Legal advice please. Should I/Can I sue? - Page 2

*Camaro_Corvette* · 07-22-2013, 09:34 PM

I don't have any advice, but I am getting frustrated at all these massive speedbumps going in everywhere. It's stupid...

CHMSC · 07-22-2013, 09:41 PM

As the others have said bro check your local laws and ordinances about the speed bumps. Also check with the lawyer and see if they are required to notify the tenants before doing something like the speed bumps that were not there prior to moving in.

Scalded Dog · 07-22-2013, 09:47 PM

You may have a case... but it depends on the judge. I had a similar situation a few years ago... moved into a house that was "not quite finished yet," but the landlord said it would all be finished soon. Needing a place, we moved in. Wow. Big mistake.

All work stopped. Winter came and went, with holes in the wall big enough to pass a softball through (yes, snow accumulated in some rooms). No heat. Not wired for phone. No railings on the deck. A list seven miles long. Landlords excuse? He broke his arm... and NOBODY works on that house except for him. Nobody. In a few months, well, the arm should be better, and THEN he'd work on it, fer sure then...

We left. He asked if he could buy from me, the fridge I had brought.... I agreed. In an effort to nail an airtight case against him, I cleaned the place spotless, and repainted (even in there for only six months, cheap paint on the wall had smudges... I repainted it PERFECTLY).

He kept my $1500 deposit, so I sued.

I showed up with all the evidence in the world... he showed up with photos of his place TRASHED... graffiti on the walls, trash everywhere. He even provided a bill for "hauling away the refrigerator" (which, incidentally, remains there to this day, as he wanted it, did NOT haul it away, just made a fake bill).

The judge said, "You are a renter... he's a landlord. I side with landlords."

Case closed. I was ruled a dirtbag before the courtroom even opened that morning.

So... your case sounds good, and seems pretty solid. Just hope you don't get a judge who believes that all renters are dirtbags, and all landlords are hardworking, honest businesspeople.

(He did lose the house to foreclosure shortly afterwards, then got sentenced to jail AND rehab for a number of rapid succession meth convictions... so, yeah, that landlord was a real schlitbird)

smarbrit · 07-22-2013, 09:50 PM

was it written into your lease that any of those amenities would be completed by a certain date? did they already offer a reduced rate due to lack of completion of the building?

I seriously doubt they didn't have a building permit as they wouldn't be able to complete any inspections of the electrical, mechanical or plumbing systems. Pretty sure your city would notice a new building under construction.

You should be able to check with your municipality to find out about permits, here we need a development permit first, then a building permit to actually start construction. And how do you move into a building that is still under construction - did they have occupancy permits posted, which would be required until they received final sign off.

Also, speed bumps should be reasonable but again here, there is no standard, only recommendations for height. I would think if they watched her damage her vehicle when they told her to proceed - I'd definitely go after the repair costs. That said, most lots are park at your own risk and the owners are not responsible for damages, however caused. Read your lease on that one and check for signage in the lot/parkade etc.

Bottom line, you signed a lease knowing the condition of the property and if completion of such work wasn't documented in writing, you really don't have anything to sue for. Did you take it as-is/where-is? Also, what a landlord does with rent is completely up to them, whether its pay for construction completion, operating expenses or a trip to Mexico - its their property and their revenue. You pay a flat rate $1,000 per month, not that plus operating expenses, therefore you are owed no justification on how the money is spent.

(I'm in commercial real estate so I know how this works).

The customer service side really leaves a lot to be desired though. Most times a tenant can work through these things as long as there is communication.

Good luck

FireCracker · 07-22-2013, 09:50 PM

Gosh it's such a PITA I wanted my bumper fixed before fest, but looks like that's not happening! Oh well.. Thanks everyone! Yeah what pisses me off is the dumbasses didn't get building permits and might have to tear it down.. WTF am I paying for it when because of THEM I can't use it??

