Legal advice please. Should I/Can I sue?

AdamZ · 07-22-2013, 01:18 PM

My girlfriend and I moved into our apartment early this year in January. At the time the apartment complex was still under construction. There was no club house, no pool, no washer dryers, no fitness room etc. Well...that would mean until they finished everything that Cari and I would be paying for a whole lot of stuff that we can't use. That also meant that our rent money would be used to BUILD their building rather than maintain them. They promised us ALL construction would be done by March. Cari and I figured that would be fine since we can use the pool in winter anyways and we could work around the other stuff. So we signed the lease. Well march came around and the new clubhouse hadn't even recieved walls yet and there was just a hole for the pool. A couple months fo by and we begin to get frustrated.

Then out of no where they added ridiculously large speed bumps. We could no longer use the parking lit anymore because we couldn't get over the bumps in the camaros. They attempted to flatten them and GAVE CARI THE OK to drive over it. So she tried, and they watched her go over as she destroyed her front bumper.

So I wrote up a letter telling them I was all this resolved. I explained all the issues we've been having, which is a lot more than is in this thread, and I simply asked in the letter that the refund us $100 for each month we've been here and for each month we are going to be here without all our ammenities. Then I asked that they pay the $1000 to have her fascia replaced since they stood there and GAVE her the ok. That would be $700 for the 7 months we've been here (we just asked for one month's free rent to cover this), 1000 for the fascia, and 100 off each month we are here and construction isn't done. I personally think this is COMPLETELY REASONABLE.

So I waited a WEEK for a reply to the letter and nothing. So I called and the manager said shed get back to me. We waited 3 days and called again and we were ignored. Called the next day and were ignored. Called a 3 time and she rudely said we don't need to call her every day. Then she passed the letter along to her supervisor and said he will get back to us. So we waited a WEEK and nothing. So I called and got his secretary...he wasn't available so I left him a message. This happened again daily for 7 days. Finally today I told the secretary that if he doesn't return my call that I will be coming in tomorrow. So he finally called today and said exacly this after a couple rude exchanges...."we deny your request" I began to ask why and he interrupted and said "im not going to debate this over the phone" extremely rude.I told hhim fine I will see him in court.

ALSO....now most construction is completely and the are advertising that everything will be done soon...they also publically advertised it would be done in early spring. The completes building and pool are just sitting there vacant...for about a month now. My dad talkes to the local building inspector and found out that the building was built without a permit and will have to be mostly torn apart. So this will take at least to the end of the year and cost thousands. Yet they are still advertising it will be done soon.

Do I have a case? Setting up a meeting with a lawyer next week. This has just been a dreadfully experience.

90503 · 07-22-2013, 01:24 PM

All I can think of is that speed bumps/speed humps, even on private property, have to be legal and to code....If they dreamed up some size or design on their own, I'd say you might have a case....

PoorMansCamaro · 07-22-2013, 01:27 PM

you need to get as much evidence as possible. take a tape measure and camera to the speed bumps and take pictures. if there is some kind of standard for those, that will help a ton. as for getting money back for amenities, i'm not sure that will stand, unless you have documentation that says 100$ of your rent is for amenities.

FloppyJackson · 07-22-2013, 01:33 PM

I think you have a case, but take it from experience, when engaging a lawyer to get a settlement be prepared to wait, get frustrated, and wait some more.

AdamZ · 07-22-2013, 01:34 PM

Quote:

Originally Posted by PoorMansCamaro

you need to get as much evidence as possible. take a tape measure and camera to the speed bumps and take pictures. if there is some kind of standard for those, that will help a ton. as for getting money back for amenities, i'm not sure that will stand, unless you have documentation that says 100$ of your rent is for amenities.

Yeah I got the pics right after. Then they flattened them more. I am adding more to this ... Watch for it...its a big part I forgot

11_Camaro · 07-22-2013, 02:02 PM

Other than the situation with the car, I would say that the wording of your lease will have a significant impact on the situation.

skipinminn · 07-22-2013, 03:23 PM

<<<<<< Looking for Updates at C5fest

AdamZ · 07-22-2013, 04:11 PM

Thanks guys

AdamZ · 07-22-2013, 06:47 PM

Bump

batman53201 · 07-22-2013, 07:21 PM

i think you definately got a case, and if i were in charge of the complex, i would want to settle out of court. i think judge judy would rule in your favor

Apex Paul · 07-22-2013, 07:31 PM

The speed bumps in my complex are also HUGE. What is it with Ohio and speed bumps?

