D
davidarcher2000
Guest
I live in college housing in Florida and am having a problem with my landlord. Here are the main points:
1. I lived in a four bedroom apartment with 2 other individuals, "Billy" and "Bob". All seperate leases for individual bedrooms.
2. About a month after "Bob" moved in, he moved out and a friend of his "Scott" moved in. "Billy" and I assume he is subleasing from "Bob" because he has keys to the apartment and bedroom and it is really none of our concern.
3. One weekend while "Billy" was out of town and I was spending the night at my girlfriend's house, I got a call from "Scott". He said that the sprinklers had gone off in the apartment and that it is flooded. I told him I'd get back there right away. That was the last time I ever saw or talked to "Scott".
4. My neighbor, "Chad", heard the building fire alarm go off when the sprinkler went off and he walked outside his apartment and saw "Scott" inside my apartment trying to remove a pair of handcuffs from the sprinkler.
5. I got back there and talked to the maintenance supervisor that responded to the call and he agrees that apartment is temporarily unliveable and agrees to transfer me to another apartment until this one is liveable again. I ask for a permanent transfer and was told this would cost me $400 "Transfer Fee". I am given keys to the new apartment and move up there.
6. After "Billy" returns from out of town, we go down and meet with the property manager. He says that he has not been able to get ahold of "Bob" and that he cannot waive the $400 "Transfer Fee" because he has several thousand dollars in water damage/repairs to the apartment and he has not determined who is responsible. I give him the only number I have for "Scott" and he said he will try to contact him.
7. Several days pass, I meet with the property manager again and ask for a waiver of the transfer fee. He tells me that in the lease it states that I "agree to be held responsible for a pro-rata share of any damages to the common area unless the sole party responsible can be reasonably ascertained." He then says that because he cannot ascertain who is responsible, he is sending notices to me, "Billy", and "Bob". He then asks if we know anything else about "Scott" because according to his records, only "Billy" and I are on the rent rolls for the apartment. I tell him everything I know about the guy.
8. I receive a notice from the property manager stating that I am in non-compliance with my lease by being "directly or indirectly involved with tamparing<sic> the fire sprinkler: Your share of the damages are $1333.00". It was a seven day notice-to-cure. I went the next day and spoke with him and he said that he still cannot get ahold of "Scott" and because of that, he cannot reasonably ascertain who is responsible. I told him that because an eyewitness saw "Scott" in the apartment at the time of the incident that it can be reasonably ascertained that "Scott" was responsible. The fact that he cannot find or contact "Scott" is none of my concern. The property manager disagrees and says that "the burden of proof is on you." He then asks me if I would like to speak with the "Courtesy Officer" (Hired off-duty sheriff's deputy) for the complex about the matter. I tell him that I would like the officer to call me.
9. That night around 11pm, two police officers show up at my house. I went outside to speak with them and told them everything I knew about the incident. They then told me that I was lying and that they talked to three people that said I hung the handcuffs on the sprinkler and that I was going to be arrested for tampering with the sprinkler. I denied any such involvement and tried to re-enter my apartment. I was detained outside the apartment, not under arrest but just not able to go back inside, while the two officers repeatedly threatened me with losing a semester from school, having a felony on my records, paying court fees and attorney's fees, etc. I was not read my miranda rights, and at this point, I was visibly shaking because it was cold outside and I was not even allowed to go back in the apartment to get a jacket. After about 20 minutes of this harrassment, I lied and told them, under duress, that I did hang the handcuffs there. The officers seemed satisfied with this and left the premises. I felt my rights were violated by this incident.
10. Because the officers were under the employ of my landlord at the time they came and threatened me, I felt that the landlord (and his agents, the officers) were not acting in "good faith" in regards to trying to resolve the matter so I resolved that all further communication with the landlord be in writing. Basically, this meant that I would not accept their phone calls and would try to communicate only by letter with the landlord so I have written documentation.
11. About a week after this incident, I get a bill from the landlord for approximately $4000 in damages, including $500 for a TV that is provided with the apartment that still works, $100 for a pet fine for "Scott"'s cat, $600 to repair three bedrooms doors (only two were kicked in by the fire department when they responded to the sprinkler), $445 for a month's rent of the fourth bedroom (that no one was living in), and several other generally outrageous charges. I figure the actual damages to be around $2000.
12. The same day I get the bill, I write a letter to the landlord stating that I am not responsible for the damages caused by a trespasser which, in my eyes, "Scott" was. He did not have a lease with the landlord and was basically squatting and trespassing.
13. I receive no response from the letter I sent. I return the keys to my old apartment and I continue to pay my rent on time for the next two month's and on the back of the checks I write "By accepting this check, payee agrees to apply the monies received towards rent only." I do this just to protect myself in case they try to turn around and say that I was paying off the bill that I am disputing.