Judge Judy is a beast, btw

Austin45 · 07-22-2013, 10:43 PM

All we can really say is go talk to the lawyer because they're going to be the only ones who know if they can help you or not. In May I got rear ended on my motorcycle, and I really didn't think I'd have a case for anything, but after talking to a lawyer it turns out I did. Also, in my opinion it's more about finding the right lawyer too.

HookemHorns · 07-23-2013, 09:30 AM

Based on the information in this thread, I say you don't have a case and beware, there are some very dishonest lawyers out there that are happy to tell you different to take your money. Remember this, both lawyers win regardless of the outcome of the case. Also the more noise you cause with the complex, the harder they will be on you when it comes to rate increases, moving out, etc...

CamaroSkooter · 07-23-2013, 09:39 AM

Adam get banned again?

menendez1293 · 07-23-2013, 09:44 AM

Quote:

Originally Posted by CamaroSkooter

Adam get banned again?

Was just wondering the same thing

nyrfan · 07-23-2013, 09:46 AM

Quote:

Originally Posted by menendez1293

Was just wondering the same thing

He's still there as you can click on his name. He typed that in his avitar, not the mods.

PoorMansCamaro · 07-23-2013, 10:06 AM

Quote:

Originally Posted by nyrfan

He's still there as you can click on his name. He typed that in hi avitar, not the mods.

I don't know about that. his last post was about 2:30 am, he was last on at around 8am. not like him to not post when he's not on...

Terryble · 07-23-2013, 10:14 AM

Yeah, doesnt sound like a case to be honest but you need to talk to a lawyer. At best it sounds like a reason to break your lease.

*Camaro_Corvette* · 07-23-2013, 11:09 AM

Quote:

Originally Posted by CamaroSkooter

Adam get banned again?

no

nyrfan · 07-23-2013, 11:30 AM

Quote:

Originally Posted by PoorMansCamaro

I don't know about that. his last post was about 2:30 am, he was last on at around 8am. not like him to not post when he's not on...

If he were banned you would not be able to pm him, which you still can.

Sent from my 2SS/RS

07-22-2013, 09:34 PM	#15
Camaro_Corvette 36.58625, -121.7568 Drives: Team 1LE Join Date: Mar 2008 Location: Earth Posts: 23,710 View My Garage	I don't have any advice, but I am getting frustrated at all these massive speedbumps going in everywhere. It's stupid... __________________ I am seriously never serious vv V vv Next order of business

07-22-2013, 09:41 PM	#16
CHMSC ROAD COURSE JUNKIE Drives: 2012 SS/RS LS3 Join Date: Oct 2012 Location: Somewhere Posts: 4,868 View My Garage	As the others have said bro check your local laws and ordinances about the speed bumps. Also check with the lawyer and see if they are required to notify the tenants before doing something like the speed bumps that were not there prior to moving in. __________________

07-22-2013, 10:43 PM	#20
Austin45 The Logistician Drives: 2012 LFX 45th Anniversary Join Date: Aug 2012 Location: Jonesboro, AR Posts: 864 View My Garage	All we can really say is go talk to the lawyer because they're going to be the only ones who know if they can help you or not. In May I got rear ended on my motorcycle, and I really didn't think I'd have a case for anything, but after talking to a lawyer it turns out I did. Also, in my opinion it's more about finding the right lawyer too. __________________

07-23-2013, 09:39 AM	#22
CamaroSkooter Retarded One-Legged Owl Drives: 2010 Black Camaro 2SS Join Date: Oct 2008 Location: San Antonio, TX Posts: 9,745	Adam get banned again? __________________ My VIN = 2G1FK1EJ9A9105017 Build Date: 04-23-2009 according to: http://www.compnine.com/vid.php

