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View Full Version : im going to small claims court (apartment bs), do you think i stand a chance?


HeaT
11-27-2006, 08:11 PM
i typed some shit up quickly so you can see what the issue is. was wondering if yall think i stand a chance or if anyone has ever been to small claims over this or over anything and any tips...read might be long...

Sunday October 15th 2006, I wake up in the morning 10:00am to find that my bath tub had "back fired" black junk and a minimal amount of black water that would not drain. Immediately I contact the apartment manager to explain the situation. The manager had worked on fixing the problem but could not fix it. He tried different tools and also used Drain O. Before he left he used a whole bottle of Drain O and told me to let it sit over night and hopefully by tomorrow morning it will have done its job. In the mean time he said he would call a plumer to come on Monday to inspect this incident regardless. Sunday I did not have a place to shower. The manager made no offer of another apartment unit or hotel.

Monday October 16th 2006, I wake up to find that my bath tub is half filled with black water that smells bad, like sweage water. I call Dana the manager once again and let him know that the issue is not solved and that the plumber should come immediately. Dana says the manager will come and fix the problem today. The day goes by and no plumber comes, so I asked Dana what the deal was. He said the plumber was held up with other jobs and could not make it to my apartment today but DEFINATELY he will come tomorrow. Monday, I did not have a place to shower once again and there started being a bad smell. I went to the campus recreation center to shower.

Tuesday October 17th 2006, I wake up to find that the tub had back spilled and water was leaking into the carpet in my room. I call Dana immediately and tell him the problem has escalated and this needs to be solved NOW. He says the plumber will come out and fix the problem for sure. At this point the smell was making me nausious so I could not stay in my apartment, it was not healthy for me to stay there. I ask Dana if I can be reinbursed for staying at a hotel untill problem is fixed. He said he would check with the landlord Cheryl and tells me that he does not think that she will go for that but he says something about he taking care of my staying at a hotel. To me it sounded like he was going to pay out of his own pocket so I was not comfortable accepting this offer. 7:30pm comes and the plumber does not show. At this point, I start searching for other apartments because I was not given a livable unit for 3 days and I do not know when the problem is going to be fixed. I tell Dana that I want to move out and terminate my lease and that I would like my deposit back in full. He says he will talk to landlord. Tuesday I stayed with a coworker from work Christopher LaClair who knew about my incident and when it started.

Wednesday October 18th 2006 the landlord finially gets in touch with me and says the problem has been fixed and that everything is ok. I tell her that I went to check out the place and it still smells VERY awful from it being in the carpet and it is still not a livable unit. But she still tries to claim that is ok. I tell her that this is unexceptable and that I want my lease terminated and my deposit returned in full because I will be moving out immediately. She does not agree. In the mean time I have already contacted another partment complex and set things in motion for me to move in. I stay with my coworker from work again today. I told them the carpet should be changed as bacteria could have entered the carpet but all they did was "deep clean" it.

Thursday October 19th 2006. I talk to the landlord and still say that I am moving out and that it still smells, the manager tells her that it still smells but she does not believe the both of us. She brings her daughter to apartment to smell it and to smell it herself. Her daughter says and I quote "it smells mildoy". The landlord asks her daughter if she can tell a different bewteen the bathroom and the room and her daughter says "yes". The landlord at this point says that she does not smell anything an it is livable and she thinks that I am just trying to exist my lease for other reasons so she will not refund me the deposit. Additionally she says they did what they could to take care of the problem appropriately which I disagreed with. I stay with my coworker again today.

Friday October 20th 2006. My mother comes to help move me out. She still smells the bad smell. The water had leak into my closet from the bathtub that was on the other side of the wall. Pictures will show how it damage my pants and carpet and what color it left on both. I stay at the new apartment today.

Saturday Ocotber 21st 2006. My friends come to help me move and they still smell the oder. They can account for this as witnesses. I was completely moved out by today. I told them that I still want my deposit back in full and they still would not agree.

We came up with a contract for them to show my apartment to prospective buyers so they can take over my lease and they would pay me the deposit. Out of good faith and guesture and because I was trying to be nice in this situation, I agreed. When they found someone to take it over they wanted me to terminate my lease, not for the new tenant to take over my lease. And they would return the deposit minus the rent I owed them for the month of November. I told them I do not owe them anything because of the situation and that the lease was terminated when they could not provide me with a suitable place to live for almost a week. I told them I am done playing games if they do not return my deposit in full I am going to court (Nov. 20th).

im outi

Roberth

Will Gotti
11-27-2006, 08:18 PM
From what you've said, I say you definately have a solid case.

sainthuey
11-27-2006, 08:35 PM
Yeah you should be good to go, just make sure u got your camera, or evidence or w/e.

