, a family friend (who is super-nice, and an expert in SF tenant law, and talks to us for free which is amazing and super-sweet and we are trying to think of something nice enough to do to thank her when this is all over...), and she said we have a really strong case. She is having us send them a letter, in which we will demand the return of the balance, and it says if we don''t get it we will file in small claims court for $5000 EACH for a variety of things including the return of the deposit, plus damages, medical expense related to the lack of heat, etc... So now bf and I figure the worst that happens is we put in the time to prep the case and we lose and we still aren''t worse off except for the time we had to put in, and its a good learning experience, especially since he wants to go to law school
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Also, now that we are more relaxed, I can focus more on the butterflies in my stomach about when he will propose! Its nice that its totally in his control now, but it also makes me so nervous and excited - I''m a very assertive, pro-active person, and so waiting is really hard for me (I know, what else is new for the girls on this board). Our two-year anniversary is coming up next week, and we will be going away for it hopefully next weekend or the weekend after, and so that might be it, but I really don''t know...So keep your fingers crossed for me and think happy engagement thoughts, and also happy winning small claims court cases against evil landlords thoughts!
 

ky6

Shiny_Rock
Joined
Feb 4, 2005
Messages
451
What part of OK are you in?[/quote]

Sorry teebee- I just saw this. I am in Tulsa.
 

teebee

Brilliant_Rock
Joined
Apr 15, 2004
Messages
812
Date: 2/27/2005 10
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9:46 PM
Author: ky6
What part of OK are you in?

Sorry teebee- I just saw this. I am in Tulsa.
[/quote]
I am in OKC now, but I moved here from Tulsa back in August to be w/ fiance. I miss Tulsa...
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I lived there for 20 years so Tulsa is definitely home to me ~ graduated from Broken Arrow. Small world... What area are you in? I think I''ve lived in almost every area of Tulsa except for east but my house was at 21st & Harvard area. I miss my house too...
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I''m being slightly melodramatic, I am happy to finally be engaged and living with fiance since we had to go back & forth for 2 years, but I would be ecstatic if we could live in Tulsa instead of OKC.
 

ky6

Shiny_Rock
Joined
Feb 4, 2005
Messages
451
Okay, what a really small world! My house is in the 21st and Harvard area! We could have been neighbors :) I just bought it in October and I love it. I think I would miss Tulsa too. I am biased but I definitely prefer Tulsa to OKC. Is FI from OKC? Maybe he can set up his dental practice in Tulsa one day.
 

teebee

Brilliant_Rock
Joined
Apr 15, 2004
Messages
812
Date: 2/28/2005 9:31:43 AM
Author: ky6
Okay, what a really small world! My house is in the 21st and Harvard area! We could have been neighbors :) I just bought it in October and I love it. I think I would miss Tulsa too. I am biased but I definitely prefer Tulsa to OKC. Is FI from OKC? Maybe he can set up his dental practice in Tulsa one day.
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Okay... this is just kooky: I sold my house in October!! How weird?!?! Well, I''m pretty sure you didn''t buy my house since the people that did were married with a baby, but it''s possible that you looked at it. Wow, that just blows me away. I really love that area and I''m definitely biased towards Tulsa over OKC, too. Especially midtown Tulsa. FI is actually from Ada and that area originally. I''m keeping my fingers crossed that someday we will be able to move back to Tulsa, although it would years and years down the road. But, since almost all of my family lives in or around Tulsa I still have a good excuse to visit often.
 
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