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Strange Famous Forum > Social stuff. Political stuff. KNOWMORE

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Awww mn



Joined: 03 Jul 2002
Posts: 2511
Location: barbary coast
Has anyone here ever sued anybody?  Reply with quote  

I'm moving into a new apartment, because I got a greedy landlord who not only pulled some illegal shit making me pay for maintenence repairs, but is trying to fanagle her way out of refunding me my $500 security deposit. When I confronted her about it, she got all crazy and defensive yelling "Ya wanna take it to court?!" and I was baffled and confounded because we had always been really civil with each other.

Then I go to the Sf Tenants Union and tell them the story, and yep...they confirmed that not only are all the signs there that she is probably going to mail me $50 out of a $500 security deposit for frivolous, imaginary repairs, but all the repairs I paid for in the past I was not liable for. So this woman owes me $775, which is a lot for broke-ass college student like myself. The Sf Tenants Union advised that I take her to small claims court. I am intimidated by this because I've never sued anybody. Litigious Audrey in the house, y'all?

Can anyone offer me any court advice? I know this is going to be different cause there aren't going to be any lawyers involved (thank god).
Post Thu Aug 01, 2002 10:23 am
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dabinduppes



Joined: 03 Jul 2002
Posts: 615
Location: FULLERTON
 Reply with quote  

my parents sued my school district in 4th grade for gross neglagence...it was dope.


anyways it costs a small amount in the state of cali to file a claim, have receipts. The Tenants union should be able to steer you in the right direction though, kinda help with advice on the process and local laws. i think she was trying to call your bluff on the court deal. Stick it to her ass.


good luck
Post Thu Aug 01, 2002 10:46 am
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td3



Joined: 30 Jun 2002
Posts: 2764
Location: Chicopee & Springfield, MA
I...  Reply with quote  

have BEEN sued:

http://www.mpaa.org/anti-piracy/press/2001/2001_06_13.htm

i have been paying out of my ass, and will continue to do so for a while

(with no help from my parents.. they are lower middle class...so dont assume im a spoiled shit who's mommy is gunna pay...expensive lesson to be learned... and i think it was worth it because im "too legit to quit" now)


:cry:

td3
Post Thu Aug 01, 2002 12:28 pm
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vintge
is vintge vince? vince vintge vincge?


Joined: 17 Jul 2002
Posts: 4334
Location: LA
 Reply with quote  

that is some crazy shit. i always wondered if they ever caught and charged anyone for pirating.
Post Thu Aug 01, 2002 1:49 pm
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td3



Joined: 30 Jun 2002
Posts: 2764
Location: Chicopee & Springfield, MA
yea,,,  Reply with quote  

i was the first to get sued by the mpaa

t
d
3
Post Thu Aug 01, 2002 2:24 pm
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dabinduppes



Joined: 03 Jul 2002
Posts: 615
Location: FULLERTON
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oops..i posted in the wrong thread...dumbass

Last edited by dabinduppes on Fri Aug 02, 2002 8:40 am; edited 1 time in total
Post Thu Aug 01, 2002 2:58 pm
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Awww mn



Joined: 03 Jul 2002
Posts: 2511
Location: barbary coast
how to handle a blood thirsty landlord  Reply with quote  

August 1, 2002

Linda Bader
685 Frederick St
San Francisco, CA 94117

RE: Security Deposit and Repair Costs

Dear Mrs. Bader:

I respectfully request that you refund my security deposit of $500 plus the $225 that I have paid for maintenance plumbing repairs during the 3 years of my residency at 685 Frederick St.

Under California Civil Code Section 1950.5, money can only be withheld for damage caused by me beyond normal wear and tear as well as "reasonable" cleaning charges. I have tried to appease you and ensure that no outrageous deductions be made from my deposit by cleaning the house thoroughly, recaulking the bathroom tub, and shampooing the carpets in my room, even though I was not obligated by law to do so. I also have removed all of my belongings, sans the sofa, Van Gogh poster, and magazine rack that your daughter and my former roommate Amanda Wasserman voiced that she wanted. The deductions that you have made are in my opinion frivolous and unreasonable. I hope you will refund me the fair amount, so as to not complicate matters any further.

As for repairs, I have read my agreement thoroughly and understand that the residents are liable for cost of repairs except for wear and tear. During my 3 years of residency, we have had a recurring problem with the plumbing. Four times, food has come up our bathtub due to shoddy engineering and an unreliable 13 year old garbage disposal. Two of the four times we were unable to remedy the problem and were forced to pay for plumbing costs totaling $ 225 each. I have kept documentation. You stated that we caused the problem by "stuffing food down the garbage disposal", which is the exact purpose of a garbage disposal. After receiving counseling from the SF Tenants Union, it is my understanding that 13 years is beyond the life of the average garbage disposal, and I have witnessed other household facilities such as the dishwasher break down for the same reason: wear and tear.

