Metro Jacksonville

[If this is the wrong forum for this post I apologize.  I need to speak up and this forum seemed like the best fit.]

The land of opportunity!  A car in every garage!  Rags to riches!  A sense of community and belonging!  Equal treatment for all!

These are just a couple of the grandest of ideals that come to mind when the “American Dream” is invoked today.  When the housing market took a turn for the worst and the stocks began to crash the news media began to tout the strength of the “American Spirit” and that, though there will be some hurt and anguish, we will all band together and find the strength to pull one another from the tar pit of an economy in recession.  Even today the media spreads stories of recovery and show how everything has turned out, for the most part, ok.  Neighbors are helping neighbors to keep one another’s tragedies from reaching as deep circumstances could have.  Though this may be partly true, in the vast majority of cases in Northeast Florida, it is the farthest from the truth as anything could possibly be.

As it turns out, Florida Law only protects those that have had the money and influence to write them.  For those members of the community who rent their homes it situation is even more tragic than what has happened to homeowners.  As it turns out, there are only a few situations in which an average citizen in Jacksonville can protect themselves from a Landlord who bears them ill will.  A property owner or their agents cannot “discriminate” against individuals due to gender, race, or creed.  The property is also required to be maintained within a “reasonable” time by the owner if any such situation arises, however if rent payments become an issue then this particular item is legally thrown out the window.  The following serves to illustrate how bad the current economic climate in Northeast Florida remains and how, when one enters a lower level of financial standing, the government and the community don their rose colored glasses and turn their backs on those that are suffering:

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6/26/2009

I was excited when my partner of nine years and I were apartment searching and saw that Bella Terraza Condos had been extensively remodeled.  I had lived in the complex years before when they were known as Regency Lakes and had a great experience.  The apartments were a bit dated then but were in good shape and well worth the price.  When I saw they had been remodeled I thought that it would be great.  When I toured the complex, their models looked nice and the unit I eventually moved into appeared to be nice and in good shape.

The unit I moved into had not been lived in for a year after the remodel so I did expect some minor one-time inconveniences that would normally be incurred when finding the small things that needed to be fine-tuned.  The problems ended up being major and recurring and they began about a week after moving in.

Immediately, large palmetto bugs began to appear in droves.  I initially thought that this was because the unit had been empty for such a long time.  However, after two months and several visits from pest control, they are still a major problem.  I have lived in many places in the state of Florida, and one place was on a hammock in the everglades on the edge of the swamp.  Even though I had to deal with pests in many of these places, none has been as bad as this place.

Four days after moving in cracks began to appear between the ceiling and the walls on EVERY interior wall in the unit.  The maintenance crew has been out twice so far to caulk and paint the cracks and they still keep appearing.  In fact, at the time of this writing, it has been just under two weeks since the last time the cracks had been “fixed” and they are starting to reappear.  I had suggested a onetime fix.  I am quite familiar with materials science and understand exactly what is causing the cracks to appear.  I also understand that the “fixes” being preformed will only mask the cracks for a short time and must be repeated often.  I suggested that inexpensive molding, something as simple as a strip of plain wood molding, would cover the cracks so I don’t have to keep seeing them appear on almost every wall of the unit.  I was told that the owner would not do it.

The washer/dryer unit is another problem.  One of the things I liked was that the unit included it.  The machine they put in the unit, however, I would not give to my worst enemy.  It is a ventless, all in one washer/dryer and the dryer does not work.  The washer initially worked fine, however after 12+ hours of continuous, uninterrupted drying (for one load) I had to take my laundry to the bath tub, wring out the water that was still dripping off of them, and hang them to dry (which of course made the clothes feel like a brillo pad).  Now I lose a whole day out of every week doing the wash so I can make it to the laundry mat before it closes to do the drying.  I can no longer do a couple loads every other day or so like I used to because I have to take everything three miles away to the laundry matt.  To top it off, the washer is now beginning to smell of sulfur and I have to run it empty with soap before washing anything in order to prevent my clothes from taking on that horrible smell.  All the staff is willing to do is send a technician out from the warranty company to say that it is fine and working properly.  The maintenance staff has even let on that there are newer machines in empty units that seem to be working better but the owner would not allow one to be transferred to my apartment and that I’ll have to deal with what I have.

The biggest problem I had was when I asked the complex to bring my rent down about one hundred dollars a month for having to deal with these reoccurring problems.  I tried to patiently explain that I agreed to pay what I was told was above market value for the specific amenities like having a washer/dryer.  I also let them know very politely that I expect to not have to worry about bug infestations and look at cracks on every wall of my unit.  During the discussion, I was repeatedly told that, as far as she (the property manager) was concerned the maintenance issues had all been fixed and that I had signed a legal document and was required to pay that amount and the owner would never compromise.  She also began to insist that all I was concerned about was that the going rate for my unit was lower this month due their current rent special and that all I wanted to do was get cheaper rent and she would not do it.  I was also told in this same meeting that I my suggestion about the molding was improper and that the owner will not put in the “expensive crown molding” that I had requested unless I pay for the materials.  As I said above, I just requested inexpensive plain molding to cover the cracks and I am not willing to pay to fix what, ultimately, the property manager and owner failed to have the contractor who remodeled the unit do.

I feel that this complex preformed what amounts to a bait and switch.  This place was a much more pleasant and convenient place to live before the new owner filled the units with cheap materials.  I also am abhorred at the property manager’s cold response to the issue, particularly the insistence that I just want cheaper rent because of their new rent special.  All I wanted was a good-faith adjustment in the rent that would say, “Hey, we didn’t know the unit was in such a poor condition.  We’re sorry and this should help make up for it.”  I was told once I was paying above market, then that my monthly rent was a special and that I was already paying below market.  The answer keeps changing so I don’t know what it is.  The special I received was the first month free and that was it.  No special rent price, just the first month free.  Now I’m being told differently and made to feel that I should feel extremely grateful to get what I have.

7/11/2009

Maintenance came out to attempt to repair the problems within twenty-four hours after submitting and requesting a copy of a maintenance request form.  Bug bombs had been used for the palmetto bug problem that, so far, appears to have been slightly more effective than the normal pest control.  Two large palmetto bugs have been spotted since the bug bombs were deployed, both of whom were very much alive.


The repair technician from the warranty authorized repair shop for the washer/dryer had also been called out to look at the machine again.  A noticeable trend has developed with this machine.  Every time the technician tinkers with the unit, it is drained so it can be worked on.  The dryer appeared to operate the way it was supposed to when the first load was run through after being examined by technician.  The second load, however, never dried.  The detergent dishes (where you add in the detergent and bleach for the washer) were also completely dry after the technician had visited.  After the first load had been washed, however, the detergent dish remained wet and the bleach dish completely filled with water.  The water remains in the detergent dishes, and most likely the washer drum, until it is drained by the technician again.  The sulfurous smell also has returned.  The washer must be run empty, now WITH detergent, in order to avoid having the laundry take on the smell.

The dishwasher has also recently starting going on the fritz.  Sometimes no water runs through the unit at all, sometimes only the dishes in the bottom bin are cleaned while those in the top bin receive a sprinkling of water.  Maintenance also checked on this and stated there was not a problem they could find.  To this date, the dishwasher is still functioning sporadically.

