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I'm being REAMED by my apartment complex (EDIT: Now With Mean Letter)

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Two bad things you did in the letter. You were willing to pay them $700 of money that you shouldn't have had to pay a dime of. Regardless of the contract you signed it's illegal for them to attempt to bill you for normal wear/tear on the carpet paint. Because of that you should NOT be willing to pay a dime of the money required to paint or recarpt. The most you should lose is a $100 to clean the carpets and a fee to clean the walls and even the wall charge would be HIGHLY suspect. You also threatened to sue in the letter, big no no, you should have ended with your refusal to pay the balance on the bill sent to you and a demand that they refund both deposits to you immediately.

Good luck 🙂
 
i dont understand why you offered to pay for something that (if you are being truthful) you should have no obligation for. 😕
 
Thanks. I was just, as I stated before, trying to keep on reasonable terms. I threatened to sue in the letter to show that I'm not stupid and I'm not just going to bend over and spread my cheeks. I seriously don't want to put in the time to sue them. We'll see if I have a message on my machine when I get back home.

To clarify the $592 was not out of my pocket, but rather their "allowance" for wear and tear. Kindof absurd considering how much it costs to compensate for "wear and tear". None of you know me, but just take my word that I and my roommates are the cleanest guys you'll ever meet.

Originally posted by: rahvin
Two bad things you did in the letter. You were willing to pay them $700 of money that you shouldn't have had to pay a dime of. Regardless of the contract you signed it's illegal for them to attempt to bill you for normal wear/tear on the carpet paint. Because of that you should NOT be willing to pay a dime of the money required to paint or recarpt. The most you should lose is a $100 to clean the carpets and a fee to clean the walls and even the wall charge would be HIGHLY suspect. You also threatened to sue in the letter, big no no, you should have ended with your refusal to pay the balance on the bill sent to you and a demand that they refund both deposits to you immediately.

Good luck 🙂

I am trying to sound reasonable since I still live in this apartment complex.. In fact it's the same quad as my old apartment.

dont understand why you offered to pay for something that (if you are being truthful) you should have no obligation for.
 
Hey, good job. You've got more balls that me at least.

I went to Univ of Miami and stayed in their prison-esque rooms for only 2 months of the 5 mon semester and they charged me over 3k for the semster for a 21' by 11' hole....WITH ANOTHER PERSON! Apparently, there was a clause in my agreement that if I stay longer than a month, i pay the whole semester as they can't "use the space with anyone else". Anything before that is prorated. I got screwed. Don't let them get you!!!
 
Originally posted by: KEV1N
To clarify the $592 was not out of my pocket, but rather their "allowance" for wear and tear. Kindof absurd considering how much it costs to compensate for "wear and tear". None of you know me, but just take my word that I and my roommates are the cleanest guys you'll ever meet.

I think the point is that they aren't allowed to deduct ANYTHING for normal w&t. If the $592 is coming out of your sec. deposit, it's still coming out of your pocket.
 
Well the manager left a message on my machine but It was after 5 so when I called she had left the office. I went out to dinner with some buddies and when I got back, there was a message from an office assistant.

"Hi this is xXXXX from Tanglewood apartments. This message is for Kevin. Kevin I'm just checking up on any maintenance issues you have. If there are any problems with your apartment don't hesitate to give us a call. Thanks!"

Hehehehehe. Hmm. So nice of them!
 
Im not gonna quote the whole post to give you grief,

"In sum, Irefuse to pay the I refuse to pay the $395.59 I feel has been applied in bad faith...."
Other than that😀 I give you mad props. Imagine a 37y/0 saying that to a wet behind the ears college kid. You go killer, it's refreshing to see someone stand up for thier rights a)when they are right and b) in such a professional, mature, repectable manner. I wish you the best of luck and hope SEVERAL other ATOTrs learn from your example.😉
 
You did fine with the letter.

I would have been less generous but that's your choice.

Don't worry about telling them you'd sue. No point in beating around the bush.

On Monday go down to city hall and set up an escrow account for rent.

You pay into the account and they can't touch the money until you or a judge releases it AND they can't evict you for doing it. PLUS it doesn't affect your credit rating because the law says that rent escrow accounts can;t be used against you.

Bottom line, just come out blazing, just like you did and play hardball. The reason I say this is that what they will try to do is drag their feet until you move out somewhere down the road and in the end they win by default. Thats' what they may TRY anyway...
 
I just got off the phone with my apartment manager. She said that when she did a walkthrough after we moved out, she deemed our carpet "unsalvageable" which I still think is bull. However she seemed scared by my letter and said that she would be willing to call it zero, in that she doesn't pay me and I don't pay her (she keeps my deposit). I could still sue her and win since it is her burden of proof to show that the carpet was unsalvageable and this can only be proven by photos (unless her word weighs more than mine). But I don't really have time for this. I said she can call me back after lunch. I'd be willing to call it zero since I don't want to go through the trouble of suing her and I still live here. However they've been really nice with maintenance, sending guys over to check if "everything's working right".

Should I settle for calling it even and letting her keep my deposit? Remember I don't necessarily have time to actually sue her, I just want her to think I will.
 
