[dwashbur]

Hello again, d:

Do THAT. You know that you can go read this thread in its entirety any time you become confused.

excon

Look, I know I'm a nuisance. Everybody needs to be good at something, that's mine. I've read this thread over several times. Some of those answers are a little... oblique. Or over my head. Or whatever. Bear in mind that I'm in completely unfamiliar territory here, so if I ask driving directions to the john, it's because I don't know one road from another and need things as specific as possible and as simple as possible. I might as well be on Venus for all I understand of what's going on here, because I've never been in a situation even remotely like this before and don't understand the subtleties. For example, I asked about their form because I don't know if there's some law out there in this bunged-up state that requires me to use it if they supply it. That's why I asked, and there's nothing in the previous parts of the thread that address that sort of question.


Today I've spent my daughter's 20th birthday getting ulcers over this crap. She deserves better than that. So while I understand the attitude and know I deserve it, I respectfully request as much patience as you can muster, because I'm doing the best I can here.

[excon]

For example, I asked about their form because I don't know if there's some law out there in this bunged-up state that requires me to use it if they supply it.

Hello again, d:

Look. You either believe that I'm giving you straight legal information or you don't. I never mentioned their stinkin form because their stinkin form is NOT required by law. Send the letter, and use the form for toilet paper. STOP LISTENING TO THEM. DON'T TALK TO THEM. LISTEN TO ME! DO WHAT I SAY! NOTHING MORE - NOTHING LESS!

excon

[dwashbur]

Hello again, d:

Look. You either believe that I'm giving you straight legal information or you don't. I never mentioned their stinkin form because their stinkin form is NOT required by law. Send the letter, and use the form for toilet paper. STOP LISTENING TO THEM. DON'T TALK TO THEM. LISTEN TO ME! DO WHAT I SAY! NOTHING MORE - NOTHING LESS!

excon

Okay. One more bonehead question: "certified" - with return receipt, I assume, so I have their signature?

[excon]

with return receipt, I assume, so I have their signature?

Hello again, d:

Yes.

excon

[dwashbur]

I got it right! That's one in a row!

[dwashbur]

The likelihood is yes. If there are outstanding fees open, they could apply your payment to those fees.

Follow-up: I was thinking that when I pay the rent, I write something like "April rent, water, sewer & trash, paid in full" on the check, then get a receipt that says "April rent etc." or some such like that, so that if they try to do that I could wave it in their faces and say "You accepted this as the April rent, so apply it to the April rent." Any chance a move like that would get me anywhere, or would it just be blowing smoke?

[excon]

DO WHAT I SAY! NOTHING MORE - NOTHING LESS!

excon

Hello again, d:

What HE said.

excon

[dwashbur]

Hello again, d:

What HE said.

excon

Yeah, I get it. But I still have to pay the April rent, so I'm trying to sort out the most effective way to do that.

[dwashbur]

The letter has been sent; I kept it short and sweet and precisely in line with what the lease requires (I checked). While I'm waiting, here's another thought. Excon wrote:

A secondary defense would be that the complex has a legal duty to mitigate your damages, and SHOULD have been aware, had they been paying attention, that they were piling up, yet did NOTHING to relieve you.

Could you expand on this idea? How does it differ from the estoppel idea?

Thanks!

[dwashbur]

I just spoke with an attorney at the Housing Justice Project. She hammered away at "pay the April rent" which I already intend to do, so there wasn't much help there. But she did tell me to write on the check in capital letters "April 2010 Rent" and make a copy of it, and get a receipt. That way, if that district manager decides to "allocate" part of it to the electric bill stuff, I have a defense if she then tries to accuse me of not paying the rent.

Unfortunately, they're an outfit that deals more or less with eviction issues, so she wasn't willing to talk to me about the estoppel matter or the other thing. Excon, I'd still like some expansion/clarification/demystification (remember the dunderhead you're talking to) about the mitigation thing you mentioned?