The cracks in the walls had also been temporarily repaired.  Of course, about a week later, they are starting to appear again.  In addition, the cracks in the kitchen were not addressed at all.  Unfortunately, so many layers of paint added have been added to cover the cracks that they now form stripes around the top of the walls that are visible at all lighting levels.

One additional comment for this addendum remains to be made.  The Property Manger has informed my roommate and I, over the phone, that she has read my review and finds it very rude.  As a resident who turns my hard-earned income over to this property I have the right to expect the apartment to be what I was lead to believe it was before moving in.  I almost wish I had been looking to buy so I would have had a home inspection report to warn me away from this place.

7/23/2009

My partner, now of just over nine years earlier this month, has lost the job he had for the last four years.  His employer has lied to the State, so far successfully, in order to have the unemployment compensation he is entitled to denied.  His Union is trying to help the situation but unfortunately, due to both company and State policies, the process is going to take more than several months before he is likely to see a dime.  He will either eventually receive his job back with back pay or win a settlement in court for wrongful termination, however the time it is taking to make this happen is taxing, both mentally and financially.

I am currently a junior studying chemistry as a non-traditional student and working at the on-campus bookstore.  In order to stay afloat the couple credit cards we do have were maxed and the checking and savings accounts exhausted.  As a student, the major portion of my income consists of federal financial aid that is disbursed to me three times a year.  This is supplemented by my job at the bookstore but decreased business during the summer months also means decreased hours for part-time employees, including myself.

We have been trying to obtain some form of help but have found that we are individuals that have fallen into the cracks.  I do not have enough income to obtain a loan in the traditional way because my student aid is not allowed to be considered as income by the financial institutions.  I cannot qualify for local, state, federal, or community aid because my student income IS considered and places me just beyond their statutory or procedural maximums.  The fact that I am a full-time student automatically disqualifies me from the Florida food stamp program so my partner and I are now feeding ourselves off of a benefit intended to feed one person.  Even though my credit falls into the “excellent” category for now, I am still judged a high risk because of the same reasons that render getting a loan impossible.

In addition, my partner is suffering from a severe medical condition that has caused him sever and persistent pain since 2003.  Now that he is involved with the University of Florida’s Shands teaching and research hospital we are nearing a diagnosis but, in the meantime, it closes a lot of doors for him.  He has already been let go from a new job in the first week because he contracted sever pneumonia and was hospitalized.  Because we are unfortunate to be living in Florida they legally decided that he is “not a good fit” for the company and terminate him.  It is also highly suspected that the real reason behind his termination from his original job was due to the high use of the medical benefits provided by the company via the Union contract.

My biggest fear now is being able to pay the rent.  Because we have had issues with the property concerning the lack of working appliances and an unwillingness to fix them I am expecting problems.  In addition to the original complaints, the dishwasher now no longer cleans any dishes on the top rack even when the lower rack is left empty.  It is now being used as a dish drainer for the hand washed dishes.  The garbage disposal has become another problem.  About every other day I have to turn it on a leave it running while I run water in the sink.  If I do not then the sink backs up.  I know how to use a disposal properly and keep it clean however the property management thinks otherwise.  The palmetto bugs have also returned and I have observed them coming in from the front door does not seal because it is hung crooked.

8/7/2009

My rent for August is now two days late and I have already received a “3-Day Notice to Remit Payment or Vacate Premises” from my landlord who is also unwilling to help or compromise in any form.  I have been informed that if the rent is not paid by the 12th of August she will not, and legally is not required to, except payment in any form as she files the evection papers with the court.  She has made it clear that because I do not want to drop out of school that I am lazy and unwilling to “do what it takes” and that she cannot expose her other tenants to the “risks” I have brought onto her property.  My partner and I have been trying to meet personally with her but, conveniently, she is always unavailable and her leasing agent is not authorized to handle our situation.  We have now sent a second certified letter explaining the situation and requesting her assistance.  Along with our maintenance requests, the bill for communicating with this property is becoming quite large.

8/12/2009

We have finally been able to catch the property manager while she was in the office and she could not turn us away.  We started the meeting civilly with my partner doing the talking as the manager and I do not get along.  She was initially sympathetic towards my partner but, only five minutes into the conversation, she began to tout how he had “22 move ins despite my false review” that I had posed on www.apartmentratings.com (http://www.apartmentratings.com).  From that point on it got ugly.  As I have had enough of both the property and her, I let my partner stay to talk and I excused myself.  Just as she had the last time we had a discussion with her she decided to follow me out in order to try to provoke me into doing something she could use against me.  As I started to unlock the door her leasing agent had locked on her way out to show an apartment so yelled at me that I “had no business locking her door”.

When my partner returned he told me that she sympathized with him and his medical condition and that normally she could only push off filing evection papers until the first of September.  I was to supply a copy of my financial aid award and my fall schedule to her and she would try to convince the owner to work with us, however unlikely she thought that would be.  She also admitted that the positive review (for the complex) that was posted on ratings web site in response to mine, though not posted by her, was posted by a friend who she told what to right.  To any readers how check out this web site, I had to have the “drama queen” references she made about me removed.  I did know before she talked to my partner that she at least told someone what to write as we do not know anyone in this complex and have only had contact with the property office and the maintenance staff.  At least we now know that our personal business has now been made public to anyone she decides to speak too.

My partner also filed yet another maintenance request for the same problems we have been having since April.  When he asked for a copy he was told that he could not have one because we could use it against her.  Though that was rude of her it was ok, just another $5 certified mail fee for us.

It was what my partner told me next that indicates to me that she had no intention of helping us with anything other than leaving her property as quickly as possible.  First, she stated that the maintenance guy for the complex was most likely not going to respond quickly as he did not like our “altercation” with her a month ago and that there were always air conditioning units that are breaking down and they legally obligated to fix those before anything in our apartment.  She also told my partner to tell “his special friend” that I am no longer allowed in or around the property office.  If she decides to make this official it now means that I no longer have access to the pools, the gym, the laundry area they have been saying they were installing for five months now, or even the expensively remodeled club house that no one seems to use as they are all connected to the office.  It now appears, according to this property, that we are deserving of our fate because of our sexuality as well as for daring to speak up about overpaying for an apartment with non-functional appliances which they refuse to repair or replace.

8/13/2009

My partner dropped off my financial aid award to the property manager while I waited in the car.  I was not going to give her my fall schedule simply because I do not want her or anyone associated with her knowing where I would be and at what times for the next four months.  Unfortunately she had bad news for him.  The second letter we sent to her about the rent situation also sent certified to the property owner along with a copy of our first letter.  He was told that was highly improper and that owner only deals with business clients and under no circumstances will he talk to residents.  Hum, I guess the individuals who pay his bills via their rent are not worthy of his time.  Then again, a simple records search revealed to us that the company has changed its name and put the mansion in Ponte Vedra Beach it was originally located at up for sale.  She told my partner that he stated to her that she “knows what the policies are” and that she is to file the eviction papers immediately.  She also let him know that this is a direct result of the negative review that I had posted online.  I guess this review has affected the business more than I could have hoped for.  As far as the maintenance issues are concerned, he was also told that the maintenance guy felt that he did not have to respond to request at all because of our actions against the complex.