You have to decide for yourself what your time is worth, and also the worth of maintaining some semblance of good will with the place since you still live there. If you weren't living there still I would say screw it, take em for all you can get, but if you're ok with it don't worry about getting justification here 🙂
 
Thanks for your opinion. This is how I feel exactly. I still live here and will still see the manager frequently. I'd rather not dread every time I have to go in to report a problem or pay rent. I'm still waiting on her call but I'm feeling she will agree to just take my deposit and not charge me further. I guess a little 30 minute letter in MS Word and 2 sheets of paper can be worth $400.

Originally posted by: PipBoy
You have to decide for yourself what your time is worth, and also the worth of maintaining some semblance of good will with the place since you still live there. If you weren't living there still I would say screw it, take em for all you can get, but if you're ok with it don't worry about getting justification here 🙂

 
They are charging you for what should be considered capital expenditures on their part. Tell them to shove it.
 
Update. It's been almost a week and she's just been dodging my phone calls. She's doing her "homework" but insists that I be charged for the carpet. I will keep insisting that she will lose if I take her to small claims.
 
I think she's bluffing, trying to drag this out. Bottom line is, I'm not paying her anything and I'm not budging from my position. She's just buying time for whatever. I doubt she has any "homework."

I spoke to a friend of mine who knows a landlord/community manager. I know that for the most part landlords/community managers get a bonus depending on, basically, how much extra money they can squeeze out of a vacating. So we know what her motivation is for trying to FUNK me in the arse. I'm honestly kindof getting pissed off that she's still trying to justify charges for me. Time's running out, I have better things to do (final year of college is starting up on Thursday, major project at work) and if she keeps boolshiesting me I'll have to resort to stabbing her in the face repeatedly with a fork. If no forks are readily available I will go through with my threat of legal action, regardless of how much time it's going to take (and I know what I'm getting into). This isn't fully a matter about money, it's a matter of upholding what's universally "fair".
 
hey nice letter, good luck. I hope you get your deposit back..... I have some friends who just settled in small claims court over their deposit... long story.
 
Nice letter, though (as others have already stated) you are entitled to your full deposit back.
As you know, it is illegal for landlords to charge for normal wear-and-tear and it is illegal for them to claim or to tell you that your security deposit is to be used for that purpose. Security deposits are for actual damage only, never for wear-and-tear.
Your landlord is drastically out-of-compliance with tenant laws and is aware of that fact, which is why she is trying to avoid you now. More than likely (and yes, I always think the worst of people in situtations like this), she is hoping you will let it blow by, and then you will start getting collection notices for the full amount, etc. First and foremost, your landlord is not to be trusted. She is already breaking the law that governs her business.
Your desire to maintain good faith in this matter is admirable, but naive. Your landlord has no such intentions AND why would you want to maintain good relations with an obvious unethical landlord? Also, agreeing to compromise upfront in legal matters is almost the same as admitting wrong doing.
To me, your course is clear. Your landlord gave you a verbal agreement, but nothing in writing. You are prime to be screwed. Send your landlord another letter, detailing your previous conversation with her and insisting on all details in writing to you. If she doesn't do that, contact your local Tenants' Union (or similar) and your state's Dep't. of Housing and begin filing complaints. You might think that this will somehow get you in trouble with your landlord when in fact this will cause your landlord to fear you and stay out of your hair.

As a lesson for the future, this is how you rent a house or apartment. When you originally take possession of the property, you schedule a "walk-thru" with the landlord. This is be to done before you actually move-in, preferably at the same time you first get the keys. There is a walk-thru checklist form that can be had at legal supply stores if your landlord does not see fit to already have one. You then "walk-thru" 😛 the dwelling with the landlord and pinpoint at that time anything that is wrong IN ANY WAY, including items you want fixed immediately. You and your landlord both keep a copy of this form. Then, at time of final move-out (after your possessions have been moved out and after you have finished cleaning and are about to return the keys), you schedule another "walk-thru." At this time, you compare the condition of the dwelling against how it was from the first walk-thru. If everything is still as it was (EXCEPT for normal wear-and-tear), then you are entitled to your full deposit back. If items need to be fixed, they are noted, along with estimates for repairs, as these are deducted from your deposit. Either way, you and your landlord both then sign the copies of the walk-thru checklist form and everything is in writing and on paper.
 
I wouldn't 'settle' for zero (her keeping your deposit). That's still $400 of your money and she has yet to offer any evidence that the condition of the apartment when you left was more than 'normal wear and tear'. Unless she was patching holes in the wall, replacing broken appliances, repairing light fixtures, etc., she doesn't get a dime. Paint and carpet -are not- expenses that she can charge you for unless your usage exceeds the 'normal' perception (i.e., you painted a mural on the wall, dumped a 5-gallon bucket of used motor oil in the living room, etc.)

Don't let her keep your $400. It's your money, right? Take what you make in an hour and figure how long it would take you to clear $400. If you can get her to give you the money back for less than that many hours of work then you're ahead. If not, or if you have to take her to court, you're still winning on principle. And a judge is liable to hold her accountable for court costs if it's obvious that she's trying to milk the situation.
 
Thank you all for your excellent advice. This morning the landlord gave me a call stating that she wanted to call it even. I don't have the time to take her to court and frankly I just wanted to get this over with, so I agreed. To alleviate matters of "principle" I will definitely write some nasty complaints to the management group that this apartment complex is under as well as the state dept. of housing. Right now paying $0 is better than paying the $400 she wanted intitially.
 
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