Meanwhile, everything is on track for moving into the new place. There are no words to describe how much I'm going to enjoy leaving this place behind.

[dwashbur]

So I paid the April rent with what it's for written clearly on the check, and got a receipt from the office assistant. She told me they got my letter and it's all entered and everything so we're good to go.

Ex, I'd still like to hear more about that mitigation thing?

[dwashbur]

Okay, we're clear out of the place, cleaned it beyond spotless, I patched the few nail holes in the wall, you name it, then took photos and video to verify the condition of the place. I need to schedule a walk-through with the assistant manager and turn the keys in, that's all. I'm still looking for further info about the legal angles that are available to me.

[dwashbur]

Quick question: as I said, the place is empty, I took lots of photos and video. The interim manager who's giving me all the trouble wants to do a walk-through with us so she can tell us everything we did wrong and tell us how much she's going to charge us. I'm not inclined to accommodate her, mostly because I don't want to be in the same room with her even for a moment. What do you guys think? I'm inclined to just return the keys, perhaps even by an intermediary, and not talk to her any more. Yes? No? Walk-through? No walk-through? Thanks!

[ScottGem]

Walk through yes! Otherwise you give them free rein to charge you for repairs.

[dwashbur]

Walk through yes! Otherwise you give them free rein to charge you for repairs.

Even with profuse photos and video? My inclination, at least in my current sleep-deprived state, is to let them know I have extensive photos and video (and hence can easily catch this person in any lies she tries to come up with) to prove the condition of the place, then see what kinds of lies she concocts and use the photos to disprove them.

The truth is, I'm tired of this whole business and my ulcer is giving me hell. I just want to be away from these people. I'm trying to cover my anatomy as best I can, but if I get in the same room with this person again I might conceivably end up in jail.

Anybody else have thoughts on this? Not that I don't respect you, Scott, but I'd like a cross-section of opinions before I act, and today is about all the time I have to garner them.

Afterthought: the purported reason why she wants to make me wait is because a new manager is coming in and she wants to use my former place as training ground for what to look for after a move-out. I have some problems with that, too.

[excon]

Hello again, Dave:

If you lose, you'll look back and wonder what you missed. Pretend it's then, and we're talking - "Dude, you missed the walkthrough".

excon

[dwashbur]

Hello again, Dave:

If you lose, you'll look back and wonder what you missed. Pretend it's then, and we're talking - "Dude, you missed the walkthrough".

excon

Guess it's got to be done. Thanks, all.

[dwashbur]

Guess it's gotta be done. Thanks, all.

Another apparently possible scenario: she's stalling.

The lease runs out Friday, so the walk-through has to be done before then. I tried to do it on Monday and she put me off, saying we could do it Thursday, name the time. I called yesterday and the assistant said she would have to talk to the honcho about the time I suggested, and said she would call me back. So far I've heard nothing. If this woman stalls to the point where time runs out and we can't do a walk-through, where does that leave me?

I have a neighbor there who's a friend; I'm considering having her walk through the place with me and shooting some video of it, so I have independent confirmation that we left the place in good shape. What do you guys think?

[excon]

I have a neighbor there who's a friend; I'm considering having her walk through the place with me and shooting some video of it, so I have independent confirmation that we left the place in good shape. What do you guys think?

Hello again, d:

I thought your pictures DID that. What you needed was a photo of a newspaper with the date showing to prove when they were taken. THAT'S independent confirmation.

If they don't accommodate you on the walkthrough, write them another letter documenting the conversations you had about their refusal. Send it certified. On May 15, when you haven't received your deposit back, you file suit.

excon

[dwashbur]

Hello again, d:

I thought your pictures DID that. What you needed was a photo of a newspaper with the date showing to prove when they were taken. THAT'S independent confirmation.

Okay. They're digital photos; does the time/date stamp on the file help, or is that irrelevant?

If they don't accommodate you on the walkthrough, write them another letter documenting the conversations you had about their refusal. Send it certified. On May 15, when you haven't received your deposit back, you file suit.

OK.