8/14/2009

I was finally able to find a contact with Legal Aid through a legal professor at the university.  Unfortunately, because the rent is late, I was informed that nothing can be done.  Because the demand date had come and gone, our only hope is to come up with the rent and hope the landlord will accept it.  I tried to find out if the blatant retaliation against us for my use of my freedom of speech and our sexuality could become a factor but I was advised that it was a separate issue and, under Florida Law, because our rent was not paid then that trumps any other issues we may have.  Apparently, everything that they are doing to us so far is perfectly legal in the State of Florida.  It is unfortunate that in America, the law dictates that those with money and influence hold the power to aid or destroy the lives of those that have been born into a lower caste.

We will still go to the Legal Aid office and line up at six-thirty in the morning.  Maybe they will be able to help with my partner’s unemployment issue, but we have been advised to use any money we do come into to secure another place to live as it appears that we will be evicted from our current residence one way or another.  We are still trying the several community organizations referenced to us by the United Way’s 2-1-1, but those whose phone lines do not give a continuous busy signal have stated that the judge must have already signed the eviction order before they can help.  The confusing part is that once the order is signed, the writ is executed in twenty-four hours.  What help could they be at that point?

We have no money to secure another apartment until mid September and no means to move our belonging from the apartment before they are moved to the property line.  I have already seen how this happens here.  The “abandoned” property is placed by the property line just inside the fence where it cannot be accessed by anyone except those allowed on the property.  It is unfortunate that it is expected that the eviction process against us will be completed before I receive enough money to attempt to move our stuff.  My partner cannot help to move anything due to his condition so that leave me to figure out what to do.

Classes start in just over one week and I’m already stressed to the max.  My degree track is extremely hard but, as usual, I’m expected to have everything “taken care of for me by family” so I can “focus on my studies”, or so I’ve been told on several occasions.  I’m 32 years old and have already dropped out of school once in order to keep rent paid and food in the pantry.  If my family were able to help out they would have already done so.  I am dreading a return to serving food to these same people that look down on those of us in the lower American Castes.  On the bright side, I have received the “sympathy” of many individuals who could have helped, but didn’t.  All I know at this point is that, without legal representation, the people who own and operate this property will destroy the two of us and it is all perfectly legal.

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This country was founded in a time of economic strife unjustly exerted by wealthy aristocrats and monarchs from thousands of miles away.  The colonists, exhausted from the rigors of life in an “untamed” land, grew tired of their victimization and banded together.  Though not all the colonists agreed, most realized that their only means of survival was to band together and help their neighbors.  In return, their neighbors helped them.

These people were able to overcome tyranny and found a new nation. This same theme has been repeated many times since that time with the Native Americans, women's suffrage, the abolition of slavery and eventually the civil rights movement, and currently the gay rights movement.  Though these all concern grand ideals they still contain one common thread that can help the many households affected by the recent economic times.  When communities band together, miracles can happen.  Neighbors can prevent one another from being forced to face oblivion, both financially and personally.  Hopefully it is not too late for this author, but so far no help or hope is forthcoming.

I agree, I would get the hell out.

I was going to work on-site at Bella Terrazza when the place was going condos (for sale). I walked off the property 4 hours into my 1st day because of the many problems the place had.

If the same owners are there and are now leasing the property as apartments, your best bet would be to leave...

QuoteI have lived in many places in the state of Florida, and one place was on a hammock in the everglades on the edge of the swamp.  Even though I had to deal with pests in many of these places, none has been as bad as this place.

Wow, that's saying something about the pest problems.

QuoteI feel that this complex preformed what amounts to a bait and switch

Yep, that's what it sounds like. Great advice from Stephen. I would definitely follow that and I think it's a good idea taking your case to the web. Some folks don't know the power that has to hurt their business. I suspect the prop. agent had an idea as she was pretty upset about the bad review. I'm not sure what good advice I can offer to help except I'm sure there are plenty of good places to rent that will be a much better experience. If you don't mind me asking, what were you paying? Perhaps someone on this board knows of a good place that will be in your price range. Springfield might be a good start as it's a very gay friendly neighborhood.

I would also do as the Romans do and do everything you can to sink that place!

Banks are running from Condos and Townhouses, too  many out there. Yet, we see new apartment complexes, like the one off Southpoint parkway going up. Boggles the mind.

Well I will personally decline to join the revolution due to a bad apartment.  I think everyone that has rented for any length of time runs into the apartment from hell.  But Stephen is right, the eviction process is very well defined and a pain in the butt for all concerned usually both parties will try to avoid it at all cost.  Does you lease have an option for mediation between the two parties.  If not your best bet is to walk away.  Was your financial aid intended for your tuition.  If so, using it for rent was a bad idea.

I'm not familiar with the law and make no pretense otherwise.  I only have a comment and I'm sure someone among our members will know the proper procedures.  I've often heard that if one is having a legal problem and can't seem to find the right answer, one should look for a "hungry" lawyer, one who will work on a contingency basis.  I think that means they get a big percentage but only get paid if you do.  Some of the attorneys advertising on TV about handling accidents or social security problems say they work that way.  You're probably already doing this but Second Harvest or Gleaners Dispatch may offer food which you can obtain merely by going there.  Many churches have free meals available and Gleaners Dispatch has a weekly community dinner in Callahan on each Wednesday beginning at 5 or 5:30 pm.  Perhaps something like that might be available in your area.  Would SSI be an option for your partner?   Again, I've only heard about that and am not familiar with requirements, etc., but it might be worth looking into if you haven't already.  Should you be looking for a better job, Work Source might be an option. They're on the net. 

It always stinks to hear stories about a terrible landlord. There are certainly plenty of idiots and scumbags out there who have no business trying to be landlords.

That being said, I think the opening rant of the first post is very inaccurate.

First of all, Landlord-Tenant law is generally tilted in favor of the tenant! The landlord must follow procedure correctly, otherwise he can't evict people. And if the tenant actually knows his rights, he can really stick it to a landlord who doesn't properly maintain the unit.

Second, legal aid offices handle these kind of disputes all the time - not to mention that all the relevant law can be easily found for free online. It's not "America's" fault if renters choose not to inform themselves of their rights until it's too late.

I think it's really important not to blame "the system" here, especially when the system works quite hard to protect renter's rights compared to the complete and utter lack of protection under the old common law. It should be considered a lesson learned, and a reminder to everybody that a renter needs to read the relevant landlord-tenant statutes. If you know the rules ahead of time, it will turn out much better.

Quote[I almost wish I had been looking to buy so I would have had a home inspection report to warn me away from this place.
/quote]


Home inspections are largely worthless, IMO. As bad as this place sounds, they probably would have reported some things, but I doubt it would have been an accurate reflection of the entirety of the problems.  

Sorry it took awhile to respond to all of your responses.  I had changed my email address with the site and it took awhile to get an activation request sent out.  Obviously I got it so I'm back in!

