Problems with a Lease at an Apartment.

rjr120 · August 29, 2009, 06:26:48 PM

LOL, If only that were legal!!

ChriswUfGator · September 08, 2009, 09:42:22 PM

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

rjr120 · October 17, 2009, 05:36:13 PM

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 â€œfixedâ€ 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 â€œfixesâ€ 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 donâ€™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 Iâ€™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 â€œexpensive crown moldingâ€ 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 managerâ€™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, â€œHey, we didnâ€™t know the unit was in such a poor condition. Weâ€™re sorry and this should help make up for it.â€ 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 donâ€™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 Iâ€™m being told differently and made to feel that I should feel extremely grateful to get what I have. Do not move here, itâ€™s not worth over paying just to receive nothing but one hassle after another.

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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.

rjr120 · October 17, 2009, 05:38:10 PM

Part 2 of 3:
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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 â€œ3-Day Notice to Remit Payment or Vacate Premisesâ€ 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 â€œdo what it takesâ€ and that she cannot expose her other tenants to the â€œrisksâ€ 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 â€œ22 move ins despite the lies you said in your reviewâ€. 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 â€œhad no business locking her doorâ€.

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 canâ€™t understand why he would â€œbe around a hateful person like meâ€. He also said that she was willing to â€œsee what she could doâ€ 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 â€œaltercationâ€ 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 â€œhis special friendâ€ 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 â€œrenovatedâ€ 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 â€œknows what the policies areâ€ 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.

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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 plumberâ€™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 couldnâ€™t figure out what was wrong and that it couldnâ€™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

rjr120 · October 17, 2009, 05:41:35 PM

Part 3 of 3:
*******
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 â€œrenovationsâ€ 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 â€œsealed the matterâ€. 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 â€œfallenâ€ after we moved out of the apartment. She quickly implied that we broke it on purpose and that â€œthe whole unit had to be replaced because you canâ€™t get just the light coverâ€. 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 didnâ€™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.

******
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 â€œjudgmentâ€ 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.

*******

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.