Am I being unreasonable?

Miscellaneous and Personal Stuff I Must Share
1

Here’s the background:

My husband and I moved into this pretty nice apartment in October. We liked the location, the price, and it had even been newly renovated (everything was new). It was so nice I couldn’t help but wonder what the catch was. Well, we’ve since found out. :mad:

Mid-March the complex was sold. The new owners have been busily improving the outsides of all the buildings, new landscaping, new paint, new asphalt, etc. The new owners also seem to be very cheap since the painting company they hired staffs nothing but migrant workers and drunks. (not a generalization, I’ve seen these guys in action) While painting outside of our second floor apartment, the painters tore down the screens on our porch so they could paint it. They did this over Memorial weekend, while we were out of town. That act of vandalism alone pisses me off but what happened next was worse.

Our cat, Oreo, loved the screened-in porch so much we got him one of those cat door inserts so he could go out whenever he wanted. After the painters left gaping holes in the screens of our porch, Oreo fell off the porch (injurying a leg) and ran away. We came home from our vacation, found the porch in ruins (but with a fresh coat of paint :rolleyes: ) and our beloved kitty missing. We were frantic. We talked to the apartment manager, asking for help. She offered none. Not even an apology for the torn screens. :mad:

:Skipping over a month of anguished worry and dogged searching:

At the end of June, we found Oreo. (happy dance) A week later my aunt offered us her home (since she’s moving). A home of our own where we know our loved ones will be safe. How could we refuse?

Sorry for the long story but you guys needed the history. My question is this. To break our lease without getting a black mark on our credit we must pay an extra month’s rent and forfit our deposits (rent $675, deposits $500, I’m out $1175). In light of all the anguish caused by the painters, I’m going to request that the manager treat our deposits as part of our last month’s rent and we’ll pay the difference. Result, I’m only out $675. Do you think this is reasonable? Am I expecting too much? It is entirely their fault that our cat was missing for a month, plus they still have not fixed the bloody screens on our porch.

I need some opinions, please.

Thanks,
chrisbar

2

You rented an apartment with screen doors. They destroyed them, and in the process caused you to lose some of your property (yes, a cat is considered property.) They have not fixed the screen doors, therefore they have not lived up to their end of the rental agreement. I see no problem with your plan.

In addition, I believe that a landlord cannot enter your rental apartment without 24 hour notice and your consent. I would assume that includes your porch. I think you’ve got them over a barrel. I’d do exactly what you said - give 'em a check for the difference between your deposit and the rent, and move out.

3

Man, this is one of those crappy situations that always seem to hit you twice–the personal inconvenience and frustration and getting bit in the @$$ financially.
My guess is that your landlord/lady won’t budge–but that doesn’t mean it’s not worth a try. You might remind your landlord/lady that his/her failure to accept responsibility is the reason you are moving. You don’t feel safe.
You also might ask him/her what exactly he/she (sorry about doing that) believes is her responsibility towards you.
After all, if YOU had caused this damage to the property–you would be expected to pay for it. Since damage was done to property under lease to you–don’t you have some right to expect a reimbursement of some sort?
Like I said, it probably won’t get you anywhere, but at least you’ll know you spoke up and that’s worth something. Granted, it won’t be $1200.
Good luck.
struuter

4

Oh my!! Yes you are being reasonable. Maybe too reasonable.

Your cat could of died!! Thank god you found him, but still. You shouldn’t have to give these guys a dime. You talked to your apartment manager, is their someone higher up? You need to talk to the owner I would say. I would definitely find out who is responsible for hiring the painting company and COMPLAIN!!! They totally need to reimburse you and kiss your ass. A pet is a family member. They had no right to damage your property while you were paying rent. I totally think your rights/ renter’s rights were violated.

I have a screened in porch too that my cat’s love. Maybe this hit close to home, but I do believe you need to start some phone calls.

5

Have you had a lawyer look at the lease? If in fact your landlord did break the lease by violating your rights I would think you would be able to leave and still get your deposit back, plus compensation for the damage.

6

I don’t want to give them anything! I also don’t want anything more to do with this place. I’m willing to let them keep the deposits and write them a check for $175 just so I can get away and have some peace. I’d love to complain to my landlady’s boss but I have no way to find out who that is. She won’t tell me. We weren’t even told WHO bought the complex, just that it had been sold. Another reason I’m glad we’re leaving, I just heard rent is going to skyrocket. Rumormill has it my apartment is “worth” $900 now. Sheesh, I’ve got to get out of Killearn (yuppieburb) Ah, well. August 31 and we’re gone. No Matter What!

7

You can still find out. Your municipality will have records of the property owner.

Play hard ball here. Tell chicky that you are gonna get a lawyerif she doesnt give you what you want. Remind her that if the case goes in front of a cat owner…well, you might have an advantage.

Was there vet bills for the kitty? THEY are responsible for those. They let the cat out!

8

In my experience, Apartment owners are some of the biggest screwjob artists in the country. They will do everything they can to screw you out of money, especially when you are leaving. They always have the little fact that they can screw your credit rating, and give you unfavorable refferences, so they don’t really care if you like them. You pretty much get stuck with the option of hiring a $1000 dollar lawyer to win $500, or bending over and taking it. They count on you just taking it, which 95% of people usually just do.