Thanks for the advice Stephen.  That's actually a lot more information than ANYONE has been willing to give me so far.  A couple days ago I did speak to someone at Legal Aid.  I received his number from a professor at UNF.  According to him there is nothing that can be done if the rent is delinquent.  He said that evictions in NE Florida average anywhere from two weeks to a month once the summons had been served.  His advice was, if we could not get the rent in time to deposit with the court within five days of the summons the eviction is automatically granted to the landlord.  He also said that, even if we did deposit the rent with the court, because it was past the date of the 3 day demand notice then the landlord will most likely prevail.  Because of this he said a better use of our money would be to secure a new place to live instead of losing it by depositing it with the court.

We haven't received the summons yet.  My partner has been continuing to attempt discussions with the landlord as I am no longer allowed in or near the property office.  The leasing agent (the property manager is out on vacation for the week) did say that their law firm normally hand-walks all the paperwork through their contacts in the court house the same day so evictions happen very quickly.  The situation is a mess.

They also let us now that the carpets must be professionally steamed cleaned at our expense before we leave.  Apparently this is a newer policy (meaning our lease is older than this policy) for all move outs and their apartment move out forms require the receipt for the cleaning or it will not be accepted by the property.  As the lease says nothing about the carpets except that we are responsible for any damage that might have occurred I don't think this requirement is legal.  It sounds fishy at best to me.  Yet another slap in the face from this property.

I do feel I need to clarify the intent behind my posting.  It seems that some members are thinking that I am blaming the system for my problems.  I am not.  For renters in Florida, the system does supply some minimal protections for the tenants but, overwhelmingly, the statutes are slanted toward the landlord.  Everything I've read makes it seem that the burden of proof lies mostly with the tenant except in cases where there are blatant code violations.

Yes, the landlord must follow procedures as well, but low income individuals often don't have the resources available to protect themselves or understand the subtle nuances that the law offices representing landlords know like the back of their hands.  I have the benefit of knowing how to think critically, however that does not mean I understand every bit of the statues as well as a law firm like the one the property owner employs.

After several months of being told there was nothing wrong with our unit and that their apartments are perfect, we spoke out in the only way we knew how.  Our blog post WAS posted as anonymously on the ratings website, but unfortunately we were identified because you can't hide the details of the situation.  The manager, by her own admission, wrote her own review in which she attacked us and had a friend post it for her! Since then we have been told that the maintenance guy would not come back to our unit because of our posting and, even though they could work with us if they chose, they will not solely because we spoke out about their unprofessional handling of the matter.  Apparently we were supposed to keep our mouths shut and jump however high they tell us to whenever they tell us to do it.

I know that if this is happening to me then it is happening to others.  My specific situation is not the only way that low income individuals are being taken advantage of.  Not all property owners are pure evil, but in Northeast Florida a lot of the “big box” properties are close to it.  If you don't have a lot of money then you can't afford a lawyer.  If you don't have a lawyer then the property can get away with a lot more than it otherwise could.  This type of situation should be an outrage to the community no matter if it someone being evicted for speaking out or being fired from their job for using their medical benefits too often!  The latter is why my partner was terminated from his job, though it is nearly impossible to prove unless you can navigate the law VERY well.

Just as a community of individuals banded together to defeat a tyrannical monarch two and a half centuries earlier, this community can come together and demand that situations like these stop.  This is the only way change can happen. The community must declare that enough is enough and demand that things be fixed.  If things are not fixed then the community must hold those entrusted with the job responsible for their lack of action.  I just find it infuriating that minimal help is available to low income individuals and, when it is found, it tends to be very bleak.  It may be too late for my personal situation but something can still be done to protect people in the future.

Though I will accept and listen to advice about my situation (it is very much appreciated so THANK YOU!!), one of the major intents behind this post is to start a discussion.  Change only happens when it is demanded by a strong, unified community.  Too often people just tend to sympathize and then go on with their busy lives thinking "it will never happen to me".  It is hard work but the only way things will improve is if all of us put in the effort.  America can only be as good as the citizens who live here.

"They also let us now that the carpets must be professionally steamed cleaned at our expense before we leave.  Apparently this is a newer policy (meaning our lease is older than this policy) for all move outs and their apartment move out forms require the receipt for the cleaning or it will not be accepted by the property"

If its not in your lease or the lease was not modified you are not legally required to do that.  They can set all the policies they would like, but your lease spells out your requirements.  Sounds like a true apartment from Hell, run away!

1: Stephen is correct in how you would generally file a response, but unfortunately there's a lot more to it than that.

Suits for eviction are generally broken into "Count I" and "Count II", with Count I being the claim in equity asking the court to issue a writ of possession returning the premises to landlord, and subjecting you to the actual "eviction" process, by which the Sheriffs show up and all your stuff gets carted to the curb.

Count II will be the claim for damages seeking the past due rent, late fees, and any other claimed damages that the landlord is asking the court to issue a final judgment for, ordering you to pay that amount.

As to Count I, the law provides that you have 10 days following your receipt of the summons to pay the claimed amount of past due rent into the registry of the clerk of court. If this doesn't occur, then the landlord is automatically entitled to a summary judgment on Count I as a matter of law.

Unless you pay the money into the registry, you won't even get a hearing as to Count I, and you would have no defenses even if you did. That part of it is a done deal, and whoever said evictions generally take about a month from start to finish was right on the money.

But unless you can come up with the rent + late fee, then I really wouldn't bother wasting your time writing a response to anything in Count I. The judge literally won't even read it.

As to Count II, you are entitled to a hearing as to the calculation of damages to be included in the final judgment, and you are entitled to demand that the landlord present evidence documenting the claimed amount owed. And this can't simply be an affidavit from the property manager stating "So and So owes $X,XXX.XX", which a lot of them try to pull off. Make sure you go to this hearing and defend yourself, as the amount of the final judgment will likely be a small fraction of what it would be if you don't go.

At the hearing, you should request time to review all of their evidence, and if the Affidavit from the Property Manager thing is the game they're trying, then you should object to the entry of that document, on the basis of authenticity, and point out to the Court that the document drafter or another person with knowledge of the calculation is not present to certify that it is a true and correct copy, and that the calculation is correct as intended, and so the introduction of the affidavit must be barred, along with any attachments.

If the property manager does show up with their lawyer (unlikely), they will probably bring bills for carpet cleaning, etc. with them. Review these, and if you see something like two grand to clean a carpet, then raise a stink, and say that this doesn't represent a reasonable charge, and is not standard in the industry. Actually, you can argue every amount they claim, regardless of amount, and probably should just for good measure.

The landlord will also be seeking as part of Count II any vacancy losses during the period there was nobody in the unit, following your departure. If they are asking for anything more than a month, object to the calculation and assert the defense of failure to mitigate. Florida courts vary, but will generally not hold you on the hook for more than a month' vacancy loss, or two at the extreme, or in the alternative the amount of time remained under your lease, whichever is LESS.

Landlords have a duty to mitigate their damages by leasing the unit as quickly as possible, and if they're claiming like 6 months' worth of vacancy loss (a lot of them try this), then make sure you shoot this down as I have described above.

Additionally, if you see any damages claimed that are not provided for in the lease agreement, then make sure you assert a contract defense that you never agreed to accept liability for that sum in the first place. Pay special attention to whether your lease contains an attorneys fee provision. If it does not, and they are asking for their costs and attorneys' fees in either Count I or Count II, then you should object to these being included in the calculation of damages, because you are not required to pay them. Absent any contractual agreement to the contrary, it is impermissible to award attorneys fees except in sanctions/contempt situations. If there is no attorneys fees provision in the contract, object to the fees.

