Landlord BULLSHIT (long post) - Legal advice?

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LemonAden

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Jan 29, 2007
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When i landed from ASE last week, i had my roommate Amy pick me up at the airport and she was crying.

She said that one hour earlier (11pm), she was sleeping and the landlord was pounding on her bedroom window. she opened the door and the landlord was demanding thatour rent checkbounced and telling her to go to the ATM and get $$ out to pay the rent. Amy said "aden is in miami, the rent didnt bounce" and she even showed her on the computer that the check was cleared on our end and that we had thousands of dollars in the acct so there was no way it could bounce.

I was so pissed that i called her up screaming that she never show up to the house again, never knock on our door again and if she does, we will leave.

The next day we found out that the landlord is a wackjob coke head. I knew something was wrong with her from day 1, but our apartment is pretty fuckin awesome so we took it. We have been saving our $$ to move out of state ASAP and buy a house somewhere we do not know yet.

The next day, the landlords fuckhead wacko daughter called my roommate at work saying that we owe her mom an apology for calling so late and for me shouting in her voiucemail and that she has heard nothing but bad about us blah blah.

So i snapped and called the daughter.. and of course i got her voicemail,because they are scared of me and know they can get to my roommate but not to me so they always call her. I told the daughter that i think her entire family are wackos, the cease and desist from calling Amy ever again or we will get restraining orders and that i am going to take them to court for harassment, etc.

Heres the story:
We moved in here during Jan. We paid for a full month of Jan up front $1350.. but she made us wait to the 18th to move in and never prorated the month. Then she made us pay $1350 security, $1350 last, $400 pet fee and then $1350 for Feb..

ALL up front and we paid. Then in april, my roomates and her friends got drunk in the hot tub and spilled some water and it cracked the ceiling in the tenant below us kitchen. She said it cost 1500 to repair, i said no way..then she said 1200 and i paid. When the tenants moved out, i broke in and took pictured of the damage and it is in the photo below. My dad is a contractor and said that the damage is a $100 - $200 repair job and that we were screwed. To top it off, she had her boyfriend fix the damage, not a private contractor.

So i told her that we would move out on Aug 1st, provided that we get $1350 last back (after finding out it was illegal for her to charge first last AND security in the state of RI). So since we have not used the $1350 for last, and it was illegal, we asked for it back and are waiting. Ive had the police come to document everything that is going on, and even the cops said that she is always causing problems with her tenants, etc.

So heres what i want to do. Take her to court, sue her for security back $1350 (because i know she will try to rip us off on it after the 20 days she has by law to give it back). I want the non refundable pet fee back of $400 (it says in the lease '$400 pet fee for cleaning of carpets' and we have NO carpets in the house,lol. Then i want to get partial rent back for Jan as she made us wait until the 18th to move in and we paid a full month. Additionally, i would like 90% of the money back for the ceiling damage.

Problem is, small claims court in RI max is $2500 you can receive. What else could i do legally to get my $ back and maybe even damages for the shit she put us through (90% of which i have not even listed here).

Aside from the legal bullshit, i found out with the tax assessor for my city, that she is claiming the apartment to be a 3 family rental unit when in reality she is renting out 4 units in the house.. (TAX EVASION)... Secondly, the zoning code has not been met in my apartment as it is a 2 floor loft and the staircase going to the second floor where i sleep does not meet code and neither does the banister surrounding the opening. Third, she charges us for first, last and security... VERY against the law in RI.

So i need to make sure she gets everything she deserves and am looking for suggestions/legal advice from anyone else who has had to deal with this sort of bullshit. Ideas?
 


most states (possibly federal) it's illegal to charge more than 2.5X rent upfront (including sec deposit, first month's rent, last month's, etc.). give her your notice you're leaving and find a different place. don't be a little bitch and start suing people, just move on and pick a better landlord. we're not talking about a lot of money here in all honesty.
 
Dude that blows, I've had some experience with crappy tenants because my dad has a few rental properties. I've never seen it go the other way though. Hope it all works out for you.
 
5 grand (when your saving to buy a house) is a lot of money to me man. If i dont take her to court, ill never get the money back. She has no right, i feel like i was stolen from and i dont like thieves.
 
Apply to be on the Judge Judy Television Show filmed at her studies in L.A.

Not only will Judge Judy embarrass the hell out of your landlord in front of 10 million viewers, she will also pay you the full $5000 because that is the limit in her arbitration.

Of course she isn't a judge anymore, but both parties must agree to abide by the decision she makes as an arbitrator.

The only downside is if your story doesn't hold water, you will look like a jack@ss on national TV, but Judge Judy is pretty fair and impartial as far as I can tell.

She usually sides with people who use common sense. She is big on common sense.
 
You paid waaaaaaaaaaaaaaaaaaaaaaay too much upfront for that place. Let me guess, the property wasn't originally owned by the landlord but was willed to them, correct? Sure sounds like it.

