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Suing my landlord: Do we have a case?

Brodo FagginsBrodo Faggins Registered User regular
edited October 2009 in Help / Advice Forum
So we've lived in this apartment complex for over 10 years now - me, my sister, and my mom. Kept quiet, never disturbed the neighbors, were never late with the rent, etc. The county we're in doesn't have rent control, so rent was always absurdly high but because we were so close to a good high school, my mom didn't see fit to move us. Two years ago, my aunt moved in to the same complex, into a 2-bedroom place across the hall from us, and recently moved out.

The landlord's sister occupies one of the apartments, and she is the manager of the place. She's loud and rude, yet consistently bangs on everyone's doors to be quiet.

Fast forward to now, we decide to move into another unit downstairs in the same complex, and here's where the troubles begin.

1. They charged us $600 to paint the new 3-bedroom apartment. I found out this is illegal, according to state law.

2. They charged us $150 for two window screens which were damaged by the previous tenants, and claimed that they were in fact, new, and that I had damaged them. The wear and tear on them clearly show their age, yet we've lived here for all of 3 months now. I suppose this is my fault for not taking pictures of everything when we moved in. They also charged us $50 for our two garage remotes, which we returned to the manager. Obviously she won't have any recollection of this, and again, I guess it's my fault for not recording the fucking event (this is what it has come down to, I'm going to have to fucking record every interaction I have with these people).

3. They haven't given us, or my aunt, our copies of the contract. That means they're 3 months late for us, and 2 years late for my aunt. I'm suspecting they've violated it in full and are trying to string us along for as long as possible. Yes, we signed the contract, but didn't receive a copy upon signing, and despite calling them every week and asking politely for them to send a copy to us, have consistently failed to do so. They've only NOW just given us the invoice for the deposit, which is where we found out about the painting, screen window, and garage remote charges. This is after two months of constant calling and asking.

4. The other 3-bedroom apartments in this complex are cheaper. Way cheaper. By a good $500 (we're friends with one of them). We know there's no rent control, but I mean, DAMN.

5. According to the family that lived in our unit before we moved in, they've been screwed hardcore as well, but because the parents (like mine) are immigrants, decided to just go with the flow. I'm guessing the landlord's gotten complacent with this and has assumed that all immigrant families are this easy to fuck over. They're planning on suing the landlord with us.

TL;DR: Landlord charged us illegally, withheld the invoice and still haven't given us a copy of the contract, and are charging much higher rent than the rest of the complex. We don't even care about the money anymore, this has become a bit personal.

Do we have a case?

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Brodo Faggins on

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    ThanatosThanatos Registered User regular
    edited October 2009
    You really need to talk to either a tenants union or a lawyer specializing in landlord/tenant law.

    Thanatos on
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    Brodo FagginsBrodo Faggins Registered User regular
    edited October 2009
    Yeah I definitely plan to, but we're all busy with work and school for a while before I get an opportune time to speak to them (my mom barely speaks English, my sister's 16, so it's up to me to get all the details, but film work means working weeks straight).

    I'm just hoping someone on here has also unfortunately experienced this and how they resolved it.

    Brodo Faggins on
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    DeadfallDeadfall I don't think you realize just how rich he is. In fact, I should put on a monocle.Registered User regular
    edited October 2009
    Yeah I definitely plan to, but we're all busy with work and school for a while before I get an opportune time to speak to them (my mom barely speaks English, my sister's 16, so it's up to me to get all the details, but film work means working weeks straight).

    I'm just hoping someone on here has also unfortunately experienced this and how they resolved it.

    Now, this is just my opinion, but it seems from the information I read up there that the bolded part is exactly what your landlord is banking on. Oh, we'll screw them over because they don't speak english and won't know it. So it seems to me that the only thing stopping you from acting on this is yourselves (that's not supposed to be an insult.) It's just kinda like how bad do you want to pursue this? You're probably going to have to take some time off.

    As far as I know, lawyers love money, so I'm almost positive they can find someone to translate for your mother if she were to push this further. Also, as far as I know, you are indeed entitled to a copy of your contract and did you not do one of those walkthrough checklists before moving in? One where you make note of every detail that might be considered damaged?

    Again, I have no experience with suing anybody, just my two cents.

