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  1. #1
    JUSTJACKOHIO Guest

    POSSIBLE RETALIATION CASE (against Landlord)?

    What is the name of your state? OHIO

    I will try to make this as short as possible. Yesterday morning, my fiancee and I ran into a problem with our Property Manager in the apartment complex we reside in. My fiancee had went down to the office in the morning to complain about our neighbor who was blasting their music from about 7:45AM until the Prog MGR said somethign to them. But, it was the actions of the Prop MGR that I am inquiring about.

    WHen my fiancee went down to politely complain about the neighbor, the Prop MGR (who I will refer to in the future as "PM") cut her off in mid-sentence and went off on her stating stuff like 'because you live in an apartment building, people can't stop living their lives...I think you two have the problem...I am going to have you evaluated by management...people make noise you will have to deal with it." SO, the PM (and her assitant) went up to our apartment with my fiancee and CLEARLY heard our neighbors' music blasting through the door of his apartment. Then, the PM came in and heard the music clearly through our walls. The PM addressed the problem with the neighbor, but on the way to AND from the apartment, the PM was sayign "this is ridiculous...I told these 2 that they are the problems here!" Meanwhile, it was proven that our complaint was valid.

    Very upset by what happened, my fiancee called me at work -- I left early and came home to address this situation with the PM. I went down there and very politely and calmly addressed my issue with the problem and how it was addressed. The PM immediately became very confrontational and started yelling. I told her about her comment that "having us evaluated" is a form of retaliation, which is illegal in the State of Ohio. She then said to me, "that is not what I said. I said 'if you complain again, I will have you evaluated.' I then laughed because I couldn't believe she had put her foot in her mouth AGAIN. I told her 'that is illegal...you can not retaliate against us -- it is illegal!" She then rushed the door, yelling. I said to her "this conversation is over. I am done!" She continued to yell and I turned back around and said again "I said this coversation is over!" and walked away.

    This all stemmed (originally) from a series of complaints I made months ago from a tenant who used to live above us who constantly blasted her music at very excessive levels. We addressed the situation -- in writing each time -- and one time had to call the police. Each time I went upstairs to investigate, as soon as I opened the door to the hallway, the music was so loud, you would think you were approaching a nightclub. After about 5 complaints about it and nothing was being done (except the "please keep it down" calls from the PM), I addressed it to the Property OWNER and stated language from the lease and the local noise ordinance and also mentioned how the management in the building was taking care of it (they weren't!) and their attitude. Plus, I have caught the Property Manager in a couple of lies, which I have documented as well.

    SO, the "have us evaluated" comment I view as a form of retaliation because I made a complaint to her boss. Moving is NOT an option when the lease it up because WE are not the ones who are wrong. We should not -- and will not -- move because of an unstable manager. Do we have a retaliation claim here? ANy other steps that can be done. I do document everything.

    Again, my apologies for the length. Any guidance/assistance is appreciated.

    Also, I have noticed sa couple of "TV Judge" wannabes answering with stupid comments. I did not post this to hear from some flunky from some "get your law degree in 2 weeks" program! I am looking for guidance here. So, for the wannabes-but-never-will-be's, I am not interested in your 2 cents. If I was, I'd empty your bank account. Put that 2 cents towards paying off your loan.

    Thanks!
  2. #2
    HomeGuru is offline Senior Member
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    Re: POSSIBLE RETALIATION CASE (against Landlord)?

    Originally posted by JUSTJACKOHIO
    What is the name of your state? OHIO

    I will try to make this as short as possible. Yesterday morning, my fiancee and I ran into a problem with our Property Manager in the apartment complex we reside in. My fiancee had went down to the office in the morning to complain about our neighbor who was blasting their music from about 7:45AM until the Prog MGR said somethign to them. But, it was the actions of the Prop MGR that I am inquiring about.

