Page 1 of 2 12 LastLast
Results 1 to 15 of 18
  1. #1
    Addict
    Points: 65,363, Level: 79
    Level completed: 33%, Points required for next Level: 1,087
    Overall activity: 14.0%
    Achievements:
    Veteran50000 Experience Points
    demoncore1031's Avatar
    Join Date
    May 2008
    Location
    Albuquerque,NM
    Posts
    5,540
    Points
    65,363
    Level
    79
    Thumbs Up
    Received: 98
    Given: 105

    anyone in the realty business??? need some help

    so I was renting a house from a realty company in Albuquerque. signed a 1 year lease that was up at the end of January this year. broke up with my now ex over the summer and her and the kids moved out and I signed a paper putting me as the lone person on the lease. they called me around xmas time because they showed up at the house and I wasn't there. they went over to turn the heater on. yep, they waited until mid December to turn the heater on. they were giving me all kinds of crap because I was never home (I stay at my new gf's house a lot) and because I never answered their calls. they were really rude about it too! turns out, they were calling the wrong # so I never even got a call from them. but the day they called, they called the right number. I told them I was moving out once the lease was up. they called a couple weeks later and I told them again that I was moving out when the lease was up. I had a friend staying with me but he never moved any of his stuff in and they gave me a ton of crap about that. I told them he wasn't living there but he wanted to rent the place when I moved out at the end of January... so in mid-February they call me and tell me I owe rent for February even though I moved out a few days before January ended, plus they tacked on late rent fees, because I didn't give written notice that I was moving out. I did tell them on the phone 4 times that I was moving out. they told me the house was trashed and there would be all kinds of damage costs. after they took my $950 deposit, they said I still owe just under $1600. the house was spotless when I moved out. any damages were there before I moved in. the back yard was full of weeds, which took a good 20 hours for me to remove myself. and then another 20 hours worth of my time to remove them again after they grew back. can I charge them for that? anyways, when I was on the phone with them, I argued that the house was clean when I moved out. the lady laughed, said "see you in court," and hung up on me. today I got a letter in the mail that said that I missed my court date on the 22nd so they won the case and I have to pay just under $1600. I was never notified of a trial date. since I did not appear in court, they automatically won the case. any advice would be much appreciated!! thanks in advance


    This is Ophion speaking.

  2. #2
    Recruit
    Points: 5,662, Level: 22
    Level completed: 23%, Points required for next Level: 388
    Overall activity: 0%
    Achievements:
    Veteran5000 Experience Points

    Join Date
    Dec 2009
    Location
    Clive
    Posts
    120
    Points
    5,662
    Level
    22
    Thumbs Up
    Received: 0
    Given: 0

    Re: anyone in the realty business??? need some help

    Your screwed!



  3. #3
    Rookie
    Points: 11,836, Level: 32
    Level completed: 84%, Points required for next Level: 114
    Overall activity: 0%
    Achievements:
    1 year registered10000 Experience Points
    Bamacyclone's Avatar
    Join Date
    Jan 2012
    Location
    SE
    Posts
    399
    Points
    11,836
    Level
    32
    Thumbs Up
    Received: 22
    Given: 18

    Re: anyone in the realty business??? need some help

    I'd wouldn't pay the 1600. Sounds like bs scam to me. Go get a little legal advice, since renter rights law vary by state.

    Do a post mortem on the experience. Always read/understand the fine print on contracts. Verbals mean zip. Document every notification/agreement in writing.



  4. #4
    Addict
    Points: 65,363, Level: 79
    Level completed: 33%, Points required for next Level: 1,087
    Overall activity: 14.0%
    Achievements:
    Veteran50000 Experience Points
    demoncore1031's Avatar
    Join Date
    May 2008
    Location
    Albuquerque,NM
    Posts
    5,540
    Points
    65,363
    Level
    79
    Thumbs Up
    Received: 98
    Given: 105

    Re: anyone in the realty business??? need some help

    yeah, I was thinking about burning down their office too. that might be fun!! thanks though bama, I found a renters agreement document online for the state of nm so im gonna read over it later today and start looking for a cheap attourney. I wonder if my lawyer friend in ft. dodge would defend me from across the country!!


