THE BORE

General => The Superdeep Borehole => Topic started by: The Fake Shemp on August 04, 2008, 10:51:30 PM

Title: So, now I am going to sue my landlord!
Post by: The Fake Shemp on August 04, 2008, 10:51:30 PM: My landlord and I did not end on good terms. He first accused me of not giving him the last month's rent AFTER I gave him my notice, which I had to prove with bank documents AFTER he demanded to enter my premises (which I later found out was illegal) and threatened me. I kind of threatened him with litigation and he seemed to back off.

Today, I got my security deposit. Minus a thousand dollars. He put an itemized deduction list of repairs - including cleaning the unit (which I have time stamped photos of), repairing things already broken (a garbage disposal installed in the 60s, old screen door) and FIVE HOURS to remove garbage. Needless to say, I actually put all the garbage in trash recepticles or stacked in an organized fashion OUTSIDE the premises. I did put a desk out to the curb for pick-up, but that person never came and he took a sledge hammer to it. Neighbor friend that still is there said all in all, it took him maybe 30 or 40 minutes.

I think he believes because I'm a twenty-something male and 3,000 miles away, I'll let him bend me over. So I am sending him this letter:

Mr. XXXX XXXXXXXX,

I received an improper amount of my security deposit and have under good authority that I was inappropriately charged for deductions on an incomplete itemized deduction list.

I have included a copy of Civil Code Section 1950.5 below, which states I must receive contact information for all parties responsible (unless it is just the landlord) and receipts for all materials and repairs. For instance, I have under good authority that it did not take any contractor five hours to dispose of any waste left outside the premises and furthermore, it lacks any receipt from Waste Management. As for the actual premises, I have retained time stamped pictures of the unit, along with third-party testimony of the cleanliness of the unit and a written statement of your initial walkthrough of the unit, prior to my departure, for legal purposes. Painting the unit or filling holes are not valid deductions. Receipts for any screen door or window replacements must be included, as both were in such condition prior to my move-in date of January.

You also are in violation Civil Code Section 1954, when you illegally demanded to enter the premises in a non-emergency capacity and without advance notice on Wednesday, July 9th and threatened my credit afterwards in a near physical confrontation. Afterwards, you put up a written notice to surrender the premises under false pretenses and failed to recognize them after several phone calls. Any landlord may not abuse the right of access or use it to harass the tenant under California tenant law. I have retained written statements, documentation, phone logs and the names of people present on the premises during the altercation for any legal purposes. Anyone who violates this civil code can be sued for up $7,500 in small claims court.

By California state law, you must provide detailed documentation for all repairs and services within fourteen calendar days after the tenant receives an itemized deduction list. Failure to send detailed documentation or the additional deposit can result in being sued for twice the amount of the initial security deposit under "bad faith" retention in small claims court.

Sincerely,

Will Federman

Cc: XXXXXXXXXXXXX
Title: Re: So, now I am going to sue my landlord!
Post by: Joe Molotov on August 04, 2008, 11:00:49 PM: Stick it to The Man. :rock
Title: Re: So, now I am going to sue my landlord!
Post by: The Fake Shemp on August 04, 2008, 11:02:32 PM: You're married and living the white American dream - you're The Man!
Title: Re: So, now I am going to sue my landlord!
Post by: The Fake Shemp on August 04, 2008, 11:10:20 PM: Evangelist Republicans?
Title: Re: So, now I am going to sue my landlord!
Post by: The Fake Shemp on August 04, 2008, 11:18:57 PM: We don't control America, we just tell Americans what to buy!

spoiler (click to show/hide)
Wii Fit!
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Title: Re: So, now I am going to sue my landlord!
Post by: The Fake Shemp on August 04, 2008, 11:27:43 PM: Nah, I won't do a public court or anything. We'll see how he reacts to this notice. If he fails to provide receipts or anything, we'll move towards small claims court. If he provides receipts, I'll estimate the work out to local contractors to see if his numbers add up (they won't). I'll also contact Waste Management in regards to the garbage issues.

Personally, I think he has a gambling problem or something, so he won't want to get caught up in legal stuff. I haven't checked the legitimacy of whatever business he's using to run the units, but most independent landlords don't properly execute the business/real estate law stuff. If I had to take a stab, he'd fall in that majority.
Title: Re: So, now I am going to sue my landlord!
Post by: bagofeyes on August 04, 2008, 11:27:53 PM: rip his dick off
Title: Re: So, now I am going to sue my landlord!
Post by: laesperanzapaz on August 05, 2008, 12:52:17 AM: :bow WIllco

steering the ship of Evilbore with one mighty hand, bitchslapping wallet-exploiting thieving capitalists with the other
Title: Re: So, now I am going to sue my landlord!
Post by: BobbyRobby on August 05, 2008, 01:27:48 AM: landlords are scum. i just lost my security deposit. he said changing a light globe was $50 worth of labor. I'll admit we trashed the place a little, but not $2000 worth.

