So, it looks like I'm headed to court

Discussion in 'General Discussion' started by TheIncredibleHulk, Oct 17, 2007.

  1. TheIncredibleHulk

    TheIncredibleHulk Find Gary Busey!

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    Me and my wife both got summons's today. Apparently, our landlord is taking us to court for breaking our lease. Funny thing is, we're still living here.

    We've been planning to move, because the lease ends in December but haven't officially moved out. My wife called the people who own our building last week, and mentioned that we "might" move out soon. The lady she talked to was fine with it, said to let them know in writing, and then when we were moved out, they would use part of our security deposit to clean the carpet, and then take the rest off of the total we owe. We thought everything was cool. I came home tonight to find court papers taped to my door for everyone to read.

    My neighbors moved out about 2 months ago, because there was raw sewage flooding the basement. Our landlord tried to blame it on us, said we were flushing stuff down the toilet, even tried to bill us for the service calls. The old neighbor came by a few weeks ago to let us know that they were taking him to court for breaking his lease. This was happening for months, he said that he and his girlfriend were both getting sick. He said it became unlivable. So, they moved out. He knocked on the door last night, and said that they were going to court today.

    So the neighbor goes to court, and then a few hours later we get the summons. Hmmm. Sounds kinda fishy to me. I think the landlord lost the case, and is now trying to get us now.

    We found a new place a few weeks ago. We made a deal with the new landlord that if we fix the place up, we would be able to start moving stuff in. Looks like we'll be moving stuff alot faster than we thought. I'm half expecting to come home one night, to find a different lock on the door. So we're going to move most of our stuff out in the next few days.

    I just keep thinking about this, over and over....
     
  2. ShortCircuit

    ShortCircuit Decepticon

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    I know its wrong, but you can't just up and leave. Ive seen it on the judge judy show all the time. He will get you on breaking the lease. You have to make an attempt to meet him halfway. even 30 days notice to landlord is not enough. You have to find someone to take over the lease. Or stick it out till lease is up. Im not hating on you, just trying to help, the lease is a contract, but if the apartment is unfit, you need to bring it to his attention. ASAP.. dont wait, dont sleep on it...tell him whats wrong and work on a plan to fix what is not listed as the contract states the apartment condition should be in.
     
  3. ranoobu

    ranoobu I like fried chicken

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    I'm sorry to hear about your troubles..

    No matter where you go, there's always an ass around the corner.

    I hope things work out for you and I doubt this guy has a case. The worst I think that could happen is that you are forced to move.. which you're already doing

    Thank god for receipts.
     
  4. TheIncredibleHulk

    TheIncredibleHulk Find Gary Busey!

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    We're still planning on paying the rest of the lease. Its the way they've decided to handle it all of a sudden that gets me.
     
  5. ShortCircuit

    ShortCircuit Decepticon

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    I hear ya there, well, maybe he got a stick up his butt cause like you said the wifey called and said "blah blah we might move out.." and he just took it too far, thats very possible, maybe to kinda scare you in way. But know that he lost his time and gas and yadda yadda maybe even money to file for a court hearing. But what you said on the phone and what you ARE doing of course it 2 different things and maybe he took it the wrong way.

    Is it an eviction notice or something?
     
  6. My03Tundra

    My03Tundra LOVES TO EDIT POSTS!!

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    Technically, from what you described, you never broke the lease by moving early. What I'd recommend doing is fighting it on that basis because you never signed anything stating you broke the lease. It will be a bitch, but I'd say take him to small claims on ANY legitimate repair he ever refused to fix, etc and say you will take it to one of the televised programs. Make him look like an ass by having EVERYTHING lined up and most if not all possibilities covered. If you can, take one of your old neighbors with you so they can be character and material witnesses.
     
  7. ShortCircuit

    ShortCircuit Decepticon

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    If it does go to court, be prepared....don't just show up empty handed. get receipts, deposit slips, withdrawl slips, reciepts of when rent was paid and all that jazz. Im sure you will, just sayin' dont come with a pencil and your wallet.....
     
  8. My03Tundra

    My03Tundra LOVES TO EDIT POSTS!!

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    Also, take photos of the condition of the apartment's repairs NOT done by the landlord that he has refused for either yourself, or your old neighbors. Any legitimate and decent photos you can get will greatly turn the tide in your favor.

    Since he made the first move, and threatened you with (what I suspect) and illegal suit I'd go for his jugular. If you decide to sue him, though, because it is a civil matter check with your local laws as to the specifics for a lawsuit. You can likely check with the court clerk or similar regarding your suit and determine what basis it has. Check into it and see if it can't be overturned, or whatever, before even heading to court. It just seems fishy and wrong to me.
     
    Last edited: Oct 17, 2007
  9. TheIncredibleHulk

    TheIncredibleHulk Find Gary Busey!

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    I've been trying to track down my old neighbor to see how it went today. I'm kicking myself for not getting his number last night.