If they've pled fees and costs in Count I, assuming there is no attorneys fees provision, then file a written objection ONLY to that portion, cite the lease agreement's lack of a fees and costs provisions, and then attach your lease agreement to your pleading. Make sure you read your lease and determine whether there is a fees provision.

2: You have the right to file a counterclaim, and collect damages (or in this case achieve an offset off the amount of the final judgment) for the living conditions you experienced, which yielded a net reduction in the present rental value of the premises. You are entitled to the difference between the amount of rent you were obligated to pay, and the actual reduced value of the premises due to the ongoing maintenance issues, the interference with your right to quiet enjoyment of the premises, and the nonfunctional additional amenities (dishwasher, w/d, HVAC, etc.), as an offset against the final judgment.

So put together a list before the hearing of everything you had to endure, in addition to collecting all your receipts and other evidence of expenditures you went through (if any) because of the condition of the unit. E.g., because of the non-functional washer/dryer you had to hire a laundry service, plus all your certified mail receipts for $5.50 a pop, that kind of thing.

Also do some research and find a couple apartments in the same area which lack the additional amenities your unit had but weren't functioning. So find out what the rent difference is between an apartment in that area WITH a washer/drier, dishwasher, etc., vs. WITHOUT those amenities. You are entitled to the net reduction in rental value caused by the lack of promised amenities, for as long as they weren't functioning. Which sounds like the entire time you were there. But be prepared to document how you came up with your calculation. It would be especially fantastic if the same complex had units with and without these amenities, and you could determine how much extra they charge for them, though this is probably unlikely.

Make sure you argue every calculation of damage they present, and object to any piece of paper they try to submit unless the person who created it is there to authenticate it. They will try to get away with evidentiary murder, because they know you won't have counsel. Also present every possible rationale for granting an offset, including:

1: Asserting what's called "Partial Ouster", and arguing that the apartment was virtually unlivable, due to the roach / pest infestation.

2: Counterclaiming for any additional expense you went through as as result of the conditions the landlord allowed to exist on the property, and bring these receipts.

3: Counterclaiming for the difference in the agreed upon rental rate and the reduced net present value of the unit, given its condition and the fact that several amenities you paid for weren't functional the entire time you lived there.

4: Additionally, argue that the value was further reduced by the Property Manager's arbitrarily declaring the front of the complex and office area (which includes other amenities, like the pool and gym) were "off limits" to you.

Obviously, that's in addition to objecting to every aspect of their calculation of damages, and insisting that they provide proof (e.g., bills, etc.) beyond the property manager's affidavit.

God, there's still so much more. My fingers are tired. I will try to get back to this later.

Better yet just call me. I PM'd you my phone number.

There's just too much to type.

Hey ChriswUfGator, I tried to call you but couldn't seem to get through.  I also PM'ed you a couple times.

We have the received the summons and we are still struggling to try to find the funds to secure another apartment, let alone move our stuff.

If anyone can give me some advice please speak up.  Basically, the summons says that I must deposit ALL rent due with the court (we know this) and if I do not the eviction writ will be issued for immediate execution and no further notice will be given before they show up to kick us out.  It also says that unless all the money is deposited, we are not even entitled to have any hearing by the judge whatsoever.  Is there any type of protection at all so we don't loose all of our belongings?  Despite what others have stated in their posts, the statutes seem to be supporting the landlord in our case and not the tenant.

Why can't the landlord, in an obviously temporary situation, be forced to work with the tenant instead of just treating them like stray dogs?  I have a line on an apartment back in Riverside with a landlord I rented from in the past but I do not receive my funds until mid-September.

The courts won't tell me anything and Legal Aide said not to pay the money to the court by the five day deadline because we will loose all of it (not that we will have it before mid September).  This is confusing to me because, as stated above, the summons says that the writ will be issued without any further notice.  The gentlemen even agreed with me that Florida and Duval laws are, for the most part, pro-landlord and anti-tenant.  Beyond this he said that there is nothing else that Legal Aid can do for us and that there is really nothing that can be done in our defense.
 
The property manager had said she would push filing the paperwork with the court off until the first of September and for my partner to get back with her.  When he did she told him that both she and the owner were over our "drama" and just wanted us away from their "legitimate tenants".  Two days later (Aug 27 - not Sept 1) the summons were face out on our door displaying all of our information to whoever walked by the door.  Apparently the sheriff will show up to kick us out at any time after September 2 without any warning.

So, is their any hope or are we to be victimized again simply because we are low income?

In addition, I could not find out any other information about this Court II part.  I have photos, receipts, rents for comparable apartments around this area, and copies of all communications between the property and ourselves.  They finally fixed the garbage disposal and dishwasher (or at least appear to have) and, as I thought from the beginning, the problems were due to improper installation of the appliances and plumbing.  The dryer still does not work and no one has been out to fix it since May.

Sorry if this post feels a bit all over the place.  I've started my classes for the semester and the course load is heavy.  Trying to deal with this eviction thing is already causing me to fall behind in my work.  I'm try to chillax, as Stephen put it, just a bit hard too.

BURN IT DOWN BABY!

LOL, If only that were legal!!

Quote from: rjr120 on August 28, 2009, 02:44:47 PM
Hey ChriswUfGator, I tried to call you but couldn't seem to get through.  I also PM'ed you a couple times.

We have the received the summons and we are still struggling to try to find the funds to secure another apartment, let alone move our stuff.

If anyone can give me some advice please speak up.  Basically, the summons says that I must deposit ALL rent due with the court (we know this) and if I do not the eviction writ will be issued for immediate execution and no further notice will be given before they show up to kick us out.  It also says that unless all the money is deposited, we are not even entitled to have any hearing by the judge whatsoever.  Is there any type of protection at all so we don't loose all of our belongings?  Despite what others have stated in their posts, the statutes seem to be supporting the landlord in our case and not the tenant.

Why can't the landlord, in an obviously temporary situation, be forced to work with the tenant instead of just treating them like stray dogs?  I have a line on an apartment back in Riverside with a landlord I rented from in the past but I do not receive my funds until mid-September.

The courts won't tell me anything and Legal Aide said not to pay the money to the court by the five day deadline because we will loose all of it (not that we will have it before mid September).  This is confusing to me because, as stated above, the summons says that the writ will be issued without any further notice.  The gentlemen even agreed with me that Florida and Duval laws are, for the most part, pro-landlord and anti-tenant.  Beyond this he said that there is nothing else that Legal Aid can do for us and that there is really nothing that can be done in our defense.
 
The property manager had said she would push filing the paperwork with the court off until the first of September and for my partner to get back with her.  When he did she told him that both she and the owner were over our "drama" and just wanted us away from their "legitimate tenants".  Two days later (Aug 27 - not Sept 1) the summons were face out on our door displaying all of our information to whoever walked by the door.  Apparently the sheriff will show up to kick us out at any time after September 2 without any warning.

So, is their any hope or are we to be victimized again simply because we are low income?