i'm friends with the current tenants (something he is unaware of), and i visited to find out half of the stuff he said he was replacing had not been replaced.
Title: Re: So, now I am going to sue my landlord!
Post by: DJ_Tet on August 05, 2008, 07:22:52 AM: Good for you. 'Security deposits' are the biggest scam going, I've yet to not get screwed when I leave a place. That led to my last place being left a mess. If I'm going to get screwed out of the deposit no matter what, fuck if I'm scrubbing the place down.
Title: Re: So, now I am going to sue my landlord!
Post by: Kestastrophe on August 05, 2008, 08:46:23 AM: Wow, you're security deposit must have been expensive. My current place was only $40, but my place on campus when I was in college was $600. Legally the most they can charge you is 1.5x one month's rent for a deposit.
Title: Re: So, now I am going to sue my landlord!
Post by: Howard Alan Treesong on August 05, 2008, 11:17:09 AM: I lost $10,000 in 5 years to three different "key money" security deposits on Japanese apartments, boo fucking hoo to you.
Title: Re: So, now I am going to sue my landlord!
Post by: Brehvolution on August 05, 2008, 11:31:43 AM: Not trying to screw people over is un-American in the business world.
Title: Re: So, now I am going to sue my landlord!
Post by: Tauntaun on August 05, 2008, 02:43:54 PM: Hope you get your money back Willco-dillco. :-* That's my pet name for you until I come up with something cuter. :-*
Title: Re: So, now I am going to sue my landlord!
Post by: Eric P on August 05, 2008, 02:49:37 PM: Quote from: Synthesizer Patel on August 05, 2008, 11:17:09 AM
I lost $10,000 in 5 years to three different "key money" security deposits on Japanese apartments, boo fucking hoo to you.

can you explain this?
Title: Re: So, now I am going to sue my landlord!
Post by: Howard Alan Treesong on August 05, 2008, 04:25:38 PM: Quote from: Eric P on August 05, 2008, 02:49:37 PM
Quote from: Synthesizer Patel on August 05, 2008, 11:17:09 AM
I lost $10,000 in 5 years to three different "key money" security deposits on Japanese apartments, boo fucking hoo to you.

can you explain this?

most Japanese apartments require you to pay:

2 months rent as a security deposit
1-2 months rent as "key money" (moving in fee)
1-2 months rent as "thanks money" (additional money paid to the landlord)

Of these, you may get 50% or less back of your security deposit. "Key money" and "thanks money" are never returned, even though they're "supposed" to be.

Key money and thanks money have to be repaid every two years (once the rental contract expires)

My apartments had rents of $500, 600, and $900 / month, so that was like $2000, $3000, and $5400, respectively.
Title: Re: So, now I am going to sue my landlord!
Post by: Howard Alan Treesong on August 05, 2008, 04:30:34 PM: http://en.wikipedia.org/wiki/Key_money#Asia

They sort of conflate key money and thanks money there, but most Japanese apartments count them separately.

Also, I should mention that Japanese apartments always replace the tatami in between tenants, so that's a guaranteed hit to your deposit you can't argue with (in the U.S. you can at least pretend you didn't trash the place).
Title: Re: So, now I am going to sue my landlord!
Post by: Brehvolution on August 05, 2008, 04:34:47 PM: :wtf
Title: Re: So, now I am going to sue my landlord!
Post by: Human Snorenado on August 05, 2008, 04:59:01 PM: Oh hell naw, this guy picked the wrong jew to fuck with!
Title: Re: So, now I am going to sue my landlord!
Post by: TVC15 on August 05, 2008, 05:19:35 PM: Thanks money? THANKS MONEY?
Title: Re: So, now I am going to sue my landlord!
Post by: Human Snorenado on August 05, 2008, 05:35:20 PM: Quote from: TVC 15 on August 05, 2008, 05:19:35 PM
Thanks money? THANKS MONEY?

Just another piece of evidence showing that Japan is a culturally deficient wasteland. If not for their tasty food, we would probably nuke them from orbit.
Title: Re: So, now I am going to sue my landlord!
Post by: APF on August 05, 2008, 05:47:10 PM: Their tasty food is, "hey eat this raw fish." They literally charge more for not preparing it for you.
Title: Re: So, now I am going to sue my landlord!
Post by: max_cool on August 05, 2008, 07:06:53 PM: If you're a bad enough dude to sue, you're a bad enough dude to get a lawyer. All the codes and laws in the world don't mean shit unless you know the case histories behind them.
Title: Re: So, now I am going to sue my landlord!
Post by: The Fake Shemp on August 05, 2008, 07:09:02 PM: Why would I get a lawyer for small claims court. I'm Jewish, I've got free legal counsel within my extended family.
Title: Re: So, now I am going to sue my landlord!
Post by: Tauntaun on August 05, 2008, 07:32:32 PM: Quote from: Willco on August 05, 2008, 07:09:02 PM
Why would I get a lawyer for small claims court. I'm Jewish, I've got free legal counsel within my extended family.

:bow
Title: Re: So, now I am going to sue my landlord!
Post by: Rman on August 05, 2008, 08:18:16 PM: What a dick. Landlords can be such scum.
Title: Re: So, now I am going to sue my landlord!
Post by: Powerslave on August 05, 2008, 08:36:09 PM: Willco is so fucking smart look at that letter omg.
Title: Re: So, now I am going to sue my landlord!
Post by: Madrun Badrun on August 05, 2008, 08:46:23 PM: Quote from: Powerslave on August 05, 2008, 08:36:09 PM
Willco is so fucking smart look at that letter omg.

It's just the suit.
Title: Re: So, now I am going to sue my landlord!
Post by: xnikki118x on August 06, 2008, 12:55:30 AM: Totally awesome! I bet he shits a brick when he gets that notice. Keep us posted. :D

:bow Willco :bow2
Title: Re: So, now I am going to sue my landlord!
Post by: Flannel Boy on August 06, 2008, 11:18:36 AM: Quote from: xnikki118x on August 06, 2008, 12:55:30 AM
:bow Willco :bow2

.