    WHen my fiancee went down to politely complain about the neighbor, the Prop MGR (who I will refer to in the future as "PM") cut her off in mid-sentence and went off on her stating stuff like 'because you live in an apartment building, people can't stop living their lives...I think you two have the problem...I am going to have you evaluated by management...people make noise you will have to deal with it." SO, the PM (and her assitant) went up to our apartment with my fiancee and CLEARLY heard our neighbors' music blasting through the door of his apartment. Then, the PM came in and heard the music clearly through our walls. The PM addressed the problem with the neighbor, but on the way to AND from the apartment, the PM was sayign "this is ridiculous...I told these 2 that they are the problems here!" Meanwhile, it was proven that our complaint was valid.

    Very upset by what happened, my fiancee called me at work -- I left early and came home to address this situation with the PM. I went down there and very politely and calmly addressed my issue with the problem and how it was addressed. The PM immediately became very confrontational and started yelling. I told her about her comment that "having us evaluated" is a form of retaliation, which is illegal in the State of Ohio. She then said to me, "that is not what I said. I said 'if you complain again, I will have you evaluated.' I then laughed because I couldn't believe she had put her foot in her mouth AGAIN. I told her 'that is illegal...you can not retaliate against us -- it is illegal!" She then rushed the door, yelling. I said to her "this conversation is over. I am done!" She continued to yell and I turned back around and said again "I said this coversation is over!" and walked away.

    This all stemmed (originally) from a series of complaints I made months ago from a tenant who used to live above us who constantly blasted her music at very excessive levels. We addressed the situation -- in writing each time -- and one time had to call the police. Each time I went upstairs to investigate, as soon as I opened the door to the hallway, the music was so loud, you would think you were approaching a nightclub. After about 5 complaints about it and nothing was being done (except the "please keep it down" calls from the PM), I addressed it to the Property OWNER and stated language from the lease and the local noise ordinance and also mentioned how the management in the building was taking care of it (they weren't!) and their attitude. Plus, I have caught the Property Manager in a couple of lies, which I have documented as well.

    SO, the "have us evaluated" comment I view as a form of retaliation because I made a complaint to her boss. Moving is NOT an option when the lease it up because WE are not the ones who are wrong. We should not -- and will not -- move because of an unstable manager. Do we have a retaliation claim here? ANy other steps that can be done. I do document everything.

    Again, my apologies for the length. Any guidance/assistance is appreciated.

    Also, I have noticed sa couple of "TV Judge" wannabes answering with stupid comments. I did not post this to hear from some flunky from some "get your law degree in 2 weeks" program! I am looking for guidance here. So, for the wannabes-but-never-will-be's, I am not interested in your 2 cents. If I was, I'd empty your bank account. Put that 2 cents towards paying off your loan.

    Thanks!
    **A: then name each of the contributors whom you don't want to hear from.
  3. #3
    JUSTJACKOHIO Guest
    Ac tually, I have gotten quite a few responses from other threads over the year(s) from people like you, which is fine!

    It is the people who have absolutely NOTHING to add -- except just stupid comments like "well, you see what rednecks...." -- comments like that. I was scanning other threads before I posted mine to see if it was covered (or posts that might be similarly close) and that is where I saw posts (from a 'badtenant' as an example) that added nothing except smarta** comments. Those I can do without. That is what I meant by those answering with nothing constructive to add. I know it sounds ****y, but I don't want to deal with those who respond with comments like that, and shouldn't be responding. That is not what I (and others) come here for!

    Thanks!
  4. #4
    badtenant Guest
    so man i will give you my smart azz PRACTICAL remarks.

    #1. MOVE ya DUMMY into a single family house then you wont be bothered by the noise from neighbors.

    #2. If you are NOT SMART ENOUGH to do that , then live with it. And DONT renew your lease...fool!

    Stop yer whinin!
  5. #5
    HomeGuru is offline Senior Member
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    Originally posted by badtenant
    so man i will give you my smart azz PRACTICAL remarks.

