Seeking Advice

[HeinekenMan]

I've been dealing with the Gestapo in my little apartment community for the past 18 months. It all began when they took my gas grill, noting that the lease says that things can't be outside of the apartments. The lease, I should note, was more than 25 pages long.

There have been frequent confrontations via phone. One time, they lost my water bill payment and then threatened to evict me the following month. People hate living here so much that they're constantly moving people in and out. Case in point, there was one family that moved out last week. There are two families moving in today. And that's just in my little 12-unit section. One of the apartments being filled has been vacant for months. They dropped Christmas cards at doors without personalizing them and even delivered them to vacant apartments.

A short list of other issues: the dishwasher wasn't connected when we moved in, you have to tug on most of the doors to get them to close and they squeak when you open or shut them because the doors are crooked, the hoses to the washing machine were reversed, causing all sorts of clothing to shrink until my wife made the connection about four months after we moved in. I could go on for days and days.

But I just want some advice with one little issue. As some might have read, my bank returned a rent check two weeks ago because it didn't look like my wife's signature and because the check number was out of sequence.

So, jumping ahead, the bank sent me an e-mail explaining the matter. I sent a copy of it to the apartment folks. Today, I receive a letter explaining that it's company policy to "not allow the redeposit of a check returned for any reason." I was boiling mad when I read this, but it was just the first blow. Apparently, they say that we have to pay for a cashier's check and must include an additional $155 in late charges and that we only have 24 hours to do this.

Now, I can move somewhere else. That's not a problem. But I was planning to shop for a house next month. So I don't really want to move twice. But I'm also not going to pay these people $155, and I know they're not going to budge because they're a bunch of imbeciles, 25-year-old GED types who think they're launching business careers by signing people to overpriced leases.

Part of me wants to get in the last shot, perhaps a chin shot to the assistant manager who sent me this missive, or maybe turn the local press on their asses and make myself out to be the victim of a ****ty bank and the Scrooge-like apartment folks.

Any good advice?

 

[boots]

First of all, if your bank made the mistake, they should pay the late penalty. It sounds like your check was in order, just some asswipe didn't make the payment because of the signature.
Once you make the payment, find a way out of your hell hole as soon as possible.
What's so difficult about this scenario?

 

[HeinekenMan]

If you can take a little hit to your credit score, you can take the risk of just ignoring them. If they go to collections, you can dispute it there.

But I wouldn't take them to war over $155. You're better off moving out asap, and getting them out of your life. If you have to pay it, just pay it and be done with it.

Buck, they won't even accept the rent check without the extra $155. They're fun like that. So I think I'll just take my rent money and use it to pay the deposit on a rental home. I've found several that are cheaper than this place and with more space. That'll help me save a few thousand to buying a home. So, they'll get a surprise when a moving truck pulls up at the end of the month. My father-in-law and brother-in-law will be in town, too. They'll be staying with us for a week, so that'll give us plenty of packing and moving time.

 

[The Big Ragu]

Just pay what you owe them, nothing more. Make them pursue whatever nonsensical fee they want. But don't even discuss it further. Just give them the check for what you owe and let them decide if they are going to do the reasonable thing and cash it. If they sue--which they won't--my guess is that you can walk into court with the letter from the bank and you will win.

When I used to rent-- this was NYC, which is the asshole landlord capital of the world--I had lots of friends who had problems with landlords. Because they just want to pay their rent and live in peace, most people get freaked out over stuff like this and lose a lot of sleep. What many people I know have learned, though, is that you have the ultimate leverage. You're already in the place. And here, at least, legally it takes a lot to get someone out of a place.

Let's say you don't do what they're asking? You give them another check (no cashier's check) and just pay the rent you owe without the ridiculous fee. What are they going to do? What recourse do they have?

 

[The Big Ragu]

Make a copy of the check. Put everything in writing with a note--a copy of the letter from your bank and a letter from you saying, "here is the rent I owe you." Keep copies of everything. Send it all registered mail. If they don't cash the check, it's not your fault. You made every effort to pay your rent and you can prove it.

 

[joe]

Before you leave, slash their tires, put sugar in their gas tanks and beat the dog**** out of one of them.
Oh, wait, that was angry me. I'm trying to be nicer and less angry. Please disregard.

 

[indiansnetwork]

I agree with Big Ragu. Just pay them the rent you owe and move on. They clearly do not understand anything about running a apartment complex. I would suggest you not do anything to get revenge other then moving out. I would spread the word about how bad things are run and make it know you do not appreciate being treated this way but do not go over the line with your complents just stick to the facts as you have explained them. I also highly doubt they would take you to court over a $155 fee for being late given it was your banks fault not yours.

