Who's house is going down first???

[2quills]

Quote:
Originally Posted by reefraff http:///t/392886/whos-house-is-going-down-first#post_3497313
They are charging her extra each month because they claim there is no lease so that shouldn't be a consideration. Even if they were to find the signed lease they are in violation by charging her the extra 100.00 in rent plus the unsafe conditions. And if they did mess with her she could turn around and counter sue for injuries from the holes she's tripped in. I don't see them taking this to court.
Odds are that if she signed it then it's floating around that office somewhere. But yeah, the extra money really makes no sense. Unless they are considering her as being on a month to month basis right now. But if there's no contract then there's no contract. If she's paying then that's on her. I'd probably take next months rent and put it down on another place and just leave asap at that point. I would be in agreement with Shawn on that.

 

[reefraff]

Quote:
Originally Posted by 2Quills http:///t/392886/whos-house-is-going-down-first/20#post_3497315
Odds are that if she signed it then it's floating around that office somewhere. But yeah, the extra money really makes no sense. Unless they are considering her as being on a month to month basis right now. But if there's no contract then there's no contract. If she's paying then that's on her. I'd probably take next months rent and put it down on another place and just leave asap at that point. I would be in agreement with Shawn on that.
By billing her the extra money even if they did "magically" find the lease they would have to refund her all those extra payments with interest. At what point is that more than the lease termination fee which if things are as bad as she says probably couldn't be enforced anyway.

 

[gemmy]

This apartment complex is horrible when it comes to paperwork. I never paid them any extra money when they said I was on a month to month lease. I did go to the office and raised hell about the lease. Then, magically my lease showed up. Currently, I am consulting an attorney to see what the best options for me.

 

[2quills]

Quote:
Originally Posted by reefraff http:///t/392886/whos-house-is-going-down-first/20#post_3497322
By billing her the extra money even if they did "magically" find the lease they would have to refund her all those extra payments with interest. At what point is that more than the lease termination fee which if things are as bad as she says probably couldn't be enforced anyway.
I didn't say it was more or less. That just depends on the situation and how far along into the lease she was. I'm just saying that when you're on a month to month situation vs a longer lease then places always charge you more money. And it's not illegal for them to do so. That's what every complex down here does when you don't have a signed 6-12 month lease. I've seen plenty of descent people get screwed because they didn't understand what their rights as renters were. Things are different in each state. And owners can put whatever they want in their lease above and beyond what the state requires. If you sign it then you're commited.
Had she actually been paying that money and now that the lease has turned up then I agree that they should have had to reimburse her that money back. But she didn't pay it, so I guess this point is mute.

 

[reefraff]

Quote:
Originally Posted by 2Quills http:///t/392886/whos-house-is-going-down-first/20#post_3497346
I didn't say it was more or less. That just depends on the situation and how far along into the lease she was. I'm just saying that when you're on a month to month situation vs a longer lease then places always charge you more money. And it's not illegal for them to do so. That's what every complex down here does when you don't have a signed 6-12 month lease. I've seen plenty of descent people get screwed because they didn't understand what their rights as renters were. Things are different in each state. And owners can put whatever they want in their lease above and beyond what the state requires. If you sign it then you're commited.
Had she actually been paying that money and now that the lease has turned up then I agree that they should have had to reimburse her that money back. But she didn't pay it, so I guess this point is mute.
Yeah, I thought she was paying the money. If she was and they have set rental rates and she was paying going rates for month to month I seriously doubt they could have done a thing because they didn't follow the terms of their own lease. I know when my brother built his apartments they pulled a lease agreement off the net and had to tweak it for Wyoming laws but most of the basics are the same in every state. Where he lives the landlord CAN cut utilities if a renter isn't paying so he had his units built with the ability for him to cut water and power to the units. Of course you better not cut them in the dead of winter, at least in the case of electric.

 

[2quills]

Agreed. The fact that they would even try to charge her extra is absurd. I'd have flat out told them "look, just because you lost your copy of the lease doesnt mean that I've lost mine". I'd be happy to make them a copy of my copy but I wouldnt sign a month to month unless I was looking to get out early. All a property has to do is show that they are making some effort to try and correct the issues. And if they are then its going to be hard to get out of that lease without a fight.
My wife is far more knowledgable in this area than, I. She's been managing proprties for a long time. And on the occasions where she has had to go to court...she's never lost. Krista, if you have any specific questions I'll be more than happy to ask her for you. She really knows he stuff when it comes to these types of situations. But I think it's really going to come down to what's in that lease and how bad do you really want to leave before it is up.