Peace

HeaT
11-27-2006, 11:38 PM
k thanks, i think they violated some tenant landord act thing, but im not sure which part of it, they say it is good to point that out...ill post up as to what happens after the trial...the shitty thing is i dont have pics of the overflooding cause i didnt think shit would esculate to court, i only have pics of how it left stains all over the place and that it had been worked on...but i have pics of the water leaving blue stains on the carpet and on my clothes...

im outi

Roberth

sainthuey
11-28-2006, 12:30 AM
If you are REALLY worried you can probably consult with a lawyer and he can tell you the 411, but that's if if you are really worried about it.

Peace

Ragetowersrage
11-28-2006, 03:54 AM
After watching a lot of People's Court, pictures will help you a lot. Along with other people to say "Yea, it stinks". So call up Jay Sherman for help.

Not really sure if you can just up an leave like that. Usually stank ass places can be fixed with Mold specialists, but you would have to move out for anywhere from a week or more. So the landlord would have to put you up in a hotel or another room, and that would be outta their pocket.

So I think since it became an unfit living condition, and the landlord refused to acknowledge it, or offer anything to help, you can gtfo if you need too.

Lv.32 Z-Ism Rose
11-28-2006, 06:27 AM
You stand a very good chance of winning there. IT became an unsanitary living condition, and those are grounds to break a lease. The landlord could have mitigated the loss of rental income by hiring a competent plumber that would actually show up when needed to, fixed the problem, and prevented the whole mess. Making landlords part with the security deposits can be a bitch, though...they see it as free money....

AdverseSolutions
11-28-2006, 06:33 AM
i won in small claims court in boston, but my gf and i moved to japan after that and couldn't collect. fight it.

should add that we won TRIPLE DAMAGES from our fucked up landlord

Angelic Diablo
11-28-2006, 07:28 AM
:rolleyes: Odds are good your landlord never called the plumber the first couple times you complained. :rolleyes:

Good luck in court. You deserve at least your money back for all that bullshit.

TheWanderer
11-28-2006, 07:33 AM
PIX of the LANdlord's daughter..?

aznflict
11-28-2006, 07:49 AM
HeaT-

I'm a case investigator with a law firm in Milwaukee, WI. It sounds like you have a case IF you can provide evidence to back up your claim. Documents, pictures, expert testimony, etc...

Small claims court is pretty informal, but for you to even stand a chance, you NEED physical evidence of some kind. Also, establishing a timeline (similar to your post) with coinciding evidence will greatly help your case.

HeaT
11-28-2006, 08:13 AM
HeaT-

I'm a case investigator with a law firm in Milwaukee, WI. It sounds like you have a case IF you can provide evidence to back up your claim. Documents, pictures, expert testimony, etc...

Small claims court is pretty informal, but for you to even stand a chance, you NEED physical evidence of some kind. Also, establishing a timeline (similar to your post) with coinciding evidence will greatly help your case.

cool cool, do you know if the judge will accept written testimony like if i couldnt have a witness come in (the dude i stayed with) would judge accept a written letter signed (and contact info) by him documenting he had housed me?

and you dont want to see pics of the landlords daughter, she was like 16 and 200lbs+ lol...

im outi

Roberth

aznflict
11-28-2006, 08:27 AM
I'm guessing any written testimonies would have to be signed and notarized as well.

Just make sure to establish a detailed (yet easy to follow) timeline, using coinciding evidence. Remember to include details, but only if you can back them with evidence.

For example, your manager told you "the plumber is coming today. No wait, he's coming tomorrow". So, contact the plumber and request information (on his company letterhead) as to when the service request was actually made and when the work was actually completed.

Also, be sure to present yourself in a professional manner. Be prepared, and don't ask questions (rhetorical or otherwise) that you don't already know the answer to. If your story conflicts with the manager's story (date stuff was completed), be prepared to show evidence to discredit your manager's recollection.

If you know that there were potential tenants checking out your old apartment, try to track them down and get them to verify that the odor was still present, etc.

Cover your bases, be prepared (practice your shit thouroughly), and don't give your manager an opportunity to discredit you. Only introduce facts/evidence that are positive to your case.

