| Bad service...and still waiting for deposit!
What is the name of your state? Alabama
I apologize for the length of this post. I tried to condense it as much as possible.
Apartment lease states:
"17 IN CASE OF MALFUNCTION OF EQUIPMENT, DAMAGE BY FIRE, WATER OR ACT OF GOD. Resident shall notify owner immediately and owner shall repair the damage with reasonable promptness, or if the premises are deemed by owner to be damaged so much as to be unfit for occupancy, or if the owner decides not to repair or restore the building, the lease shall terminate. If the lease is so terminated, rent will be prorated on a daily basis so that the resident will pay only up to the date of damage, and the remainder of the month will be refunded. Resident agrees to request all repairs and services in writing except in extreme emergencies when telephone calls will be accepted by owner."
I signed the lease for an apartment and moved in on Friday April 2, 2004. The Property Manager told me to make a list of things that I find that need repairing. On Monday or Tuesday during the next week, I notified the property manager of the numerous problems with the apartment and things that needed to be fixed. After numerous attempts to receive a response, I was told there was a work order made up for repairs. May rolls around and no repairs were made. They did not respond to my many letters, phone calls, and voicemails to the apartment office and to the Property Management office. I complained to BBB. They did not respond to BBB's numerous letters. I paid April and May rent. Maintenance was finally sent out to my apartment on June 30, 2004 without notice. All repairs were not made. I did not pay 3 months rent because they took 3 months to do most of the repairs. I also wanted to get some type of response. There were no late notices or eviction notices sent to me. I had not been evicted. I started to pay rent again in September 2004. I had been paying rent since September 2004. My lease had expired at the end of August and I was living there month-to-month. The rest of the repairs were finally completed on September 27th, 2004, but I had more dishwasher problems on September 28, 2004. I've sent numerous letters, but they still refused to respond again. They had been cashing my rent checks but won't respond to repair requests, voicemails, or letters. I had been trying to move somewhere else, but I couldn't because the places I tried to move to call the apartment office and they say I owe them money. I didn't pay the apartment office because they would have to give me the money back because of what their lease says. They still owe me for dishwasher non-repairs since September 28, 2004. I can only assume someone came and finally fixed the dishwasher on January 5, 2005, even though no one had the decency to notify me when maintenance was coming to make repairs, nor did anyone leave a notice or letter of what had been repaired. Again, it took the apartment office 3 months and 8 days to send someone to repair the dishwasher, with no response to my service requests. The flood light in front of the fireplace took them 6 months to fix.
I was sent an eviction letter on Jan. 27th, 2005. This was the first notice they sent to me of any kind. I decided to pay the 3 months back rent because I wanted to move. The apartment office manager said the eviction was null and void since I paid the back rent. She even siad I could stay longer if I wanted to...uh, no thanks.
I have moved to a new apartment on March 1, 2005. I have called the old apartment office twice because they have not sent me my deposit. I have not heard from them to this day. I want to sue them for the 6 months of non-service/non-correspondence and for my deposit. Is it too late to sue? Do I have a case? Thanks. | 
05-03-2005, 07:54 AM
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