 

[reefraff]

Quote:
Originally Posted by 2Quills http:///t/392886/whos-house-is-going-down-first/20#post_3497364
Agreed. The fact that they would even try to charge her extra is absurd. I'd have flat out told them "look, just because you lost your copy of the lease doesnt mean that I've lost mine". I'd be happy to make them a copy of my copy but I wouldnt sign a month to month unless I was looking to get out early. All a property has to do is show that they are making some effort to try and correct the issues. And if they are then its going to be hard to get out of that lease without a fight.
My wife is far more knowledgable in this area than, I. She's been managing proprties for a long time. And on the occasions where she has had to go to court...she's never lost. Krista, if you have any specific questions I'll be more than happy to ask her for you. She really knows he stuff when it comes to these types of situations. But I think it's really going to come down to what's in that lease and how bad do you really want to leave before it is up.
Yeah, state laws are all a little different but with all the constant issues I think the lease could be busted pretty easy. I remember back in another lifetime I walked away from a mobile home I was buying in a park. Despite the fact the park rent was a lease the manager gave us back all our deposits and stuff when we left because she didn't like the outfit that bought our loan and wanted to cost them as much as possible on the voluntary repo. I was shocked.

 

[2quills]

Quote:
Originally Posted by reefraff http:///t/392886/whos-house-is-going-down-first/20#post_3497402
Yeah, state laws are all a little different but with all the constant issues I think the lease could be busted pretty easy. I remember back in another lifetime I walked away from a mobile home I was buying in a park. Despite the fact the park rent was a lease the manager gave us back all our deposits and stuff when we left because she didn't like the outfit that bought our loan and wanted to cost them as much as possible on the voluntary repo. I was shocked.
If you got all of your deposit back then I'd consider myself lucky. Down here most places are going to eat that up pretty quick when you go to move out. It's a pretty hot market right now and not enough apartments or rentals to go around for everybody. Owners are taking full advantage of this.

 

[reefraff]

Quote:
Originally Posted by 2Quills http:///t/392886/whos-house-is-going-down-first/20#post_3497434
If you got all of your deposit back then I'd consider myself lucky. Down here most places are going to eat that up pretty quick when you go to move out. It's a pretty hot market right now and not enough apartments or rentals to go around for everybody. Owners are taking full advantage of this.
Oh yeah. No way we should have gotten it back. Not only that, the manager had come by our place to let us know the water was going to be off for a bit and saw the boxes. When she asked about it I told her we were surrendering the Mobile home and moving within the next few weeks but not to worry, we would have the space payment on time. She told me not to pay it. She also warned me about the company who had bought our loan. She said be careful because in these situations their standard practice was to try to milk money out of you by telling you to send them a four or five thousand dollars and they would write your loan off paid as agreed. Sure enough they tried. The guy was down to 2 grand by the time I hung up.
That manager was truly a class act and a rarity.
Hope everything works out as well for Gemmy

 

[gemmy]

Right now, I am not sure what is the best thing for me to do. I would love to move out, but that prevents a slew of obstacles. I am working towards being able to buy a house which is what I am planning to do in June. Getting a new place to live right now would be difficult due in part to the finances (down payment and moving costs). I know I can get out of my lease, but I also don't want to move into another apartment where I am going to spend money and end up moving again in less than a year. I am looking into all possibilities including moving out sooner than June.
Realistically, my apartment complex is not going to sink into the ground anytime soon. I do wish I had kept a running log of all the issues that have occurred. I also should have moved out of the complex when I had to change apartments due to the one sinking into the ground. Lesson learned.

 

[gemmy]

Another water line break today. Now, this one has me a little concerned. It is at the exit and the only thing they have done is put orange cones around where the water is coming up through the ground. They sent a letter out that they hope to get it fixed on Monday. The apartment complex is blaming the wait on the outside contractor and the water company that have to do the work. I think the cost of paying someone to fix it on the weekend is a factor.