Hope that helps.

Dem-Dem
11-28-2006, 10:43 AM
heat like everyone else says the burden of proof lies with you word of mouth will only go so far with out physical evidence. If you can get the plumber to come in you'd have an extreamly good case. if you paid for the hotel with a credit card perfect. Pics of your tub would be the nail in the coffien.

Adam Warlock
11-28-2006, 10:59 AM
and you dont want to see pics of the landlords daughter, she was like 16 and 200lbs+ lol...

im outi

Roberth

Speak for yourself. pics in 2 years or else. *shakes fist*

MegamanDS
11-28-2006, 11:02 AM
you probably will win your deposit, but your rent might be tuffer. you left w/o 30 day notice and usally on court shows, they always lose, no matter what the excuse. if it was unlivable, then maybe you have a chance but you have to prove that you could NOT live there, its your burden.

HeaT
11-28-2006, 01:35 PM
ill post up some pics that i have when i get off work that i took so yall can take a look...but like i said unfortuneately i dont have any pics of the shit being filled up, hopefully what i have will fly...

also, obviously there was no plumber, the dude who came out probably worked for another apartment complex they owned...cause in emergency cases plumbers just do not not show up lol especially for 3 days...

oh also, i am claiming 920$...i claimed twiced my deposit because i read that i am entitled or allowed to do that, which takes care of the time i lost off work and moving and living somewhere else what not (basically of going through the whole hassel) and the rest of it is the rent for the rest of the month i was not there...

im outi

Roberth

MegamanDS
11-28-2006, 04:53 PM
dont up your claim for pain and suffering or any BS because judges on TV shows get pissed off, just get high estimates (with paper proof) of how much it would cost to fix stuff and if you win, just go do a different place that does it for cheap. also, for your personal items that got ruined, if you dont have receipts, put about 30% of its value, judges don't like greedy people.

Dasrik
11-28-2006, 06:08 PM
oh also, i am claiming 920$...i claimed twiced my deposit because i read that i am entitled or allowed to do that, which takes care of the time i lost off work and moving and living somewhere else what not (basically of going through the whole hassel) and the rest of it is the rent for the rest of the month i was not there...
You better double check to make sure.

SmokedAlive
11-28-2006, 06:33 PM
Random as shit. They best not have soiled your games or else its on like donkey kong!!!

HeaT
11-28-2006, 06:46 PM
well its no pain and suffering, its expenses, like 1 day off work for me is 136$ for my mom is 160$ plus the gas she paid to drive down 2 hours on short notice...

ill double check just to make sure that i am entitled that if not, whatever ill take non double deposit...

this pic is entrance of bathroom...this is after they fixed it, i guess plumbers leave all their shit behind...

http://i129.photobucket.com/albums/p203/heatfury/apartment001.jpg

this is inside, showing that it had been worked on, again leaving shit behind AND not putting shit back...aka a real plumber was not hired...

http://i129.photobucket.com/albums/p203/heatfury/apartment002.jpg

this is the mold that grew on my shower curtain from it being submerged for 3 days...shows that it actually did happen...

http://i129.photobucket.com/albums/p203/heatfury/apartment008.jpg

stain in closet that leaked through wall...

http://i129.photobucket.com/albums/p203/heatfury/apartment004.jpg

pants that got stained as well cause they were on the floor...

http://i129.photobucket.com/albums/p203/heatfury/apartment006.jpg

im outi

Roberth

SmokedAlive
11-28-2006, 06:50 PM
Best get money for those pants too

HeaT
11-28-2006, 06:54 PM
33-1431. Security deposits

D. If the landlord fails to comply with subsections B and C of this section the tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.

So ya, i took that as saying that i claim twice the amount...unless i misread or understood?

im outi

Roberth

HeaT
05-04-2007, 01:43 PM
so i went to court...and here is what happened...

I won...judgement was for me...BUT i ended up having to pay 100$ even though there was NOT a counter claim..............

w
t
f
???

like they tried to file a piece of paper which they wrote on with no receipts at the beginning of the trial and the judge was like absolutley not because there was no counter claims filed and they needed to be filed 20 days prior to the trial...

but then she accepts it, A WRITTEN piece of paper, with no proof of any of the expenses they had, they had travelling expenses on there wtf...

anyway, the judge said that it was a minor inconvience for me and i was still obligated under the lease...which apparently she doesnt know how the fuck to read the laws that are in front of her face, even when i pointed out what law and section pertained to my case...

and the most recdiculous thing...

i showed this picture in court...

http://i129.photobucket.com/albums/p203/heatfury/apartment008.jpg

to demonstrate the mold that built up on the curtain from it being in the sweage water that back spilled and this is what she says WORD FOR WORD...