    And the maintenance guys just walk right in when they do show up. I reported that the plaster from my ceiling in my living room was falling apart the day we moved in. A few days later, a guy showed up to fix it. He ran out of whatever he was spraying on it, said he would be back the next week to finish. Never came back. I kept bugging the maintenance guys to finish it, but I'm still looking at an ugly brown spot above my recliner.

    Then there was the matter of the front door not closing. You could push it right open. They fixed it once, but it took them so long to come fix it, that a few weeks later, when it happened again, I had to fix it myself. Haven't had a problem with it since.
     
  10. TheIncredibleHulk

    TheIncredibleHulk Find Gary Busey!

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    And I know this isn't the landlord's fault, but I live in a bad neighborhood. Got a new neighbor about a month ago. Sits outside in front of the apartment and drinks with his buddies. Loud and obnoxious all night.

    Drug deals going on at the end of the road. Come home, and there's a car parked in the middle of the road, and some dude runs back and forth with a wad of cash. This happens all the time. I live on a one way street. So I have to drive thru it everyday to get home.
     
  11. cobra zartan

    cobra zartan Think's He's a Detective.

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    Cost me $1000k + that months rent to break our lease when we moved so it was $2500k for 1 damn month. The jerks tried to show our place without notice and just walked into our place. They had the place filled even before we left and we still had to pay the 1k for breaking the damn lease even thou they increased the rent the day we left. Landlords blow, I had to call the cops several times a week due to crackheads breaking in and sleeping in the stairwell and the guy below us would beat his wife we have had junkies stand outside our car and wait for us to get out. I wouldn;t worry about the court crap chances are it wont be hard to fill, get outta there quick as yea can
     
  12. My03Tundra

    My03Tundra LOVES TO EDIT POSTS!!

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    Have you considered investing in a "personal security device" and a "personal proection device?" Like a stun gun/taser, and a LARGE caliber gun.
     
  13. Aaron

    Aaron Master of Crystalocution Moderator Content Contributor

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    Could it be that the summons is to act as a witness? I wouldn't be surprised if you would be called for testimony to the craptacular maintenance of your complex.
     
  14. tusko

    tusko Well-Known Member

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    I didn't read all of this or at least it hasn't all filtered into my numb skull.

    My only statement is if in the old place, sewage had leaked in and it was making people sick, then get out of that building. Your health is priceless. Even if everything turns nasty with the courts always do what is in the best interest of your health.

    Good luck.
     
  15. Sunstorm9119

    Sunstorm9119 RC 1136

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    I agree, the first place my wife and I had together had the sewage problem. Poor maintenence caused it. The steps in the back to the yard were falling apart, and when they finally replaced them with a deck (5 months later), they broke the sewer connection that ran through the yard. After many calls, and about 5 weeks, it was fixed. And 2 months later it happened again! We told the rental agency we were lookng to move, and weren't going to pay any rent untill it was fixed. They agreed to let us move, but threatened court action for the rent we didn't pay, I threanened to call the Health department,(the problem wasn't fixed untill 3 weeks AFTER we moved). Never heard from them again......
     
  16. Mr. Jiggles

    Mr. Jiggles loves your mother.

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    I hate court. Except for jury duty.

    I once sat on the jury for a child molester case.

    I hung the jury on a Thursday so we'd all have to come back on Friday. Because:

    1. I didn't want to go to work on Friday and
    2. I knew they took the jurists to an all-you can eat buffet with crab-legs on Friday.

    After lunch Friday, I busted out my legal kung-fu, convinced the jury to convict on three more counts that they were voting against, and sent that sick fucker to the pen for a good long while.

    I rule.

    And Hulk, good luck. Try to keep it out of court if at all possible.
     
  17. Jeremy.B

    Jeremy.B Formerly Leader Blackout TFW2005 Supporter

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    I think you are good. When you appear in court, like Tundra said, have your ducks in a row. If conditions reached the point of being unlivable, then it is your landlord who has violated the lease agreement by providing you with an environment that does not provide an acceptable quality of life. Raw sewage? ugh...
     
  18. Foster

    Foster Super Mod

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    Sorry, that *is* your slumlord's fault. He rents to drug dealers and assholes that are helping ruin your neighborhood. And he's taking you to court because you're an upstanding citizen that just might pay a bill you're unjustly stuck with.
     
  19. TheIncredibleHulk

    TheIncredibleHulk Find Gary Busey!

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    No, they want $1200. Which would be rent for Oct, Nov, and Dec. I already had arrangements to pay this month's rent on the 27th. I'm not paying them a dime until we go to court.
     
  20. MegaMoonMan

    MegaMoonMan www.megamoonman.com TFW2005 Supporter

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    Well, look on the bright side - you know where you can buy crack, and it's convenient!

    It sounds like your landlord doesn't have a chance in hell.
     

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