    This is Ophion speaking.

  5. #5
    Speechless
    Points: 452,567, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 7.0%
    Achievements:
    SocialRecommendation Second ClassVeteran50000 Experience PointsOverdrive
    brianhos's Avatar
    Join Date
    Jun 2006
    Location
    Trenchtown
    Posts
    39,714
    Points
    452,567
    Level
    100
    Thumbs Up
    Received: 264
    Given: 36

    Re: anyone in the realty business??? need some help

    Call a lawyer, and have that lawyer call your old landlord. As soon as they realize you will not just roll over, they will settle it for a lot less.


    They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin 1775

  6. #6
    Speechless
    Points: 729,857, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 55.0%
    Achievements:
    SocialVeteranCreated Album pictures50000 Experience PointsOverdrive
    Cyclonepride's Avatar
    Join Date
    Apr 2006
    Location
    A pineapple under the sea
    Posts
    47,430
    Points
    729,857
    Level
    100
    Thumbs Up
    Received: 1,287
    Given: 631

    Re: anyone in the realty business??? need some help

    I think everyone goes through this kind of thing at least once.

    I had an apartment maybe 15 years ago, and called them a month ahead of my lease ending to let them know I was moving, and was told to send a letter for written confirmation. So I did.

    After a walk through in which they told me that no one had ever left the apartment so clean, they informed me that they were keeping my deposit because my written noticed arrived 28 days before moving out rather than 30.

    Had another one where there was a fire in the next apartment, and they inspected mine for damages that day. When I went to move. They found water damage behind a couch and table from the fire, and kept my deposit because I didn't inform them about it.

    So the lesson is that land lords are sometimes slime and read the hell out of your lease or rental agreement and follow it to the letter.



  7. #7
    Addict
    Points: 93,293, Level: 95
    Level completed: 8%, Points required for next Level: 1,757
    Overall activity: 10.0%
    Achievements:
    Veteran50000 Experience Points
    cytech's Avatar
    Join Date
    Apr 2006
    Location
    Hiawatha, Iowa
    Posts
    6,202
    Points
    93,293
    Level
    95
    Thumbs Up
    Received: 11
    Given: 7

    Re: anyone in the realty business??? need some help

    I did a quick search and was not able to find the answer. In Iowa verbal contracts are legally enforceable in regards to the leases I fill out for renting storage garages. May be something to look into for the state of New Mexico.

    Did you take any time stamped photos of the place after you cleaned it up?



  8. #8
    Pro
    Points: 57,704, Level: 74
    Level completed: 44%, Points required for next Level: 846
    Overall activity: 8.0%
    Achievements:
    Veteran50000 Experience Points

    Join Date
    Nov 2006
    Location
    Madison, WI
    Posts
    2,190
    Points
    57,704
    Level
    74
    Thumbs Up
    Received: 98
    Given: 487

    Re: anyone in the realty business??? need some help

    Are you a first time renter or just irresponsible?

    Sounds like you let yourself get ****ed over by not meeting standard obligations like providing written notice. Did you document the condition of the house or do a walk through with a rep when you left?

    You might be able to get the judgment set aside due to improper service but that doesn't necessarily get you off the hook.


    I was a victim of a series of accidents, as are we all.

  9. #9
    Addict
    Points: 85,011, Level: 90
    Level completed: 71%, Points required for next Level: 539
    Overall activity: 78.0%
    Achievements:
    1 year registered50000 Experience Points
    Cyclonesince78's Avatar
    Join Date
    Mar 2012
    Posts
    5,630
    Points
    85,011
    Level
    90
    Thumbs Up
    Received: 1,013
    Given: 1,129

    Re: anyone in the realty business??? need some help

    Quote Originally Posted by demoncore1031 View Post
    yeah, I was thinking about burning down their office too. that might be fun!! thanks though bama, I found a renters agreement document online for the state of nm so im gonna read over it later today and start looking for a cheap attourney. I wonder if my lawyer friend in ft. dodge would defend me from across the country!!
    Click image for larger version. 