"it looks like normal wear and tear"

wow dude, me and my friend who was also one of my witnesses couldnt believe how stupid the judge was...i go on about the stupid shit that happened but just wow...i mean the defendent and her witnesses were contradicting each other on the stand and argueing about when the problem was solved...and the judge at the end still said "i found the witnesses credible"...lol wow...

anyway...just thought i would post what happened...

im outi

Roberth

another funny thing, she claimed that this stain

http://i129.photobucket.com/albums/p203/heatfury/apartment004.jpg

that was left from the water that spilled through the wall...was cause by "something else, and could be from normal wear and tear"........and if you were wondering, it was a female judge...

Grits'N'Gravy
05-04-2007, 01:53 PM
I think you might be able to appeal that... take the asshole to judge judy. Everybody gets paid for that shit.

Generally women in power suck, and yes I will make a "sexist statement."

im outi,
Gritsth

EmptyJumpThrow
05-04-2007, 06:04 PM
Plus if you go on Judge Judy, and lose, the show pays whatever amount the judge settles for. My boss went on People's Court a couple years ago after some nut girlfriend of his thought she would embarass him on national tv. She left her nose ring in. He wore a suit. She interrupted. He responded when addressed. He won by a landslide, and was even too good a guy to countersue. The show paid for his transportation to NY for the day, back and forth, they would have paid for him if he had lost the decision, AND they paid him $500 just for appearing on the show. Apparently people's pride and dignity ARE worth something. When my boss got back, he said all he could think while he was in there was that the judge was hot. He then made copies of the episode, which he recorded off tv, and distributed them around work, flaunting his victory. She also worked there. It was the funniest shit I've ever seen.

Rhio2k
05-04-2007, 06:53 PM
Speak for yourself. pics in 2 years or else. *shakes fist*

Trust him. Just like the liquid from the tub, to quote Chappelle's Show: "It might be DOO-DOO!"

Figcoinc
05-04-2007, 09:17 PM
Sorry there buddy but the Judge got it right.

I won't go into the gory details but a couple things. Rule of habitability. It doesn't apply here. Even though the place smelled bad it was (most likely by code) habitable. Therefore you could live there. A place doesn't have to be nice, just has to be able to be lived in. The apartment age and condition play in that as well.

You may have had a claim of constructive eviction but unfortunately, you did not fully abandoned the property. Also, you have to give a reasonable amount of time for the landlord to fix. Well, it might not have been reasonable for you, but since the LL did attempt to correct the situation at first, a attempt was made. It did not fall into negligent attempt since the LL did not claim it was fixed and let you on your happy way. Plus the fact that the LL DID attempt to fix it throws out the habitability claim to begin with.

Overall you did come up better. Unfortunately without seeing the lease agreement, also other factors that might have not been stated it is hard to judge. Overall in cases like yours, you will win no problem BUT any cost not deemed by the court non-essential to the claim is your responsibility. Plus the duty to owe rents to the LL is of utmost importance for a slew of reasonable, foremost because property law are very old and set in their ways. Sorry there, but if your jurisdiciton follows common law your lucky you won at all. Most are statute based now but still a hard win.

Yea it sucks, but legally you did come up on top. What I do suggest though is keep a strict record of all repairs AND actions by your LL. There can not be retaliatory eviction. That is, most jurisdictions give 60-days in this. So if you LL then tries to evict you and you can show it is because of the suit brought forth, you got your LL by the balls. Plus, you could have sued for nuisance if you wanted too but that is a bit a of stretch.

Just some thoughts of a future 2nd year law student. Sure there is another law student at SRK that has more detailed view on this. Advanced property FTW!!

Though, again what I say is circumstantial since it comes down the the complaint and answer and the discovery that was done. Small claims is a bit of a fast and hard way of doing it but the judge under the circumstances seemed to follow the rule of law. Appealing it would actually be a waste. You'll spend more appealing than trying to just finish the lease and get out of there. Just make sure now you take down ALL actions of LL. Especially when it comes to the security deposit. Remember, just because you gave LL a hassle means they keep it. Only for strict repairs.