    Deadfall on
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    SpherickSpherick Registered User regular
    edited October 2009
    Seconding the advice to just call a tenant lawyer as these kinds of things vary wildly from state to state. Most law offices wont mind giving you a free 30 minute consultation either over the phone or at their office to see if you have a case. They will usually only start charging you once they decide you have a case and begin actual legal work.

    Best of luck

    Spherick on
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    EncEnc A Fool with Compassion Pronouns: He, Him, HisRegistered User regular
    edited October 2009
    Lawyer up. Hopefully as soon as possible. It sounds like you ended up in a craptastic place, anyhow. I'd see if the lawyer can help you get out of the complex and into another one that dosen't violate various laws sin the area. It's a renter's market right now, it shouldn't be too hard to find a place.

    Enc on
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    tsmvengytsmvengy Registered User regular
    edited October 2009
    IANAL, so you need to talk to a tenant association or lawyer who specializes in that area.

    I would say you have a case in #1 and #3. 2 and 4 are possibilities - 2 because that's an egregious charge (repairing a screen costs less than $30 at a hardware store but you didn't have proof that they were damaged when you moved in).

    tsmvengy on
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    RUNN1NGMANRUNN1NGMAN Registered User regular
    edited October 2009
    The only person who's going to give you anything close to an accurate answer on this is a landlord/tenant lawyer in your state. And the chances that one of those are trolling the forums is pretty slim. You need to talk to a lawyer ASAP. A lot of property issues can become time barred, or you can basically waive your right to sue by putting up with it and not complaining promptly, so you really need to talk to a professional soon.

    RUNN1NGMAN on
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    FiggyFiggy Fighter of the night man Champion of the sunRegistered User regular
    edited October 2009
    Here, and I can't see it also being the case there, the landlord needs to prove any charges or fees. That means, she will have no way of proving your you damaged the screens or lost the remotes.

    Figgy on
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    DarkewolfeDarkewolfe Registered User regular
    edited October 2009
    Figgy wrote: »
    Here, and I can't see it also being the case there, the landlord needs to prove any charges or fees. That means, she will have no way of proving your you damaged the screens or lost the remotes.

    The screens I can see, but how would you prove someone lost remotes anyway? You document that you give them to them, but how do you document that they were lost, other than having a sheet that says, "Never returned?"

    Darkewolfe on
    What is this I don't even.
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    JihadJesusJihadJesus Registered User regular
    edited October 2009
    Thanatos wrote: »
    You really need to talk to either a tenants union or a lawyer specializing in landlord/tenant law.
    This. Laws can vary pretty widely from state to state. Call 211 and ask for housing advocates, or just tell them what you're looking for. The operators there typically know their stuff, at least around here.

    JihadJesus on
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    Brodo FagginsBrodo Faggins Registered User regular
    edited October 2009
    Thanks for the responses, guys. I'm taking a day off tomorrow and calling my city's Housing Rights Center, and my mom's going to ask some Korean lawyers she knows.

    Brodo Faggins on
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    kaliyamakaliyama Left to find less-moderated fora Registered User regular
    edited October 2009
    You mean HRC LA? i like them. if you think it could at all be racially motivated they'll be most useful. i can't remmeber if they means-test or not; i'd expect they would in terms of staff attys.

    kaliyama on
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    MrMonroeMrMonroe passed out on the floor nowRegistered User regular
    edited October 2009
    People with "my landlord _______" issues really need to learn to start their posts by noting which state they live in. Some states this would be a thorny issue. If you're in Massachusetts, for example, this could end with a huge pile of money damages in your favor.

    MrMonroe on
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    PeregrineFalconPeregrineFalcon Registered User regular
    edited October 2009
    MrMonroe wrote: »
    People with "my landlord _______" issues really need to learn to start their posts by noting which state they live in. Some states this would be a thorny issue. If you're in Massachusetts, for example, this could end with a huge pile of money damages in your favor.
    Brodo Faggins
    Location: Los Angeles

    gee

    i wonder where he lives
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    PeregrineFalcon on
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    Can trade TF2 items or whatever else you're interested in. PM me.
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    variantvariant Registered User regular
    edited October 2009
    Even a threat to sue gets most of these shady landlords to cough up the embezzled money, so definitely give him a notice.

    variant on
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