Anyway, if there is a code for speed bumps and they violated that code and ruined the bumper I think you have a reason to be compensated. As for the rent rebates on unfinished amenities I don't know. *Maybe* you get something if it was in writing somewhere when it would be done, but even then anything outside the "four corners" of your lease is probably not going to be a winner.

All that said, you never know what a judge might rule; some have no common sense and some don't even follow the law when ruling. It's a crapshoot.

nyrfan · 07-22-2013, 07:41 PM

Is this the same front bumper you put a hole in or a new one? If another shes got some bad luck.

Sent from my 2SS/RS

RJT-SS · 07-22-2013, 09:19 PM

Quote:

Originally Posted by 11_Camaro

Other than the situation with the car, I would say that the wording of your lease will have a significant impact on the situation.

^^^^This.

CHMSC · 07-22-2013, 09:30 PM

To sum it up yes if you can prove they were advertising that it would be completed xxxxx and it was not. As I have talked with you about before if it was done in a reasonable amount of time after the xxxxxx expected completion date then no. But advertising and getting people to sign leases because of all the amenities they were offering yet you can't use them and still can't and they are wayyyyy past the completion date could very well be false advertising which is a big no no.

07-22-2013, 01:18 PM	#1
AdamZ Account Suspended Drives: Eve - 2011 Camaro 2SS/RS Join Date: Apr 2012 Location: Fairfield, OH Posts: 11,814	Legal advice please. Should I/Can I sue? My girlfriend and I moved into our apartment early this year in January. At the time the apartment complex was still under construction. There was no club house, no pool, no washer dryers, no fitness room etc. Well...that would mean until they finished everything that Cari and I would be paying for a whole lot of stuff that we can't use. That also meant that our rent money would be used to BUILD their building rather than maintain them. They promised us ALL construction would be done by March. Cari and I figured that would be fine since we can use the pool in winter anyways and we could work around the other stuff. So we signed the lease. Well march came around and the new clubhouse hadn't even recieved walls yet and there was just a hole for the pool. A couple months fo by and we begin to get frustrated. Then out of no where they added ridiculously large speed bumps. We could no longer use the parking lit anymore because we couldn't get over the bumps in the camaros. They attempted to flatten them and GAVE CARI THE OK to drive over it. So she tried, and they watched her go over as she destroyed her front bumper. So I wrote up a letter telling them I was all this resolved. I explained all the issues we've been having, which is a lot more than is in this thread, and I simply asked in the letter that the refund us $100 for each month we've been here and for each month we are going to be here without all our ammenities. Then I asked that they pay the $1000 to have her fascia replaced since they stood there and GAVE her the ok. That would be $700 for the 7 months we've been here (we just asked for one month's free rent to cover this), 1000 for the fascia, and 100 off each month we are here and construction isn't done. I personally think this is COMPLETELY REASONABLE. So I waited a WEEK for a reply to the letter and nothing. So I called and the manager said shed get back to me. We waited 3 days and called again and we were ignored. Called the next day and were ignored. Called a 3 time and she rudely said we don't need to call her every day. Then she passed the letter along to her supervisor and said he will get back to us. So we waited a WEEK and nothing. So I called and got his secretary...he wasn't available so I left him a message. This happened again daily for 7 days. Finally today I told the secretary that if he doesn't return my call that I will be coming in tomorrow. So he finally called today and said exacly this after a couple rude exchanges...."we deny your request" I began to ask why and he interrupted and said "im not going to debate this over the phone" extremely rude.I told hhim fine I will see him in court. ALSO....now most construction is completely and the are advertising that everything will be done soon...they also publically advertised it would be done in early spring. The completes building and pool are just sitting there vacant...for about a month now. My dad talkes to the local building inspector and found out that the building was built without a permit and will have to be mostly torn apart. So this will take at least to the end of the year and cost thousands. Yet they are still advertising it will be done soon. Do I have a case? Setting up a meeting with a lawyer next week. This has just been a dreadfully experience. Last edited by AdamZ; 07-22-2013 at 01:39 PM.