    #1. MOVE ya DUMMY into a single family house then you wont be bothered by the noise from neighbors.

    #2. If you are NOT SMART ENOUGH to do that , then live with it. And DONT renew your lease...fool!

    Stop yer whinin!
    **A: Jack, is this response what you are talking about?
  6. #6
    shaddylandlord Guest
    it's people like you that gum up our legal system with "he said, she said" b/s
  7. #7
    JETX is offline Senior Member
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    "So, for the wannabes-but-never-will-be's, I am not interested in your 2 cents."
    *** If I meet your 'disqualification', simply skip my response.

    "Do we have a retaliation claim here?"
    *** Based solely on the information in your post, no. Though you may take exception to the managers comments, that is not retaliation. Retaliation would be something like cutting off your utilities, etc. Your post makes no mention of any specific conduct that would raise to the level of retaliation.

    "ANy other steps that can be done."
    *** Your only issue as I see it is the 'right to peaceful enjoyment' of your tenancy. As you can imagine, that is subjective and would require significant documentation on your part to be able to show that the noise being created is excessive to the 'normal' person. That will require documenting EACH occurence with date, time, action taken, and results. When you feel you have sufficient support for your claim, you can approach the management (or owner) with your specific complaint.
  8. #8
    JUSTJACKOHIO Guest
    Thanks JETX. By the way, NO you are not one of them. Actually "badtenant" was the one. I guess the people who couldn't even cut it as an INTERN for Judge Judy and the rest of them need a place, so they come here huh?

    What's the problem 'badtenant'? Was the user name "hugeloser" already taken? What about 'patheticidiot"? Actually, from your spelling, a more appropriate user name would be "ElementarySchoolRedneckFlunkie" because of your spelling. Now, 'badtenant', why don't you go empty the trash liners in the men's room. You want to be "McDonald's Employee of the Month' for the 2nd straight month, don't ya??

    NOW BACK TO THE SUBJECT AT HAND:
    Well, I am concerned about the threat made by the property manager about being "evaluated" by management as a form of retaliation because NO ONE else is evaluated near lease renewal and she did make the comment because we have complained, when our complaints our well-documented and very descriptive. She IS threatening us with this 'evaluation' as a method to get us evicted because we have complained about her to her bosses. I would think this would qualify.

    According to the Ohio Landlord Tenant Law, it forbids a landlord from retaliating against a tenant by increasing the rent, decreasing services evicting OR threatening to evict the tenant because the tenant has:
    - complained to a public official
    - complained to the landlord (her boss)
    - joined with other tenants to bargain collectively over the terms and conditions of the rental agreement.

    Her evaluation would prove NOTHING. We pay the rent on time, follow all policies and have never had a complaint against us. Like I said, this 'evaluation' would be done BECAUSE we have complained about her to her boss and this would be an attempt to haev us evicted and/or not renew our lease.

    Still no possible case at all?
  9. #9
    FarmerJ is offline Senior Member
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    Your buildings manager has to DO SOMETHING first that can be provable for you to claim retaliation .
  10. #10
    JETX is offline Senior Member
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    Jack:
    With all due respect, your post is a little confusing.... in one place you say the "form of retaliation because NO ONE else is evaluated near lease renewal", yet elsewhere, you mention "She IS threatening us with this 'evaluation' as a method to get us evicted".

    Is your lease near the end of its term?? If so, the landlord (or manager) is under no obligation to offer (or accept) an extention. And that rejection would clearly NOT be retaliation.