14. I receive a seven-day notice of non-compliance asking me to move back to my old apartment and it stated that I must vacate my current apartment in seven days. My lease states "For purposes of operating efficiency, Landlord reserves the right, upon fifteen (15) days written notice, when possible, to require Tenant to change bedrooms within an apartment as well as the right to relocate Tenant to another apartment unit at <NAME OF COMPLEX>". Since I was not given 15 days, I disregarded the notice and wrote the landlord a letter stating that I do not have a set of keys to the apartment anymore, that I do not want to live there knowing that "Scott" and god knows who else has a set of keys and landlord has not changed the locks, and I have concerns about moving back into an apartment without seeing papers from the health department concerning the liveability of it. I refuse to put my health in danger due to mildew, mold, airbone pollutants, etc.
15. The next weekend while I am out of town, I get a call from "Joe", my new roommate, saying that maintanence was at the apartment earlier and unlocked my bedroom door and let "Billy", my old roommate, into my room. I was furious and drove 400+ miles that night in order to secure my room. Nothing was missing so the next day I speak with the maintenance supervisor (he was the one that actually unlocked the door) and he said that he had permission from the office. I told him that I was never contacted and he said he would talk to the office and find out why I was not contacted. I hear nothing back from the office or maintenance regarding this incident.
16. I receive another letter about 2 weeks later asking me to please call the office and arrange another meeting with the property manger, the resident life manager, and another manager. I write them back stating that I have nothing further to say about the incident and that any correspondance, inquiries, or meetings will have to be directed to my attorney.
17. This month, I paid my rent as normal and drop it in the box at the office. I got a call yesterday morning from the office stating that they refuse to accept my check for rent because of the writing on the back that makes them apply it towards rent. I tell them that they accepted it the last two months and that I am still disputing those charges. The girl tells me that normally she could accept it and apply it towards the charges but then my rent would be unpaid anyway. She tells me that I will be getting a 3 day notice soon and late fees will start to accrue.
So, I admire you for reading through this mess and have a question for you. What are my legal remedies in this situation? What is likely to happen? Naturally, I assume the landlord will start eviction soon after giving me the 3 day notice but how can they evict me for non-payment of rent when they refused to accept it? Can they evict me for not paying the damages to the old apartment even though they have accepted two rent checks since they billed me for the damages? How is it legal for a landlord to refuse my rent and then kick me out for non-payment? Is the fact that they let someone else in my room without my permission prove retaliatory conduct or does it just prove that these people really don't care about their tenants? Doesn't make any sense to me. Any help would be greatly appreciated!
1. I lived in a four bedroom apartment with 2 other individuals, "Billy" and "Bob". All seperate leases for individual bedrooms.
2. About a month after "Bob" moved in, he moved out and a friend of his "Scott" moved in. "Billy" and I assume he is subleasing from "Bob" because he has keys to the apartment and bedroom and it is really none of our concern.
3. One weekend while "Billy" was out of town and I was spending the night at my girlfriend's house, I got a call from "Scott". He said that the sprinklers had gone off in the apartment and that it is flooded. I told him I'd get back there right away. That was the last time I ever saw or talked to "Scott".
4. My neighbor, "Chad", heard the building fire alarm go off when the sprinkler went off and he walked outside his apartment and saw "Scott" inside my apartment trying to remove a pair of handcuffs from the sprinkler.
5. I got back there and talked to the maintenance supervisor that responded to the call and he agrees that apartment is temporarily unliveable and agrees to transfer me to another apartment until this one is liveable again. I ask for a permanent transfer and was told this would cost me $400 "Transfer Fee". I am given keys to the new apartment and move up there.
6. After "Billy" returns from out of town, we go down and meet with the property manager. He says that he has not been able to get ahold of "Bob" and that he cannot waive the $400 "Transfer Fee" because he has several thousand dollars in water damage/repairs to the apartment and he has not determined who is responsible. I give him the only number I have for "Scott" and he said he will try to contact him.
7. Several days pass, I meet with the property manager again and ask for a waiver of the transfer fee. He tells me that in the lease it states that I "agree to be held responsible for a pro-rata share of any damages to the common area unless the sole party responsible can be reasonably ascertained." He then says that because he cannot ascertain who is responsible, he is sending notices to me, "Billy", and "Bob". He then asks if we know anything else about "Scott" because according to his records, only "Billy" and I are on the rent rolls for the apartment. I tell him everything I know about the guy.
8. I receive a notice from the property manager stating that I am in non-compliance with my lease by being "directly or indirectly involved with tamparing<sic> the fire sprinkler: Your share of the damages are $1333.00". It was a seven day notice-to-cure. I went the next day and spoke with him and he said that he still cannot get ahold of "Scott" and because of that, he cannot reasonably ascertain who is responsible. I told him that because an eyewitness saw "Scott" in the apartment at the time of the incident that it can be reasonably ascertained that "Scott" was responsible. The fact that he cannot find or contact "Scott" is none of my concern. The property manager disagrees and says that "the burden of proof is on you." He then asks me if I would like to speak with the "Courtesy Officer" (Hired off-duty sheriff's deputy) for the complex about the matter. I tell him that I would like the officer to call me.