07-22-2013, 01:27 PM	#3
PoorMansCamaro Drives: Really Slow Join Date: Apr 2010 Location: PA Posts: 57,201	you need to get as much evidence as possible. take a tape measure and camera to the speed bumps and take pictures. if there is some kind of standard for those, that will help a ton. as for getting money back for amenities, i'm not sure that will stand, unless you have documentation that says 100$ of your rent is for amenities. __________________

07-22-2013, 02:02 PM	#6
11_Camaro Drives: 2022 Hyundai Veloster N Join Date: Jul 2010 Location: Charlotte, NC Posts: 1,926	Other than the situation with the car, I would say that the wording of your lease will have a significant impact on the situation. __________________ 2011 RJT 2SS/RS L99 Delivered: 09/01/2010 Sold: 06/26/2022

07-22-2013, 07:21 PM	#10
batman53201 Account not blocked Drives: The Batmobile Join Date: Mar 2013 Location: wisconsin Posts: 2,158 View My Garage	i think you definately got a case, and if i were in charge of the complex, i would want to settle out of court. i think judge judy would rule in your favor __________________

07-22-2013, 07:41 PM	#12
nyrfan Let's go Rangers! Drives: 13' AGM 2SS/RS L99 Join Date: Jun 2011 Location: Orlando, FL Posts: 10,742 View My Garage	Is this the same front bumper you put a hole in or a new one? If another shes got some bad luck. Sent from my 2SS/RS __________________ Soprano 4/1/00-6/14/11, Gone but NEVER forgotten! FSP tuned: 377/389

07-22-2013, 01:24 PM	#2
90503 Drives: 2011 2SS/RS LS3 Join Date: Nov 2011 Location: Torrance Posts: 14,564	All I can think of is that speed bumps/speed humps, even on private property, have to be legal and to code....If they dreamed up some size or design on their own, I'd say you might have a case....

07-22-2013, 01:33 PM	#4
FloppyJackson Drives: 2010 Camaro SS Join Date: Oct 2010 Location: IL Posts: 107 View My Garage	I think you have a case, but take it from experience, when engaging a lawyer to get a settlement be prepared to wait, get frustrated, and wait some more.

07-22-2013, 03:23 PM	#7
skipinminn Chiquita Drives: 2013 1LE/1SS YELLO1LE 1 of Only 28 Join Date: Nov 2011 Location: Mpls. Mn./Hudson,Wi. Posts: 4,740 View My Garage	<<<<<< Looking for Updates at C5fest

07-22-2013, 04:11 PM	#8
AdamZ Account Suspended Drives: Eve - 2011 Camaro 2SS/RS Join Date: Apr 2012 Location: Fairfield, OH Posts: 11,814	Thanks guys

07-22-2013, 06:47 PM	#9
AdamZ Account Suspended Drives: Eve - 2011 Camaro 2SS/RS Join Date: Apr 2012 Location: Fairfield, OH Posts: 11,814	Bump

07-22-2013, 07:31 PM	#11
Apex Paul Drives: Wagon Queen Family Truckster Join Date: Oct 2009 Location: Louisville, Ky Posts: 1,476	The speed bumps in my complex are also HUGE. What is it with Ohio and speed bumps? Anyway, if there is a code for speed bumps and they violated that code and ruined the bumper I think you have a reason to be compensated. As for the rent rebates on unfinished amenities I don't know. Maybe you get something if it was in writing somewhere when it would be done, but even then anything outside the "four corners" of your lease is probably not going to be a winner. All that said, you never know what a judge might rule; some have no common sense and some don't even follow the law when ruling. It's a crapshoot.

07-22-2013, 09:30 PM	#14
CHMSC ROAD COURSE JUNKIE Drives: 2012 SS/RS LS3 Join Date: Oct 2012 Location: Somewhere Posts: 4,868 View My Garage	To sum it up yes if you can prove they were advertising that it would be completed xxxxx and it was not. As I have talked with you about before if it was done in a reasonable amount of time after the xxxxxx expected completion date then no. But advertising and getting people to sign leases because of all the amenities they were offering yet you can't use them and still can't and they are wayyyyy past the completion date could very well be false advertising which is a big no no. __________________