1. Welcome! Please take a few seconds to create your free account to post threads, make some friends, remove a few ads while surfing and much more. ClutchFans has been bringing fans together to talk Houston Sports since 1996. Join us!

Legal question concerning the jerks @ my former leasing office

Discussion in 'BBS Hangout' started by RunninRaven, Jul 8, 2005.

Tags:
  1. RunninRaven

    RunninRaven Member
    Supporting Member

    Joined:
    Jun 16, 2000
    Messages:
    15,331
    Likes Received:
    3,336
    I moved out of my townhome at the end of May. I knew I likely wouldn't get my deposit back as I had let the backyard grow up way too high and various things needed to be replaced (some mini-blinds, etc). However, they are trying to bill me to have the carpet replaced, claiming that it was stained so badly that their $2000 carpet cleaning machine couldn't get it clean. Now, their carpet was crap to begin with. It was new when it was installed and by the end of the year there was a large rip down the middle of the living room. For that reason, I think they would have been replacing the carpet anyway. The manager admitted to me that I was not liable for the rip. That was a maintenance thing. I think they are trumping up the claims of the stained carpet so she can try to get me to foot the bill for the carpet replacement (and to get back at me as we have butted heads before).

    When I talked to her on the phone, she said she had pictures to back up her claim that the carpet was beyond repair. When I visited the leasing office to see these pictures, she showed me 5 total, one of which actually photographed the carpet, only showing about 2% of the entire apartment. The photo she showed me, which was a Polaroid, did not show any noticeable staining at all. It mostly focused on the rip.

    She says there are more pictures but they have been "sent to corporate." I ask her who I need to talk to to see the pictures that are now at corporate. She says "Nobody." She won't tell me, she says, "I'm it." and that she won't help me anymore. By god, I will not pay $500 that I don't have for carpet that I KNOW was not badly stained when I left. And from what I can tell, she has little to no proof of any staining (I don't think there even is a "corporate" office...she's bluffing).

    My legal question is this...who do I talk to to put pressure on her to drop this bill charge? I'd prefer to not have to go through a lawyer because lawyers are expensive and I don't really have the funds, but I'm sure that is what she is counting on. She won't listen to reason as I already tried to go over this with her and she just got b****y with me and refused to help whatsover. She has threatened to damage my credit were I not to pay, so I can't do that. Would the Better Business Bureau be able to help here? Any advice whatsoever would be extremely helpful, because I'd really like to know if I have any recourse before I start consulting lawyers. Thanks in advance.
     
    #1 RunninRaven, Jul 8, 2005
  2. codell

    codell Member

    Joined:
    Aug 26, 2002
    Messages:
    19,312
    Likes Received:
    716
    Youll spend $250-$500 to get a lawyer to fight it for you. Just try and cut your losses and move on down the road. I'd negotiate to pay half, $250.

    Ultimately, you are responsible for any proved damage above and beyond your deposit. Even if they are refusing to show you proof, all they have to do is send it to collections and if you still refuse to pay, theyll just mark up your credit report.
     
    #2 codell, Jul 9, 2005
  3. bejezuz

    bejezuz Member

    Joined:
    Jun 26, 2002
    Messages:
    2,772
    Likes Received:
    69
    Most large leasing companies have websites. Find out who the property is owned by and go over the manager's head.

    For future reference, always be present when your landlord does a walk-through. They are much less likely to screw you over when you're there to argue with them.
     
    #3 bejezuz, Jul 9, 2005
  4. DonnyMost

    DonnyMost Member

    Joined:
    May 18, 2003
    Messages:
    49,355
    Likes Received:
    20,493
    Go to the Better Business Bureau or whatever association of leasers they operate under and file a formal complaint. This is the worst thing about renting/leasing, the people who run these places are generally scum who want nothing but to bilk money from people by strong arming and bullying them. Chances are if you hire a lawyer, or make it look like you have, they will drop the whole thing altogether, same thing goes if you complain to their corporate headquarters or whatever business association they belong to.
     
    #4 DonnyMost, Jul 9, 2005
  5. RIET

    RIET Member

    Joined:
    May 20, 2002
    Messages:
    4,916
    Likes Received:
    1
    Unfortunately, you should have had a walk through before you moved out and have them sign off that you weren't responsible for anything.

    Aside from that, contacting the BBB won't help because it has no enforcement powers.

    You should get the manager to put in writing that you're not responsible for the rip in the carpet. That would eliminate them back tracking on that issue.

    Also, this might help:

    http://www.law.uh.edu/peopleslawyer/tenant3.html

    D. How can I be sure that I will get my security deposit back?




    Finally, you can always take them to small claims court.
     
    #5 RIET, Jul 9, 2005
  6. meggoleggo

    meggoleggo Member

    Joined:
    Aug 21, 2003
    Messages:
    4,402
    Likes Received:
    48
    I had a very similar problem with my last apartment complex. 45 days after I moved out, they finally sent me my bill for my last apartment (by law they're supposed to send it in 30 days). They tried to tell me that my carpet was stained beyond belief and that I owed them an extra $300 on top of my deposit they took.

    I went in there and basically told the lady that not only did she send this 2 weeks late and by law she can't do that, but I'm also not paying for it. If she was dead set on having her money, I'd give her $10 bucks a month for the next few years, that was all I could afford, I'm a student, I have no income. She said that she'd call the corporate office and the bill collectors, blah blah blah. I told her, call the bill collectors, I'll give them $5 bucks a month. Try me.

    Magically the charges went away and I haven't heard from them since.
     
    #6 meggoleggo, Jul 9, 2005
  7. RunninRaven

    RunninRaven Member
    Supporting Member

    Joined:
    Jun 16, 2000
    Messages:
    15,331
    Likes Received:
    3,336
    The 30 days thing is interesting...because I moved out at the end of May and only just now received this bill, so there is no way she made that deadline. I don't think I will be consulting a lawyer, but I do plan to find out exactly who owns that property and go over her head. If they continue to stonewall me, I'll do exactly what meggoleggo did, and tell them I'll pay them $5 a month if that. They can't damage your credit as long as you are paying them, right?
     
    #7 RunninRaven, Jul 9, 2005
  8. RocketForever

    RocketForever Member

    Joined:
    Jun 3, 2002
    Messages:
    5,017
    Likes Received:
    37
    If they can sense that you are ready to fight it and make it difficult for them, usually they will back off. Meggoleggo's case is a very good example.
     
    #8 RocketForever, Jul 9, 2005
(You must log in or sign up to post here.)

Share This Page