Under California Civil Code Sections 1941-42, the San Francisco Housing Code, and the San Francisco Health Code define the landlord's obligations to make and keep my home in habitable condition and plumbing facilities are kept in good working order. I understand that food coming up our bathtub repeatedly making it impossible to bathe falls short of this requirement.

I will expect payment from you within 5 days. If you refuse to refund me the fair amount of my security deposit as well as reimbursement for the plumbing charges that I am certain I am not liable for, I shall pursue my claim in Small Claims Court as well as punitive damages and legal fees for the inconvenience this has caused me. Please call me if you have any questions.

Sincerely,

Audrey Le
Post Thu Aug 01, 2002 3:27 pm
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vintge
is vintge vince? vince vintge vincge?


Joined: 17 Jul 2002
Posts: 4334
Location: LA
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even though at first i thought it may be silly for you to have posted the whole letter, i read through it and am so happy you decided to post that. my roomates just got charged our whole deposit ($1500) plus an additional $900 for things in our apartment. if you saw the house we lived in when we moved into it youd be suprised it was worth that much money all together. now im gonna send that to my roomates who want to pay him and see that there may be hope.
Post Thu Aug 01, 2002 5:28 pm
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dabinduppes



Joined: 03 Jul 2002
Posts: 615
Location: FULLERTON
 Reply with quote  

OOOoooohhhhh burn!


nice letter...
Post Fri Aug 02, 2002 6:21 am
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Abinatra



Joined: 04 Jul 2002
Posts: 1621
eh  Reply with quote  

have ALL reciepts ready.....
pics will be helpful also
Post Fri Aug 02, 2002 8:08 am
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MessiahCarey



Joined: 01 Jul 2002
Posts: 10924
 Reply with quote  

Lesson one.

Take pictures, WITH YOUR LANDLORD PRESENT as soon as you move in.

Peace,
Shane
Post Fri Aug 02, 2002 9:42 am
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Andvil



Joined: 01 Jul 2002
Posts: 343
Location: Morgantown, WV
agreed  Reply with quote  

yeah when I moved into my house last year, me and my friends video taped the entire place, nooks, crannys, everything. it helped cause we told the landlord we did that and we got all of our security deposit back. we were only gonna get like $50 but we got all of it
Post Fri Aug 02, 2002 10:21 am
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tinkleDRINKER



Joined: 25 Jul 2002
Posts: 788
 Reply with quote  

take her ass to court brother!

i was in a sitituation a few years back where i refused to send my landlord the final moths rent, because i did not think he had any intention of refunding my security deposit- which was one months rent. i felt this way because he consistently neglected my reqeusts for repairs, and was always busting my balls about rent - it was due on the 5th, and he would call on the 2nd wondering where his cash was. basically i thought he was a prick and did not think he was going to be fair about the wear that i had caused to the house.

so, the guy takes me to court for the last month's rent, because it was detailed in the lease that "rent should not be witheld from the the landord under ANY circumstances" and "can never be swapped for the security deposit". hence, my landlord had a valid reason for taking me to court and furthermore had a lease signed by me stating that i could not do what i did.

the day of court arrives and i'm nervous, because i don't know shit about law, the court system, or anything. what i did was explain to the judge why i refused to pay the landlord - citing examples of his neglegnce in the past. the landlord did his thing with the signed lease, etc.. and the judge sided with me- i did not have to pay the last months rent. and like i thought my landlord charged me out the ass for things like carpet cleaning and trash removal.

the point is! that the laws are in place to protect the tenents as well as the the landlord and from my experience the court is more apt to side with the person being taken advantage of. also, this may not apply to every judge, but the judge that tried my case was more than understanding about my ignorence concernig the law. he seemed to realize that i was only trying to protect myself, but did not have the vocabulary or knowledge to do so, and he sort of navigated me through the procedure. it was actually a really positive experience.

well that is my story. hope it helps. and i hope your experience is as positive as mine

bye bye
Post Fri Aug 02, 2002 11:42 am
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donovan39



Joined: 29 Jul 2002
Posts: 18
Location: St. Catharines, Ontario
MPAA got me, but not as bad....  Reply with quote  

YA Mpaa is a bitch

I was getting so much free shit, then they made me stop or i would be in the same situation as u td3, except i wasnt selling. And by the time I got back into it with proper protection against them catching me I just quit because I had lost all my connections and school was starting again. I think that was a good idea seeing the hole you are in....

good luck man

-Don
Post Fri Aug 02, 2002 3:48 pm
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themanifestdestiny



Joined: 30 Jun 2002
Posts: 124
Location: Wisconsin
since I'm moving into a new place in 2 weeks  Reply with quote  

I'd just like to thank everyone for the advice. I know it wasn't for me or anything, but I'm getting as much photographic evidence as possible when I move in in 2 weeks.
Post Fri Aug 02, 2002 4:42 pm
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