Need some input, RE: Apt. eviction. **Update**

Zag · Post by **Zag** » Mon Oct 09, 2006 10:27 am

I can't belive this! The apartment complex we've lived at and worked for for four years, is evicting us. There's a new manager who'se been here less than a month, and from the start I got the feeling she didn't like us. Then, BOOM!
They said they were coming to inspect our paint. We've been re-painting the apartment because of all the scribbles. They said they wanted to see how far we had gotten, because we had already paid over $1000 (a bit at a time) to get the carpet replaced. Instead of looking around to see when we'd be done pianting so they could do the carpet, the new Manager gave me a week's notice that if our apartment wasn't "up to code" we'd be evicted. I thought, well, it's a bit messy. Toys everywhere, dirty clothes hamper in the living room. A week? Heck, I could clean the place up in an hour. No biggie.

Just to be on the safe side, however, Cam and I knocked ourselves silly cleaning, organising, and generally making the place look awesome (minus the carpet, natch). 10 am this morning SHARP, the manager walked in with video camera in tow, found a lone un-popped popcorn kernal in a corner, and pointed out two places where the kitchen linolium was scratched, (Done by the maintenince guys, btw, while repairing our dishwasher, LAST YEAR.) and handed me the 30-days eviction notice. She had it with her, all typed out and pre-signed.

I'm posting pictures of our place taken right after she left. (There's some orange yarn Miko was following me around with all over the floor, but I just picked that up.)
Miko was jumping into the shots, so you'll see her little blurry face. =D
The shot of the stove shows where we had a fire, (which we've ALSO paid to have replaced, and were just waiting for them to get to it.) For the home of two Otaku with a special needs child and a three year old, I think it looks damn good. Cluttered, yes, I admit that, but DIRTY? Not up to HEALTH CODE?

PLEASE! Tell me what YOU think?
http://s71.photobucket.com/albums/i153/zagadgita/
Bear in mind, we're replacing the carpet, so it doesn't count.

Email me. or Comment.

wELCOME cONSUMER · Post by **wELCOME cONSUMER** » Mon Oct 09, 2006 10:49 am

I posted a comment on your RS blog.

I wish you luck *hugs*

Cloud · Post by **Cloud** » Mon Oct 09, 2006 10:50 am

I wish I could do luck *hugs* for you.

ReiTheJelly · Post by **ReiTheJelly** » Mon Oct 09, 2006 12:30 pm

If you feel that you've been unfairly evicted, file a lawsuit. Or at least threaten to file one. That'll get this new b*tch's attention...

Grico · Post by **Grico** » Mon Oct 09, 2006 12:37 pm

Threatening to sue is not a bad idea at all. Lots of places back down versus threatened legal action. You should be able to bargain at least a chance to see what they want fixed to be not evicted. I hope this works out.

Gordon

Lynxa · Post by **Lynxa** » Mon Oct 09, 2006 3:33 pm

What do you mean by "up to code"? Do you have a lease? When she gave you the letter of eviction (typed before her inspection) did it specifically state the reasons for eviction?

I'd suggest getting an attorney to look into this as well. If money is a problem find out where your local legal aid office is. I don't know about other states, but here they represent people whose incomes fall at or below 125% of the poverty line (and you'd be surprised how much money that is for a family of four).

Cloud · Post by **Cloud** » Mon Oct 09, 2006 3:33 pm

And then what happened?

metheus · Post by **metheus** » Mon Oct 09, 2006 4:57 pm

Renters do have rights:

you might check:

http://www.hud.gov/renting/

http://www.nolo.com/resource.cfm/catID/ ... 4/138/305/

http://realestate.msn.com/Rentals/Artic ... 7&GT1=8588

Varies from state to state. There's always small claims court.

aernath · Post by **aernath** » Mon Oct 09, 2006 5:26 pm

Hire Lynxa!
I hear she's on the market.

