2015/16 I lived, with my wife and our young son, in an apartment complex (AC) that is more like a filing cabinet for human life. Multiple buildings. Hundreds of units, owned by a multi-billion dollar company.
Over the course of the year I had grown unhappy with the thin walls, drafty windows, dark space, and dog shit minefield that is their common grass areas... However, I planned on buying a house in the next year so I figured we could gut it out if the rent didn't go up to much.
AC requires 60 days notice when terminating a lease. Our lease ended November 1, 2016 (60 days notice is September 2, 2016) If we do not give 60 days (Sept. 2), our lease automatically renews as a month-to-month + $400/month premium for the flexibility of month-to-month. I requested to know our rent increase several times in the months leading up to our lease end date. I was denied this information each time. August 17, 2016, I emailed the AC leasing office requesting to know what our rent increase will be. We received a note in our door one week later, August 24, 2016. The rent increase was too much. I found a new place (termination paper required a forwarding address) and gave 40 days notice.
On our final bill, we were charged $1044 for failure to give 60 days notice. AC also charged $10.66 for a piece of the refrigerator they claim we broke, but most assuredly did not. (I never had the opportunity to walk the property with an associate prior to leaving.) I disputed the charges with AC management. In an email dated January 24, a manager wrote, “an email was sent… on 9/7/2017 with the lease renewal offers. This provided you with 56 days notice of a rental increase. If you would like, we would be able to waive 4 days of the insufficient notice penalty. Per your signed lease agreement, you are required to give 60 days notice to vacate.”
On our final bill, I noticed we had a $300 rent balance. My automatic deposit, through the AC resident portal pulled my rent, every month, since I moved in. The final month, AC under charged us by $300 and added it to the final bill with the $1044 penalty and refrigerator repair cost.
When I checked my bank balance and recognized that they under charged me, I delivered a check, with the rent balance, but I refused to pay the $1044 penalty.
I argued that they gave me 8 days notice of a rent increase because I started accruing penalties as of September 2nd. I also argued that they filled the apartment. The penalty was 20 days rent. They can not charge me for rent in an apartment that is rented to someone else. Or, they can not rent out an apartment that I was technically already renting. They were double dipping.
A couple months went by and I got a call from a collection agency trying to collect $1054.66. A few months of arguing with the collections agency and I got another letter claiming that I actually owe $1278.91 (+$300 rent balance - $75.75 security deposit)
Long story less long, I sent the company a demand letter threatening to take them to court. Their lawyer responded by saying, basically, okay, you don't owe us any money and we don't owe you any money. We admit no fault, don't talk about this with anyone, ever, and you can never sue us in the future...
While I could sign and end this. FUCK THEM. I want some blood. They have been fucking with me for a year. They messed up my credit. They have, built into their business practice, deceptive and predatory practices that must screw 100's of tenants / year.
I, as part of my willingness to let this go, demanded that their lease include language that provides every tenant a minimum of 30 days notice of any and all changes to a lease before penalties can be assessed. Which, as I understand, is basically the law. I want them to follow the law. I even said I would sign the non disclosure if they changed their practices. No need to talk about how they used to treat their tenants if they move forward honestly. I may have also asked for a shit ton of hush money.
I have since been ignored by the lawyers. Now I have to file a lawsuit but I don't know exactly what grounds to sue them on. How much money do I ask for? Can I get records of other former tenants to get a class action? I'm looking for scorched earth, pro revenge on this company.
Submitted October 21, 2017 at 08:15AM by EveryThingHasAName http://ift.tt/2xUtrbB legaladvice
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