07-22-2013, 09:47 PM	#17
Scalded Dog Drives: 2011 1LT Join Date: Mar 2012 Location: Crestline, CA Posts: 3,029	You may have a case... but it depends on the judge. I had a similar situation a few years ago... moved into a house that was "not quite finished yet," but the landlord said it would all be finished soon. Needing a place, we moved in. Wow. Big mistake. All work stopped. Winter came and went, with holes in the wall big enough to pass a softball through (yes, snow accumulated in some rooms). No heat. Not wired for phone. No railings on the deck. A list seven miles long. Landlords excuse? He broke his arm... and NOBODY works on that house except for him. Nobody. In a few months, well, the arm should be better, and THEN he'd work on it, fer sure then... We left. He asked if he could buy from me, the fridge I had brought.... I agreed. In an effort to nail an airtight case against him, I cleaned the place spotless, and repainted (even in there for only six months, cheap paint on the wall had smudges... I repainted it PERFECTLY). He kept my $1500 deposit, so I sued. I showed up with all the evidence in the world... he showed up with photos of his place TRASHED... graffiti on the walls, trash everywhere. He even provided a bill for "hauling away the refrigerator" (which, incidentally, remains there to this day, as he wanted it, did NOT haul it away, just made a fake bill). The judge said, "You are a renter... he's a landlord. I side with landlords." Case closed. I was ruled a dirtbag before the courtroom even opened that morning. So... your case sounds good, and seems pretty solid. Just hope you don't get a judge who believes that all renters are dirtbags, and all landlords are hardworking, honest businesspeople. (He did lose the house to foreclosure shortly afterwards, then got sentenced to jail AND rehab for a number of rapid succession meth convictions... so, yeah, that landlord was a real schlitbird)

07-22-2013, 09:50 PM	#18
smarbrit Drives: 2012 Camaro 2SS/RS IOM Join Date: Oct 2012 Location: Calgary, AB Posts: 771	was it written into your lease that any of those amenities would be completed by a certain date? did they already offer a reduced rate due to lack of completion of the building? I seriously doubt they didn't have a building permit as they wouldn't be able to complete any inspections of the electrical, mechanical or plumbing systems. Pretty sure your city would notice a new building under construction. You should be able to check with your municipality to find out about permits, here we need a development permit first, then a building permit to actually start construction. And how do you move into a building that is still under construction - did they have occupancy permits posted, which would be required until they received final sign off. Also, speed bumps should be reasonable but again here, there is no standard, only recommendations for height. I would think if they watched her damage her vehicle when they told her to proceed - I'd definitely go after the repair costs. That said, most lots are park at your own risk and the owners are not responsible for damages, however caused. Read your lease on that one and check for signage in the lot/parkade etc. Bottom line, you signed a lease knowing the condition of the property and if completion of such work wasn't documented in writing, you really don't have anything to sue for. Did you take it as-is/where-is? Also, what a landlord does with rent is completely up to them, whether its pay for construction completion, operating expenses or a trip to Mexico - its their property and their revenue. You pay a flat rate $1,000 per month, not that plus operating expenses, therefore you are owed no justification on how the money is spent. (I'm in commercial real estate so I know how this works). The customer service side really leaves a lot to be desired though. Most times a tenant can work through these things as long as there is communication. Good luck

07-22-2013, 09:50 PM	#19
FireCracker Banned Drives: a car Join Date: Jan 2013 Location: not where i wanna be :) Posts: 2,114	Gosh it's such a PITA I wanted my bumper fixed before fest, but looks like that's not happening! Oh well.. Thanks everyone! Yeah what pisses me off is the dumbasses didn't get building permits and might have to tear it down.. WTF am I paying for it when because of THEM I can't use it?? Judge Judy is a beast, btw

07-23-2013, 09:30 AM	#21
HookemHorns Drives: 2023 Camaro ZL1 Red Hot Convertible Join Date: May 2011 Location: Arkansas Posts: 859	Based on the information in this thread, I say you don't have a case and beware, there are some very dishonest lawyers out there that are happy to tell you different to take your money. Remember this, both lawyers win regardless of the outcome of the case. Also the more noise you cause with the complex, the harder they will be on you when it comes to rate increases, moving out, etc...

07-23-2013, 10:14 AM	#26
Terryble Drives: 2013 VR 2SS/RS M6 Join Date: Sep 2011 Location: Houston, TX Posts: 243 View My Garage	Yeah, doesnt sound like a case to be honest but you need to talk to a lawyer. At best it sounds like a reason to break your lease.