RoboFlonne · Post by **RoboFlonne** » Tue Oct 10, 2006 12:16 am

That's really sad... Does your lease say that they can evict you if they think it's dirty? If it says that on your lease then you're in trouble.

How much more time is on your lease? Is it even worth it staying... because they probably won't renew the lease after it's over.

Not Sir Phobos · Post by **Not Sir Phobos** » Tue Oct 10, 2006 8:51 am

Leave. Seriously, leave. Even if you won you'd be in for a helluva time having a pissed off landlord.

I'm also sending you an e-mail.

I used to be an apartment manager, I'll give ya sum advice.

iwakuralain16 · Post by **iwakuralain16** » Tue Oct 10, 2006 9:27 am

be sure to tell us how this all unfolds. @_@ your landlord sounds vindictive, I'd leave too. >_>

RoboFlonne · Post by **RoboFlonne** » Tue Oct 10, 2006 9:42 am

I personally think it's the landlord's responsibility to replace the carpet. Carpet is expensive!!

Zag · Post by **Zag** » Tue Oct 10, 2006 11:04 am

Oh belive me, we are GONE, whether we decide to take them to court or not.

Updates on the Sitch:

The Manager claims now that it's not an "eviction" but a "termination of lease due to violation of paragraph 7 of the rental agreement." Riiiiiight.

According to our lease: Tenants' Responsibilities :

"7. Tenant agrees to keep that part of the premises that he occupies and uses safe and sanitary; to dispose of all rubbish, garbage and other waste in a clean, safe and sanitary manner, in the recepticles provided."

So, don't keep trash in your apartment and throw it in the dumpster. Check.

"Tenent shall keep all plumbing fixtures as clean as their condition permits; to use and operate all electrical and plumbing fixtures properly and comply with all requirements imposed on Tenants by all applicable state abd local Housing, Health, and Safety Codes."

So, clean your sink/bathtub, don't screw a lightbulb into the shower, and meet the Ohio and Columbus Health Codes. Double Check.

That's it. That's section 7. I'm not violating any of that. I'm double checking on the actual guidelines of the Columbus, and Ohio Health and Safety codes, to be able to say "See? See?".

We are so in the right here it's not funny. She's out of the office today, but tommorow I'm gonna nail her with the news that I'm engaging an attorney. Let's see what HER boss thinks of THAT!

On another note, yesterday, when we were discussing this change of "eviction" to "termination" I turned in my keys to the office and maintinence rooms, which I had due to being a Night Manager. I didn't want any chance of something "disapearing" over night, and having a finger pointed at me.
Not that I said that. I just said I figured she'd need to give keys to whomever she had lined up to sub for me this week. She gave me saucer eyes and said: "Oh. I hadn't considered that." You see, she is the night manager for the property she managed previously. So she couldn't do it. Muahahahaha.
I generously offered to continue with my duties if she couldn't find someone in time that night. (Night Manager duties start at 6pm, I talked to her at 5:15pm. =D ) She looked pretty sheepish, and said "Thanks, I may take you up on that." I enjoyed watching her squirm, but didn't show it. I politely said bye, and waited to see if she DID need me.
She never called, so I guess not, but I hope she had to scramble to find someone trustworthy in 45 minuets. Muahahahha. *cough* Okay.

Thanks for all the comments, emails and responses. I've had over 30 people respond, and it's a unanimos "That's bullshit, your place looks fine, they're screwing you, get a lawyer." Nice to know ya'll got my back.

Oh, and another thing I noticed on my way to check the mail. Our immediate neighbors are suddenly packing up too. Hmm.. 103 was empty already, 104 is suddenly packing, and we're 105, the corner apartment. Double Hmmm..

wELCOME cONSUMER · Post by **wELCOME cONSUMER** » Tue Oct 10, 2006 12:39 pm

Way to stick it to her!

You should definitely pester her as much as possible.

Good luck Zagzilla!

Anime-Beta TNG

Need some input, RE: Apt. eviction. Update

Need some input, RE: Apt. eviction. Update

UPDATE!