I had a temporary (6 month) apartment when I first got off active duty back in 2000. The landlord was nice enough, but would avoid me because I kept telling her about the bathtub backing up. I knew it was nothing I'd be able to fix myself (tried Draino, etc....) so I was pretty adamant. It got to where after two months, I just didn't pay my rent for the next month. I had it and everything, I just wasn't going to pay it until I could take a shower without standing in a foot of water.

So on the 6th of that month (rent is due on the 1st) I get this loud banging on my door and a guy shouting, "Get rid of the drugs quick because I'm coming in!!!" and then I hear keys jingling. My first thought was of confusion because I don't even do drugs.

This was a very, very bad mistake on the part of the landlord's brother-in-law.

Short story long, when the ambulance and police got there, they picked him up out of the bushes and set his broken nose. I got a "verbal counseling" for excessive use of force in response to a home invasion since he wasn't armed.

I will never claim to be a tough guy, but no grown man is going to come into my home (temporary or no) threatening me.

I never did pay that month's rent, though. I ended up moving in with my gf at the time and we broke the lease on a verbal agreement.

But it sure felt good to break that guys' nose. :)

At any rate, I know my story won't help you any but I wanted you to know that you aren't the only one to deal with a whack-job landlord. My advice: talk to an attorney since your damages are going to be well in excess of what you can sue for in small claims court.

Best of luck, bro.
 
5 grand (when your saving to buy a house) is a lot of money to me man. If i dont take her to court, ill never get the money back. She has no right, i feel like i was stolen from and i dont like thieves.

id say try and live there rent free by not paying, but then you get an eviction on your record your f'd... if you're that broke take her to small claim i guess and try and next month only pay 18/30 * rent the pro-rated amount your owed and tell her to suck your dick.
 
As much as i would love to use physical force on them both, i cant, haha.

My fear is that they will attempt to do something to myself, Amy or my dog.

I am not broke dude.. i make enough $$ i could buy a house now if i didnt have the music shit going on.. $$ is not the point. Its that i was ripped off, would you just walk away from someone who fucked you over? Its for my own peace of mind.

I just talked to somone at RI legal services. He said that he thinks i should tell them that i am moving on October 1st. Do not pay them another dime until then (to cover the last month rent i paid, and the security). That way we do not have to worry about the being ripped off part of it.

The lawyer then said that if they harass us, we need to go to court and get restraining orders on them. As for eviction. She cannot evict us unless we have not paid.. in this case, we paid in advance. So basically we are just using the money we already paid to ride out the rent and prevent ourselves from getting ripped off.

Once i am out, i will report her for the tax fraud and zoning code issues. Its the right now part that is killing me, If they do anything to Amy or my dog, i will end up in Jail for what i will do to them
 
As much as i would love to use physical force on them both, i cant, haha.

My fear is that they will attempt to do something to myself, Amy or my dog.

I am not broke dude.. i make enough $$ i could buy a house now if i didnt have the music shit going on.. $$ is not the point. Its that i was ripped off, would you just walk away from someone who fucked you over? Its for my own peace of mind.

I just talked to somone at RI legal services. He said that he thinks i should tell them that i am moving on October 1st. Do not pay them another dime until then (to cover the last month rent i paid, and the security). That way we do not have to worry about the being ripped off part of it.

The lawyer then said that if they harass us, we need to go to court and get restraining orders on them. As for eviction. She cannot evict us unless we have not paid.. in this case, we paid in advance. So basically we are just using the money we already paid to ride out the rent and prevent ourselves from getting ripped off.

Once i am out, i will report her for the tax fraud and zoning code issues. Its the right now part that is killing me, If they do anything to Amy or my dog, i will end up in Jail for what i will do to them


Sounds like a bold plan, but a solid one. And no, I would never advocate physical violence on anyone. My case was...special (and that prick deserved it :)).

I may be wrong (and hope I'm not) in thinking that these people wouldn't do anything to your roommate, but if you're worried about your dog, let you parents or friends take care of it for you until you move out. I know that if someone harmed one of my dogs, they'd be taking a long drop from a short rope.

(I'm really not as violent as my replies to this thread make me out to be, promise!)
 
haha.. yeah man. i work from home, so my dog is here with me. but whos to say they wont throw a anti freeze soaked steak into the yard when i let him out to piss or play ball with him ya know?

Im not afraid of them physically hurting Amy, but theyre fucking with her head, calling her at work, making threats, etc

They are psychopaths
 
haha.. yeah man. i work from home, so my dog is here with me. but whos to say they wont throw a anti freeze soaked steak into the yard when i let him out to piss or play ball with him ya know?

Im not afraid of them physically hurting Amy, but theyre fucking with her head, calling her at work, making threats, etc

They are psychopaths

use the webcam for your gay porn sites and aim it outside for evidence.
 
engaged.. good idea. but the cats chewed the wire for my webcam so i need to buy some new wireless ones ;)

I do intend on setting one up to record at night when i am not here.
 
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