In addition, I could not find out any other information about this Court II part.  I have photos, receipts, rents for comparable apartments around this area, and copies of all communications between the property and ourselves.  They finally fixed the garbage disposal and dishwasher (or at least appear to have) and, as I thought from the beginning, the problems were due to improper installation of the appliances and plumbing.  The dryer still does not work and no one has been out to fix it since May.

Sorry if this post feels a bit all over the place.  I've started my classes for the semester and the course load is heavy.  Trying to deal with this eviction thing is already causing me to fall behind in my work.  I'm try to chillax, as Stephen put it, just a bit hard too.

Quote from: rjr120 on August 28, 2009, 02:44:47 PM
Hey ChriswUfGator, I tried to call you but couldn't seem to get through.  I also PM'ed you a couple times.

We have the received the summons and we are still struggling to try to find the funds to secure another apartment, let alone move our stuff.

If anyone can give me some advice please speak up.  Basically, the summons says that I must deposit ALL rent due with the court (we know this) and if I do not the eviction writ will be issued for immediate execution and no further notice will be given before they show up to kick us out.  It also says that unless all the money is deposited, we are not even entitled to have any hearing by the judge whatsoever.  Is there any type of protection at all so we don't loose all of our belongings?  Despite what others have stated in their posts, the statutes seem to be supporting the landlord in our case and not the tenant.

Why can't the landlord, in an obviously temporary situation, be forced to work with the tenant instead of just treating them like stray dogs?  I have a line on an apartment back in Riverside with a landlord I rented from in the past but I do not receive my funds until mid-September.

The courts won't tell me anything and Legal Aide said not to pay the money to the court by the five day deadline because we will loose all of it (not that we will have it before mid September).  This is confusing to me because, as stated above, the summons says that the writ will be issued without any further notice.  The gentlemen even agreed with me that Florida and Duval laws are, for the most part, pro-landlord and anti-tenant.  Beyond this he said that there is nothing else that Legal Aid can do for us and that there is really nothing that can be done in our defense.
 
The property manager had said she would push filing the paperwork with the court off until the first of September and for my partner to get back with her.  When he did she told him that both she and the owner were over our "drama" and just wanted us away from their "legitimate tenants".  Two days later (Aug 27 - not Sept 1) the summons were face out on our door displaying all of our information to whoever walked by the door.  Apparently the sheriff will show up to kick us out at any time after September 2 without any warning.

So, is their any hope or are we to be victimized again simply because we are low income?

In addition, I could not find out any other information about this Court II part.  I have photos, receipts, rents for comparable apartments around this area, and copies of all communications between the property and ourselves.  They finally fixed the garbage disposal and dishwasher (or at least appear to have) and, as I thought from the beginning, the problems were due to improper installation of the appliances and plumbing.  The dryer still does not work and no one has been out to fix it since May.

Sorry if this post feels a bit all over the place.  I've started my classes for the semester and the course load is heavy.  Trying to deal with this eviction thing is already causing me to fall behind in my work.  I'm try to chillax, as Stephen put it, just a bit hard too.

Been outta town with my own drama, will find time to call you tomorrow. Got your PM and number.

Sorry for the delay.

-Chris

Ok, sorry for the amount of time that has passed since the last post I left.  The semester has been very trying for me.  I know that some of you were interested in what was going on so I will post my review from the apartment ratings website.  It is in a journal format to allow anyone to skip ahead if they have seen a portion of it previously.  It is a long post so this format should also help someone to read it in segments if they choose

I am still open to any help that anyone has to offer in dealing with the situation.  If you would like to give some advice, either post a reply or PM me!  Again, thanks to all that have offered advice thus far, it has not gone unappreciated!

This post, due to it's lenght, had to be split into three parts.

Part 1 of 3:
**********
6/26/2009

I was excited while apartment searching and saw that this place had been extensively remodeled.  I had lived in the complex years before when they were known as Regency Lakes and had a great experience.  The apartments were a bit dated then but were in good shape and well worth the price.  When I saw they had been remodeled I thought that it would be great.  When I toured the complex, the models looked nice and the unit I eventually moved into appeared to be nice and in good shape.

The unit I moved into had not been lived in for a year after the remodel so I did expect some minor one-time inconveniences that would normally be incurred when finding the small things that needed to be fine-tuned.  The problems ended up being major and recurring and they began about a week after moving in.

Immediately, large palmetto bugs began to appear in droves.  I initially thought that this was because the unit had been empty for such a long time.  However, after two months and several visits from pest control, they are still a major problem.  I have lived in many places in the state of Florida, and one place was on a hammock in the everglades on the edge of the swamp.  Even though I had to deal with pests in many of these places, none has been as bad as this place.

Four days after moving in cracks began to appear between the ceiling and the walls on EVERY interior wall in the unit.  The maintenance crew has been out twice so far to caulk and paint the cracks and they still keep appearing.  In fact, at the time of this writing, it has been just under two weeks since the last time the cracks had been “fixed” and they are starting to reappear.  I had suggested a onetime fix.  I am quite familiar with materials science and understand exactly what is causing the cracks to appear.  I also understand that the “fixes” being preformed will only mask the cracks for a short time and must be repeated often.  I suggested that inexpensive molding, something as simple as a strip of plain wood molding that would cover the cracks so I don’t have to keep seeing them appear on almost every wall of the unit.  I was told that the owner would not do it.

The washer/dryer unit is another problem.  One of the things I originally liked was that the unit included it.  The machine they put in the unit, however, I would not give to my worst enemy.  It is a vent less, all in one washer/dryer and the dryer does not work.  The washer initially worked fine, however after 12+ hours of continuous, uninterrupted drying (for one load) I had to take my laundry to the bath tub, wring out the water that was still dripping off of them, and hang them to dry (which of course made the clothes feel like a brillo pad).  Now I lose a whole day out of every week doing the wash so I can make it to the laundry mat before it closes to do the drying.  I can no longer do a couple loads every other day or so like I used to because I have to take everything three miles away to the laundry matt.  To top it off, the washer is now beginning to smell of sulfur and I have to run it empty with soap before washing anything in order to prevent my clothes from taking on that horrible smell.  All the staff is willing to do is send a technician out from the warranty company to say that it is fine and working properly.  The maintenance staff has even let on that there are newer machines in empty units that seem to be working better but the owner would not allow one to be transferred to my apartment and that I’ll have to deal with what I have.

The biggest problem I had was when I asked the complex to bring my rent down about one hundred dollars a month for having to deal with these reoccurring problems.  I tried to patiently explain that I agreed to pay what I was told was above market value for the specific amenities like having a washer/dryer.  I also let them know very politely that I expect to not have to worry about bug infestations and look at cracks on every wall of my unit.  During the discussion, I was repeatedly told that, as far as she (the property manager) was concerned the maintenance issues had all been fixed and that I had signed a legal document and was required to pay that amount and the owner would never compromise.  She also began to insist that all I was concerned about was that the going rate for my unit was lower this month due their current rent special and that all I wanted to do was get cheaper rent and she would not do it.  I was also told in this same meeting that I my suggestion about the molding was improper and that the owner will not put in the “expensive crown molding” that I had requested unless I pay for the materials.  As I said above, I just requested inexpensive plain molding to cover the cracks and I am not willing to pay to fix what, ultimately, the property manager and owner failed to have the contractor who remodeled the unit do.