    However, if the lease is not near end and they have actually taken action to evict you, the true test would be the reason given. The lease works both ways. It protects the landlord by given him/her a specific term of income, and protects the tenant from the landlord taking improper action (termination) against the tenant. The only valid reasons that the landlord could terminate your right to tenancy is in the event of YOUR breach of the lease agreement. And complaining (to a government agency or to your friends) is simply not a breach of your lease obligation. If the landlord were to attempt to terminate for that, the courts would likely not accept their claim of breach.
  11. #11
    badtenant Guest
    Originally posted by JUSTJACKOHIO
    Thanks JETX.
    What's the problem 'badtenant'? Was the user name "hugeloser" already taken? What about 'patheticidiot"? Actually, from your spelling, a more appropriate user name would be "ElementarySchoolRedneckFlunkie" because of your spelling. Now, 'badtenant', why don't you go empty the trash liners in the men's room. You want to be "McDonald's Employee of the Month' for the 2nd straight month, don't ya??

    Jackie baby:

    You got it all wrong, YOU need to be evaluated for being a troublemaker, no one like living next to one. And I certainly dont want to live next to you.

    Why not do us a favor, LEAVE, find a nice little house so you and the Girlfriend can make as much noise as you want, and no one will bother you.

    You are not cut out for apartment living, it takes co-operation, and you seem to be a little light in that area.

    Have fun moving when your lease is up.
    Last edited by badtenant; 07-01-2003 at 11:01 PM.
  12. #12
    JUSTJACKOHIO Guest
    FarmerJ and JETX,

    Thanks alot for the assistance. The PROPERTY OWNER actually scheduled a meeting with me because they are very concerned about the way the manager of the building handled this situation from the start. They agree that her confrontational attitude was unwarranted and uncalled for. They are very concerned about her actions -- including the comments she made.

    NOW...onto WHITE-TRASH-BADTENANT:
    Not only do you NOT know how to spell, you can't read either. If you knew how to read, you would have known that WE are not the ones making the noise, loser! I would suggest going back to school and finishing up your education (when did you drop out...the 3rd grade maybe?!), but I realize that going back to school and getting an education and actually making something of yourself is not a goal of yours, so let me give you another 'easier-to-obtain' goal. GET YOUR PRIORITIES STRAIGHT! If I was in your pathetic, white-trash situation (and thank God I am living comfortably-and then some), take that money you are wasting every month on internet access and put it towards getting your trailer OFF of the cement blocks so you can move to a slightly nicer trailer park. Even Jed Clampett laughs at you (along with the rest of us) because you are so pathetic. Now, I know why abortion was legalized -- to prevent pathetic people like YOU to be brought into this world and take precious oxygen away from EVERYONE ELSE to keep your waste-of-a-life person alive.

    Everyone else -- thanks again for your help here.
    Thread done. I will not be re-visiting this. But, badtenant, you are more than welcome to respond (and waste your time, but you are used to that) -- maybe you can improve your spelling skills with each and every keystroke, loser!
  13. #13
    Jdewar01 Guest
    yeh... it's been a while since my last visit here. Interesting, the saga of badtenant coninues...

    I am trying to compare the letters of JUSTJACKOHIO with JETX. well, J and T are there, I wonder, where we can find an E and an X in ohio.

    what a stupid game you are plying, idiotic, as if you were an 8th grader.
  14. #14
    badtenant Guest
    Hey maybe you got lucky here**************

    Maybe the property owner, is a really good guy, and will FIRE the Property manager....

    But then again they just might Get rid of BOTH you and the noisemaker by not giving either of you a renewal lease.


    ======================
    Thanks alot for the assistance. The PROPERTY OWNER actually scheduled a meeting with
    me because they are very concerned about the way the manager of the building handled this
    situation from the start. They agree that her confrontational attitude was unwarranted and
    uncalled for. They are very concerned about her actions -- including the comments she made.
  15. #15
    HomeGuru is offline Senior Member
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    Originally posted by Jdewar01
    yeh... it's been a while since my last visit here. Interesting, the saga of badtenant coninues...

    I am trying to compare the letters of JUSTJACKOHIO with JETX. well, J and T are there, I wonder, where we can find an E and an X in ohio.

    what a stupid game you are plying, idiotic, as if you were an 8th grader.
    **A: another idiotic post.

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