9

Have your lease agreement reviewed. It does sound as if your rights as a renter have been violated. They should be 100% responsible for payment of the damages, and you may be able to get out of the problem with leaving before your lease runs out. If you can, find a lawyer who will do the initial consultation free.

Should you refuse to pay the amount they are requesting, you would likely be put into contact with the higher ups, not just the landlady… something to think about. The higher ups are the people that you really want to be talking to here.

10

[lawyer mode]
You should see if the town you are in, or county, or the state of Florida has a landlord/tenant ordinance like there is here in Chicago, and you should check for local tenant organizations.
A landlord-tenant ordinance can have remedies for your situation, and may also provide for your attorney’s fees if you succeed in bringing suit against your landlord. Lots of landlords will settle a dispute they know they will lose to avoid paying the attorney fees.
Not to mention, if the ordinance is like the one here, it is almost impossible for the landlord not to be in violation of the ordinance in one manner or another. For example, the last time I read the ordinance here, landlords had to keep all tenant’s deposits in an escrow account, and if they are found not to be doing so, they are subject to triple damages for every tenant whose deposits they haven’t placed in escrow. That can be a serious hit for any landlord.
[/lawyer mode]

11

Thanks for the help, all.
I plan on dropping the ultimatum on Monday (my day off, I get paid by the hour and I’m not losing pay to deal with these people) and then we’ll see from there. If the landlady balks at the idea, then I may consult with a lawyer. I know of a few that offer the first one free and we have evidence pictures of the damage in case the landlady gets off her ass and gets our porch fixed. I’d rather not drag this out any further but I will not pay a penalty just to move somewhere I feel safe!

12

I think you’re being more than reasonable also.

While the law and management companies view pets as property, many of us view our companion animals as family members. Imagine a child falling from the no-longer screened porch as a result of their neglience…

MHO.

13

You might want to browse
the Florida Statutes
to see if anything there might be helpful (go to Title VI, then section 83, part II for residential tenancies). One thing I saw there had to do with maintaining the premises, including screens. Not to mention the section that states that a prevailing party can be awarded reasonable attorney fees.

14

See if Nolo PRess has the Tenant Handbook for your state at your library/bookstore.

Generally, you are responsible for that place for the duration of said lease. They must make every attempt to have it rented as soon as possible but you are responsible for anytime that its vacant. Anyway, look at your lease.

15

Ohmigod! Another Tallahassee Doper! And in Killearn no less!

I live in Killearn as well (own, not rent). I’m assuming you’re in those apartments off Shamrock? My understanding of Florida landlord-tenant law is that it is heavily weighted toward the tenant. I also believe that they have to tell you who owns the property (after all you have a contract with these people!). I’ve got several friends who are property managers in this area, would you like me to ask them for advice?

grem

16

Hi grem,

Yet ANOTHER Tallahassee doper! (chrisbar stumbled onto me about 6 weeks ago.

Go back and read your profile. <mark><copy> Go to my profile. <paste>

We must meet. Chris is welcome, too. Lunch Tally dopers??

Sorry for the hijack…

This thread somehow got past me.

Chris, if you’ve not reached an agreement with your landlord, stop now. The maintenance performed by the new owners has degraded the value of the apartment as it is no longer safe for you to keep your pet. The pet went missing (and was subsequently found). It apparently suffered some kind of injury.

The local number for the Tallahassee Bar Association’s Lawyer Referral Service is 681-0601 (please dopers, don’t SPAM them just because their lawyers – Chris needs them). If you’ll call this number and explain your needs, they will refer you to at least one lawyer that specializes in this area. You may then call the lawyer and set up an appointment. The last time I used this service there was no charge for the referral and the lawyer was limited to a $15.00 charge for the initial consultation.

Lawyers are much scarier than nice ladies with a sore pussy … er injured cat.

:: wondering why I ruined a good post by “going there”? ::

17

Ok chrisbar,

I’m going to e-mail this to you directly as well as posting it here.

The first thing that you must do is write the apartment manager a short note stating that they have not complied with their responsibilities and if they fail to comply you intend to break the lease.

The best scenario for you is if they fail to remedy the situation within 7 days. You can then break the lease without penalty AND have your rent reduced. (The applicable Florida laws are appended to this post/e-mail.)

If the apartment has been properly repaired, or the landlord repairs it within 7 days of your letter, the lawyer advice in the previous post still applies.

Good Luck,

Florida Statutes:

83.51 Landlord’s obligation to maintain premises.–

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.
83.56 Termination of rental agreement.–

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:

(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.

(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

18

Hey, cool! We definitely need to do lunch. Welcome to the board, grem0517 (and yes, I do currently live in Shamrock Village) .

I want to thank you all for your help. Especially you , SouthernStyle for doing all that research for me. :slight_smile:

Yesterday I confronted my landlady and after a long discussion of what was wrong, etc, she agreed to keep my deposits and waive the fee of one month’s rent. So I don’t have to pay them anything else and I turn in the keys on the 31st. :happy dance: :smiley:

I can’t wait to be living in my own home! Only three more weeks to go!

Thanks again, all!
chrisbar

19

chrisbar and SouthernStyle

I went ahead and took the liberty of emailing you guys about lunch. Cool! Our own little mini-DopeFest.

grem