I feel that this complex preformed what amounts to a bait and switch.  This place was a much more pleasant and convenient place to live before the new owner filled the units with cheap materials.  I also am abhorred at the property manager’s cold response to the issue, particularly the insistence that I just want cheaper rent because of their new rent special.  All I wanted was a good-faith adjustment in the rent that would say, “Hey, we didn’t know the unit was in such a poor condition.  We’re sorry and this should help make up for it.”  I was told once I was paying above market, then that my monthly rent was a special and that I was already paying below market.  The answer keeps changing so I don’t know what it is.  The special I received was the first month free and that was it.  No special rent price, just the first month free.  Now I’m being told differently and made to feel that I should feel extremely grateful to get what I have.  Do not move here, it’s not worth over paying just to receive nothing but one hassle after another.

********
7/11/2009

Maintenance came out to attempt to repair the problems within twenty-four hours after submitting and, this time, requesting a copy of a maintenance request form.  Bug bombs had been used for the palmetto bug problem that, so far, appears to have been slightly more effective than the normal pest control.  Two large palmetto bugs have been spotted since the bug bombs were deployed, both of whom were very much alive.

The repair technician from the warranty authorized repair shop for the washer/dryer had also been called out to look at the machine again.  A noticeable trend has developed with this machine.  Every time the technician tinkers with the unit, it is drained so it can be worked on.  The dryer appeared to operate the way it was supposed to when the first load was run through after being examined by technician.  The second load, however, never dried.  The detergent dishes (where you add in the detergent and bleach for the washer) were also completely dry after the technician had visited.  After the first load had been washed, however, the detergent dish remained wet and the bleach dish completely filled with water.  The water remains in the detergent dishes, and most likely the washer drum, until it is drained by the technician again.  The sulfurous smell also has returned.  The washer must be run empty, now WITH detergent, in order to avoid having the laundry take on the smell.  The smell can now be smelled, slightly, when running hot water in the bathrooms and kitchen.

The dishwasher has also recently starting going on the fritz.  Sometimes no water runs through the unit at all, sometimes only the dishes in the bottom bin are cleaned while those in the top bin receive a sprinkling of water.  Maintenance also checked on this and stated there was not a problem they could find.  To this date, the dishwasher is still functioning sporadically.

The cracks in the walls had also been temporarily repaired.  Of course, about a week later, they are starting to appear again.  In addition, the cracks in the kitchen were not addressed at all.  Unfortunately, so many layers of paint added have been added to cover the cracks that they now form stripes around the top of the walls that are visible at all lighting levels.

One additional comment for this addendum remains to be made.  The Property Manger has informed my roommate and I, over the phone, that she has read my review and finds it very rude.  As a resident who turns my hard-earned income over to this property I have the right to expect the apartment to be what I was lead to believe it was before moving in.

Please, investigate this property thoroughly BEFORE signing a lease.  I almost wish I had been looking to buy so I would have had a home inspection report to warn me away from this place.

Part 2 of 3:
********
7/23/2009

My partner, who has a debilitating medical condition due to hear surgery several years ago, lost the job he had for the last four years.  His Union is trying to help the situation but unfortunately, due to both company and State policies, the process is going to take more than several months before he is likely to see a dime of any compensation.  He will either eventually receive his job back with back pay or win a settlement in court for wrongful termination but the time it is taking to make this happen is taxing, both mentally and financially.  To top it off, my hours have been cut back at my job (I am a full time student working part time at the campus bookstore) in order to reduce labor costs during the slow summer months.

My biggest fear now is being able to pay the rent.  Because we have had issues with the property concerning the lack of working appliances and an unwillingness to fix them I am expecting problems.  In addition to the original complaints, the dishwasher now no longer cleans any dishes on the top rack even when the lower rack is left empty.  It is now being used as a dish drainer for hand washed dishes.  The garbage disposal has become another problem.  About every other day I have to turn it on a leave it running while I run water in the sink.  If I do not then the sink backs up.  I know how to use a disposal properly and keep it clean however the property management thinks otherwise.  The palmetto bugs have also returned and I have observed them coming in from the front door that does not seal because it is hung crooked.

*******
8/7/2009

My rent for August is now two days late and I have already received a “3-Day Notice to Remit Payment or Vacate Premises” from my landlord who is also unwilling to help or compromise in any form.  We have been informed that if the rent is not paid by the 12th of August she will not, and legally is not required to, except payment in any form as she files the evection papers with the court.  She has made it clear that because I do not want to drop out of school that I am lazy and unwilling to “do what it takes” and that she cannot expose her other tenants to the “risks” I have brought to her property.  She also said that the review I have left on this website had irritated the property owner and she has been instructed to get rid of us by any means possible.

My partner and I have been trying to meet personally with her but, conveniently, she is always unavailable and her leasing agent is not authorized to handle our situation.  We have now sent a second certified letter explaining the situation and requesting her assistance.  Along with our maintenance requests, the bill for communicating with this property is becoming quite large.

********
8/12/2009

We have finally been able to catch the property manager while she was in the office and she could not turn us away.  We started the meeting civilly with my partner doing the talking as the manager and I do not get along.  She was initially sympathetic towards my partner but, only five minutes into the conversation, she began to tout how he had “22 move ins despite the lies you said in your review”.  From that point on it got ugly.  As I have had enough of both the property and her, I let my partner stay to talk and I excused myself.

Just as she had the last time we had a discussion with her she decided to follow me out in order to try to provoke me into doing something she could use against me.  As I started to unlock the door her leasing agent had locked on her way out to show an apartment.   When I did so, she yelled at me that I “had no business locking her door”.

When my partner returned he told me that she sympathized with him and his medical condition and that normally she could only push off filing eviction papers until the first of September.  He said that she even stated that he should leave me and can’t understand why he would “be around a hateful person like me”.  He also said that she was willing to “see what she could do” and that I was to supply a copy of my financial aid award and my fall schedule to her.  Supposedly, she would try to convince the owner to work with us, however unlikely she thought that would be.

She also admitted that the positive review (for the complex) that was posted on this web site in response to mine, though not posted by her, was posted by a friend who she told what to write.  I know before she talked to my partner that she at least told someone what to write as we do not know anyone in this complex and have only had contact with the property office and the maintenance staff.  At least we now know that any personal business discussed with her will be made public to anyone she decides to speak too.

My partner also filed yet another maintenance request for the same problems we have been having since April.  When he asked for a copy he was told that he could not have one because we could use it against her.  Though that was rude of her it was ok, just another $5 certified mail fee for us to mail the request in.  It was what my partner told me next that indicates to me that she had no intention of helping us with anything other than leaving her property as quickly as possible.

First, she stated that the maintenance guy for the complex was most likely not going to respond quickly as he did not like our “altercation” with her a month ago.  Apparently, according to her, there are always air conditioning units breaking down and they are legally obligated to fix those before anything in our apartment.  She also told my partner to tell “his special friend” that I am no longer allowed in or around the property office.  If she decides to make this official it now means that I no longer have access to the pools, the gym, the laundry area they have been saying they were going to install for five months now, or even the expensively remodeled club house that no one but the office staff uses.  All of these amenities are directly connected to her office and therefore now off limits for me.