 

[HeinekenMan]

I already know they're not going to accept a check unless I include the late fees. I once paid a few days late, and they pulled this deal on me where they wouldn't cash the thing because I didn't add on the $50 late fee.

But I'll calmly walk to the office tomorrow and urge them to either cash the check that they still have in hand or accept a new one. Maybe I should just record the conversation.

In any case, I just found a three-bedroom, two-bath place in the next town that is $200 cheaper per month. If they refuse, there's not much I can do at that point other than to give the people with this home for rent a call. And I'm actually hoping that they refuse, because the new place is next to a golf course. Perhaps I should dust off my irons while I'm packing.

 

[Sam Mills 51]

Well, that and reinforce the windows. My approach shots aren't always as accurate as they should be. :D

Seriously, what Ragu said. These people are weasels ...

 

[Hank_Scorpio]

If they refuse to take your check, go to the office, leave the check and a letter from the bank on their desk and walk out.

Make sure you have copies of everything.

 

[Ashy Larry]

I already know they're not going to accept a check unless I include the late fees. I once paid a few days late, and they pulled this deal on me where they wouldn't cash the thing because I didn't add on the $50 late fee.

But I'll calmly walk to the office tomorrow and urge them to either cash the check that they still have in hand or accept a new one. Maybe I should just record the conversation.

In any case, I just found a three-bedroom, two-bath place in the next town that is $200 cheaper per month. If they refuse, there's not much I can do at that point other than to give the people with this home for rent a call. And I'm actually hoping that they refuse, because the new place is next to a golf course. Perhaps I should dust off my irons while I'm packing.

walk into the office and tell them they have 2 options:

-accept the check for monthly lease amount and deal with the $155 at a later date
-or take nothing

If they're as cheap as you say.....they'll take your check. And if not, good for you. It's very, very difficult to evict tenants...and if you really wanted to bust balls, you'd live there for months....just pissing them off.

But...move out. Why live in a place that causes stress?

 

[spnited]

If this place has been so bad for the past 18 months, why the **** are you still there?

 

[Ledbetter]

Pay your rent and pay the $155 in loose change.

 

[JR]

Don't you have some sort of city/municipality landlord-tenant department you can take this to?

Your landlord's behaviour is arbitrary and capricious.

They stole your grill and now they're trying to shake you down for $155.00?

Oh, and screw what the 25 page lease says. I'm sure a good lawyer could tear that apart in five minutes.

 

[Buck]

Make a copy of the check. Put everything in writing with a note--a copy of the letter from your bank and a letter from you saying, "here is the rent I owe you." Keep copies of everything. Send it all registered mail. If they don't cash the check, it's not your fault. You made every effort to pay your rent and you can prove it.

This is good advice. Don't try to give them the check in person. Send it to them registered mail-return receipt.

 

[slappy4428]

Pee on their radiator and on the carpet under the radiator... that will teach them....

 

[HeinekenMan]

Hey, thanks for all kinds of great advice.

This place already has a letter from the bank. My wife delivered it a week ago, and the manager told her it didn't make a bit of difference. I sort of expected them to cash the check.

And the only reason that I'm still there is that I'm waiting to buy a house. We had hoped to be ready after our 12-month lease ended, but we weren't. So, rather than moving, we signed a 7-month lease.

By the way, they hiked the rent by $150 this year. It was about a 15 percent increase after the first year. We moved in in July 2005, when the place was brand new. They hiked the rent in July. The rationale was that prices were climbing, but I can rent a brand new house with more square footage AND a two-car garage for less than I pay here.

Also, I've stayed in this place partly because I'm lazy and hate moving. If you haven't tried it in awhile, you're probably under-estimating just how terrible it can be.

 

[Buck]

Certified mail-return receipt will cost you about $8 plus postage.

 

[OTD]

This place will probably screw you on your security deposit anyway, so just move and they'll deduct the "fine" from the security deposit. And be sure to upper-deck the johns before you leave.

 

[dog428]

Man, don't you give these bastards a dime more than you owe them. And YOU DO NOT owe them $155. If the bank screwed up, the bank might owe them, but you don't.

Your first trip of the day needs to be to the bank, where you collect the $155. You'll need something from the assholes at the apartment complex showing the charges. And actually go to the bank. Don't call. Bank people have a tendency to be awful shady over the phone, but when you're there in front of them, **** like this tends to get handled in a hurry.