9. That night around 11pm, two police officers show up at my house. I went outside to speak with them and told them everything I knew about the incident. They then told me that I was lying and that they talked to three people that said I hung the handcuffs on the sprinkler and that I was going to be arrested for tampering with the sprinkler. I denied any such involvement and tried to re-enter my apartment. I was detained outside the apartment, not under arrest but just not able to go back inside, while the two officers repeatedly threatened me with losing a semester from school, having a felony on my records, paying court fees and attorney's fees, etc. I was not read my miranda rights, and at this point, I was visibly shaking because it was cold outside and I was not even allowed to go back in the apartment to get a jacket. After about 20 minutes of this harrassment, I lied and told them, under duress, that I did hang the handcuffs there. The officers seemed satisfied with this and left the premises. I felt my rights were violated by this incident.
10. Because the officers were under the employ of my landlord at the time they came and threatened me, I felt that the landlord (and his agents, the officers) were not acting in "good faith" in regards to trying to resolve the matter so I resolved that all further communication with the landlord be in writing. Basically, this meant that I would not accept their phone calls and would try to communicate only by letter with the landlord so I have written documentation.
11. About a week after this incident, I get a bill from the landlord for approximately $4000 in damages, including $500 for a TV that is provided with the apartment that still works, $100 for a pet fine for "Scott"'s cat, $600 to repair three bedrooms doors (only two were kicked in by the fire department when they responded to the sprinkler), $445 for a month's rent of the fourth bedroom (that no one was living in), and several other generally outrageous charges. I figure the actual damages to be around $2000.
12. The same day I get the bill, I write a letter to the landlord stating that I am not responsible for the damages caused by a trespasser which, in my eyes, "Scott" was. He did not have a lease with the landlord and was basically squatting and trespassing.
13. I receive no response from the letter I sent. I return the keys to my old apartment and I continue to pay my rent on time for the next two month's and on the back of the checks I write "By accepting this check, payee agrees to apply the monies received towards rent only." I do this just to protect myself in case they try to turn around and say that I was paying off the bill that I am disputing.
14. I receive a seven-day notice of non-compliance asking me to move back to my old apartment and it stated that I must vacate my current apartment in seven days. My lease states "For purposes of operating efficiency, Landlord reserves the right, upon fifteen (15) days written notice, when possible, to require Tenant to change bedrooms within an apartment as well as the right to relocate Tenant to another apartment unit at <NAME OF COMPLEX>". Since I was not given 15 days, I disregarded the notice and wrote the landlord a letter stating that I do not have a set of keys to the apartment anymore, that I do not want to live there knowing that "Scott" and god knows who else has a set of keys and landlord has not changed the locks, and I have concerns about moving back into an apartment without seeing papers from the health department concerning the liveability of it. I refuse to put my health in danger due to mildew, mold, airbone pollutants, etc.
15. The next weekend while I am out of town, I get a call from "Joe", my new roommate, saying that maintanence was at the apartment earlier and unlocked my bedroom door and let "Billy", my old roommate, into my room. I was furious and drove 400+ miles that night in order to secure my room. Nothing was missing so the next day I speak with the maintenance supervisor (he was the one that actually unlocked the door) and he said that he had permission from the office. I told him that I was never contacted and he said he would talk to the office and find out why I was not contacted. I hear nothing back from the office or maintenance regarding this incident.
16. I receive another letter about 2 weeks later asking me to please call the office and arrange another meeting with the property manger, the resident life manager, and another manager. I write them back stating that I have nothing further to say about the incident and that any correspondance, inquiries, or meetings will have to be directed to my attorney.
17. This month, I paid my rent as normal and drop it in the box at the office. I got a call yesterday morning from the office stating that they refuse to accept my check for rent because of the writing on the back that makes them apply it towards rent. I tell them that they accepted it the last two months and that I am still disputing those charges. The girl tells me that normally she could accept it and apply it towards the charges but then my rent would be unpaid anyway. She tells me that I will be getting a 3 day notice soon and late fees will start to accrue.
So, I admire you for reading through this mess and have a question for you. What are my legal remedies in this situation? What is likely to happen? Naturally, I assume the landlord will start eviction soon after giving me the 3 day notice but how can they evict me for non-payment of rent when they refused to accept it? Can they evict me for not paying the damages to the old apartment even though they have accepted two rent checks since they billed me for the damages? How is it legal for a landlord to refuse my rent and then kick me out for non-payment? Is the fact that they let someone else in my room without my permission prove retaliatory conduct or does it just prove that these people really don't care about their tenants? Doesn't make any sense to me. Any help would be greatly appreciated!