Name:	demotivational-posters-remember-office-space-burn-building.jpg 
Views:	283 
Size:	44.1 KB 
ID:	19304



  10. #10
    Recruit
    Points: 3,640, Level: 17
    Level completed: 48%, Points required for next Level: 210
    Overall activity: 0%
    Achievements:
    1000 Experience PointsVeteran

    Join Date
    May 2010
    Posts
    105
    Points
    3,640
    Level
    17
    Thumbs Up
    Received: 2
    Given: 0

    Re: anyone in the realty business??? need some help

    Seems like a lot of missing information still based on your story. What did your lease/written contract state in terms of providing notice (most would say in writing so your verbal/call would not satisfy that), restoration/inspection/walkthrough upon lease/contract termination, etc? Also, you stated that you received a letter in the mail. Its hard to believe that you were not served proper notice of having to appear in court! As others stated, you probably need to get a lawyer, but you'll need to weigh the costs of that vs what you owe.



  11. #11
    Addict
    Points: 99,041, Level: 97
    Level completed: 99%, Points required for next Level: 9
    Overall activity: 8.0%
    Achievements:
    Veteran50000 Experience Points
    Clonefan94's Avatar
    Join Date
    Oct 2006
    Location
    Schaumburg, IL
    Posts
    6,030
    Points
    99,041
    Level
    97
    Thumbs Up
    Received: 150
    Given: 53

    Re: anyone in the realty business??? need some help

    Sounds like this is a lesson learned. 30 day notice is pretty standard stuff, going to be really tough getting out of that. Believe it or not, that clause protects you as much as the owner. You might be able to fight on the deposit, but good luck with that.

    My first apartment had the laundry facility outside my back door. Well, there was a loose pipe somewhere because it was always leaking water into my apartment hallway and bathroom. I called them constantly on it and tried to have them either steam clean or replace the carpet because it was now obviously moldy. The floor in the bathroom had buckled and was coming apart and I tried to get them to fix that as well. I documented everything, as well as all the work that I did to repair the stuff, while they didn't do a thing. When I moved out, they tried to hold my deposit for "failure to clean" Luckily my brother-in-law was an attorney, so he wrote up an invoice for me, with pictures and receipts detailing all the work I had done. Totalling about $1000 more than the deposit was. All I got was my deposit check back, with a letter from their attorney, outlining all the stuff they could still charge me for if I wanted to persue this further.

    It's definitely a downside of renting, once you sign that lease, it seems they are pretty much able to bend you over any time they wish and have their way with you. My B-I-L said we could easily fight it, but by the time you get any money from them, it wouldn't be worth the hassle. Might as well just take the deposit and be happy you got that. And this was a group who was in clear violation of the lease, not giving me safe living conditions. I was only 2 months from the end of the lease though, so I just went through the motions, figuring I'd get out the easy way.



  12. #12
    Speechless
    Points: 398,355, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 67.0%
    Achievements:
    SocialOverdriveVeteran50000 Experience Points
    Wesley's Avatar
    Join Date
    Apr 2006
    Location
    Omaha
    Posts
    58,738
    Points
    398,355
    Level
    100
    Thumbs Up
    Received: 547
    Given: 345

    Re: anyone in the realty business??? need some help

    Security deposits are just hidden cost of renting.


    Let my Fred's Posse Ride: Georges, Naz, Hogue, Bryce, Nader, Monte, Matt, and McKay.