It now appears that, according to the property, we are deserving of our fate because of daring to speak up about overpaying for an apartment with on the verge of being a legally unternateable and their refusal to fix anything.  Apparently they find it easier to blame the contractor who “renovated” the place and the current ternate rather than actually fixing the problems.

********
8/13/2009

My partner dropped off my financial aid award to the property manager while I waited in the car.  I was not going to give her my fall schedule simply because I do not want her or anyone associated with her knowing where I would be and at what times for the next four months.  Unfortunately she had bad news for him.  The second letter we gave to her about the rent situation, which was also sent certified to the property owner along with a copy of our first letter, had been delivered.  He was told that was highly improper and that owner only deals with business clients and under no circumstances will he talk to residents.  Hum, I guess the individuals who pay his bills via their rent are not worthy of his time.  Then again, a simple records search revealed to us that the company has changed its name and put their mansion in Ponte Vedra Beach, where they were originally located at, up for sale.

She told my partner that he stated to her that she “knows what the policies are” and that she is to file the eviction papers immediately.  She also let him know, again, that this is a direct result of the negative review that I had posted online.  I guess this review has affected the business more than I could have hoped for!   He was also told that the maintenance guy felt that he did not have to respond to request at all because of our actions against the complex.

********
8/17/2009

My partner went to the property office and spoke with the leasing agent as the property manager was out on vacation for a couple days.  She informed him that, as far as she knew, the eviction was to be processed immediately and that they happen very quickly here as their lawyers walk all the paperwork thorough the system by hand and that they typically take two weeks to process through before we are moved off of the property.

She also said that we are to have the carpets professionally cleaned at our expense.  Apparently this is a new policy (as in newer than our lease).  He told her that this was not in our lease and she said that a lot of the current leases did not have that provision but all the newer ones do.  She had also told him that as long as it was obvious that they were clean and the lines from vacuuming could be seen that we would not have to have them steam cleaned.  When he told me this I pulled out our lease and confirmed that steam cleaning the carpets at our expense was NOT required anywhere in our lease.

He inquired about the property manager's insistence that the maintenance would not be preformed.  She appeared to be ok with having the maintenance done and forwarded the request to the gentleman whom we were told months earlier was weekend guy.

********
8/18/2009

Maintenance came over today to repair the dishwasher and garbage disposal.  This was a different gay as, apparently, the normal guy refuses to return to our unit as long as we are there.  After approximately two and a half hours he informed us of the following:

The water intake valve to the dishwasher was clogged by the plumber’s glue that was used on the pipes when installing it.  He said that was blocking about 25% of the water flow and that was most likely the cause of the problem.

There was a piece of plastic that was embedded deep inside the garbage disposal that was causing it to drain slowly on occasion.

So far they both appear to be working normally.  He said that he would return the next day to work on the door.  I find it very infuriating that he was able to fix the appliance issues in less than a couple hours while the normal maintenance guy, after spending thirty minutes or so tinkering around each visit, said that he couldn’t figure out what was wrong and that it couldn’t be fixed.  If these problems had been taken care of months ago I would have never had the need to post this review!

Pest control was finally sent out for the first time since the futile attempt at bug bombing.  After spraying around the apartment he said he would be out the next week.  Unfortunately more roaches were spotted in the evening that were very much alive and healthy

Part 3 of 3:
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8/19/2009

Maintenance returned and placed new striping around the door and installed a new guard on the bottom.  He showed me the original strip that was on the bottom of the door and pointed out where the rubber strips that were supposed to seal the door when it was closed were completely worn.  This supports our opinion of this property as all of the “renovations” in the unit were supposedly brand new when we moved in.  Why would the strips show what is normally years of wear and tear?  To this date, no one has bothered to look at the broken washer/dryer.

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8/20/2009

My partner called the property office and spoke with the property manager.  She said that she has tried working with us but my posting on this web site “sealed the matter”.  She informed him that both the owner and she are tired of dealing with the situation and that the eviction will be processed immediately.  She told us that the eviction process will take two weeks to complete.  She kept repeating her complaints about our web posting so he chose to end the conversation.

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8/26/2009

We have received our summons for the evictions proceedings today.  It only contained Count I, which is the physical eviction from the property, and contained no counts concerning any financial complaints.  No other contact as occurred between the property and ourselves.  We have since found an apartment with an old landlord of ours who we know personally and can trust and have now to only orchestrate the move.

I have also started gathering documentation on how much we have been overpaying when compared to the several apartment communities immediately surrounding this property who have better maintained properties and more and nicer amenities.  This is in addition to all the pictures I have amassed over the last several months.  If only I could post more than six photos!  If I had shopped around instead of just relying on my previous experience with the property, when it had different owners, then I could have avoided being yet another victim of the current owners.

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Around 9/14/2009:

My partner and I have successfully moved into a new apartment with a landlord who we know we can trust and who we have rented from in the past.  He called the property office to arrange a walk through and to turn in the keys as was told by the leasing agent that the walk through had already been done and the apartment looked very clean.  He was told that it was one of the cleanest units she had ever seen after a move out.  He made arrangements to drop off the keys that week and that was the end of the conversation.

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Around 9/19/2009:

My partner and I went to the property to return the keys.  He went inside and spoke with the property manager.  He was given a bill of almost $4000 which includes over $100 for cleaning the carpet and a substantial amount to replace the lighting fixture in the kitchen.  Apparently the cover of the cheap florescent lighting in the kitchen had “fallen” after we moved out of the apartment.  She quickly implied that we broke it on purpose and that “the whole unit had to be replaced because you can’t get just the light cover”.  This is a lie as it is cheap, standard, off the shelf fluorescent office lighting and all they have to do is walk into a lighting store and by a new cover.  As far as it being our responsibility, it was intact when we left the unit and we are NOT responsible for their destruction of their own property.
He was also told that the apartment was dirty and had a rotten smell. 

It is funny how we were told just the other day that the apartment was left in the better condition that when other tenets move out!  The smell was most likely the smell form the hot water that we had been complaining about from the time we moved it.  According to the property it is somehow our fault!  As with the light, they consider us responsible for their own inability to maintain their units.

At this point my partner didn’t want to listen to her lies any longer and left the office.  She made a point to say that she has already reported us to Safe Rent and that we will have a very hard time renting from anyone for a very long time.  At least we know that the apartment was rented to another victim so no additional rent is legally owed to them from us.

Once again, DO NOT MOVE HERE!  They will lie to you, cheat you out of  your hard earned money, then leave you high and dry if you every dare to stand up against them.

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10/16/2009

I have now been contacted by the debt collector hired by the property.  He was very rude and insisted that he was going to ruin my credit by placing the “judgment” against me for the money owed to the property.  After conducting a records search, no judgment could be found.  He also said that he has already made it so I would never be able to rent anywhere again for the rest of my life and that he will garnish any and all of my wages.

Already he is violating the laws that he is supposed to abide by.  Apparently neither the collector nor the property think that I am capable of knowing my rights and what the law requires of both myself and the other parties involved.

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Once again, I would like to thank all of you who showed interest in my situation.  I would continue to appreciate any advice on how to deal with it. 

I would also hope that by learning about my situation, others with influence could help to ensure that something similar doesn't happen to anyone else.