  13. #13
    All-Star
    Points: 57,672, Level: 74
    Level completed: 42%, Points required for next Level: 878
    Overall activity: 2.0%
    Achievements:
    Veteran50000 Experience Points
    CycloneGB's Avatar
    Join Date
    Jul 2010
    Posts
    1,913
    Points
    57,672
    Level
    74
    Thumbs Up
    Received: 52
    Given: 36

    Re: anyone in the realty business??? need some help

    Quote Originally Posted by Chitownclone2 View Post
    Seems like a lot of missing information still based on your story. What did your lease/written contract state in terms of providing notice (most would say in writing so your verbal/call would not satisfy that), restoration/inspection/walkthrough upon lease/contract termination, etc? Also, you stated that you received a letter in the mail. Its hard to believe that you were not served proper notice of having to appear in court! As others stated, you probably need to get a lawyer, but you'll need to weigh the costs of that vs what you owe.
    Agree with this. Seems like a lot of holes yet. There's always two sides to these stories (usually neither are 100% accurate). It's hindsight now so anything you need to accomplish will most likely deal with getting some legal advice and see how much you can prove.

    Make sure to take the lesson out of it though and read your agreement thoroughly. Always document everything from the day you move in, even if they seem like the perfect carefree landlords. I always take pictures of all damage, even the stuff you can barely see, the day I move in, and take tons of pictures of every inch when I move out.

    It's a pain and you usually never end up having to use them but it's worth it when they try to stick it to you and you have all the information you need to prove them wrong.



  14. #14
    Pro
    Points: 70,609, Level: 82
    Level completed: 51%, Points required for next Level: 841
    Overall activity: 4.0%
    Achievements:
    Veteran50000 Experience Points
    Cyclones_R_GR8's Avatar
    Join Date
    Feb 2007
    Location
    Omaha
    Posts
    3,375
    Points
    70,609
    Level
    82
    Thumbs Up
    Received: 234
    Given: 441

    Re: anyone in the realty business??? need some help

    I think a lawyer is going to cost as much as the $1,600 so who do you pay ? The sleazy landlord or the sleazy lawyer just for the satisfaction.
    I'm curious about what happened to the guy that was staying there without his stuff that was planning on renting the place after you left ?
    Also how was the lease written ? Was it an open ended month by month after the initial term expired ? I personally have never gotten a dime back on a lease and I had one that was a total disaster when I moved in. Broken windows, food stuck on the kitchen walls etc. . .


    They say country music speaks to the heart. Unfortunately, it has to go through your ears to get there.

  15. #15
    All-Star
    Points: 20,161, Level: 43
    Level completed: 35%, Points required for next Level: 589
    Overall activity: 3.0%
    Achievements:
    10000 Experience Points1 year registered

    Join Date
    Mar 2012
    Posts
    1,063
    Points
    20,161
    Level
    43
    Thumbs Up
    Received: 94
    Given: 450

    Re: anyone in the realty business??? need some help

    Quote Originally Posted by CycloneGB View Post
    Agree with this. Seems like a lot of holes yet. There's always two sides to these stories (usually neither are 100% accurate). It's hindsight now so anything you need to accomplish will most likely deal with getting some legal advice and see how much you can prove.

    Make sure to take the lesson out of it though and read your agreement thoroughly. Always document everything from the day you move in, even if they seem like the perfect carefree landlords. I always take pictures of all damage, even the stuff you can barely see, the day I move in, and take tons of pictures of every inch when I move out.

    It's a pain and you usually never end up having to use them but it's worth it when they try to stick it to you and you have all the information you need to prove them wrong.
    I moved out of an apartment and the landlord showed up at the next place I moved into. He was yelling at me saying I trashed the place and he was keeping my deposit plus taking me to court for more money. I said I took pictures before I left, so he decided not to take me to court. He also said I didn't return the keys which is a lie, so he took out an order with the city that wouldn't let me within 100 feet of the apartment building.

    I love renting!!!



Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
  • TV: FOX
  • Iowa State vs. Baylor
  • September 27, 2014
  • 07:20 PM