lovelydria Posted January 27, 2008 Report Share Posted January 27, 2008 My sister and I moved in together in Dec. 2006. While we were staying together my cousin encounter a problem and needed somewhere to stay. My sister and I agreed for her to only stay a week. After a week passed I insisted that she leaved because I refused to keep paying bills and allowing her to smoke and go thru my stuff when I was working. My cousin and I got into it and I told her to leave, she said that what I had to say meant nothing and that she would get permission from my sister, like me paying bills and name on the lease meant nothing. I went around to the leasing office, and explain the situation and asked could I get my name removed from the least. They told me that I would have to stay there the whole year before I could move. In May I decided to move on my own and got my own place. My sister said that she could handle the bills so I left. In dec of 2007, my sister left the apartment not paying the last month’s rent and now we are stuck with a bill that’s why more than late rent. The balance is $1,930.04 the only amount that was to be paid was $630.00 plus late fee. The balance includes the following:TRASH OUT: 50.00REPLACE LOCKS: 85.00NO GATE CARDS: 100.00CLEAN XTRA DIRTY: 150.00REPLACE VINYL THRU APARTMENT: 350.00REPLACE CARPET: 750.00COURT COST: 122.50ATTORNEY FEE: 237.41NO CREDIT DUE FOR DEC. 264.19MISC. 3.92MISC. 17.02TOTAL: 2,130.04CREDIT: SECURITY DEPOSIT: 200.00BALANCE: 1930.04The carpet was already bad when we came into the apartment, and we had been asking them to come around and clean the carpet. The vinyl was never a issue so I don’t know why they are making us pay for this. We have not been to court but they have court cost and attorney fees. This letter was sent out to me Jan.15, 2008. Can someone please advise what I should do. I can’t contact my sister because me and her is not talking, and I was the only person grown enough to go find out. Should I wait to go to court and explain my situation or should I send the apartment a letter… Please Help. I am in the process of repairing my credit and I don’t need any new stuff on it…Thanks to all the people that can help. Link to comment Share on other sites More sharing options...
joanneb1253 Posted January 27, 2008 Report Share Posted January 27, 2008 Most states have a tenants rights office you can go to. Since most states have more laws to protect landlords, or their tenant laws are so weak, many landlords bully tenants and get away with it. First, find out what your rights are under the law in your state. Where I live if you give 30 days written notice the landlord can not sue for breach of contract - or breaking a lease early. Here they call it an unenforcable clause. I had a landlord who tried to do this as well as keep my depost. Sued in small cliams and won by default because he no-showed, but still would have won because he violated the law. Any time you move into an apt always have a walk through with the manager. Point out things that need to be repaired, old carpet, etc. Write it down on the full copy of the lease before it is signed and a copy given to you. Take photos. By doing this, if the landlord gives you a hard time, you have proof and they will usually back off. This will also help in court because it's a, "he said - she said" and the judge will rule in favor of the law, which is usually the landlord/owner. If you have any evidence in this situation, use that as defense.Again I strongly urge that you call your state DA's office to find a housing advocates office or an orginazation that deals with tenants rights. Most bigger cities have one too so check there as well. They will help you decide if you need to adhere to the lease/charges they have accessed to you and what they are asking for is reasonable, or that you can counter-sue the apartment for unreasonable charges, etc. Good luck! Link to comment Share on other sites More sharing options...
jq26 Posted January 28, 2008 Report Share Posted January 28, 2008 As a landlord, I can tell you that in some states, the tenants have the upper hand. It is not as one-sided as some may think. This situation comes down to your sister really screwing you. She left early and without even notifying them. Unfortunately, you were bound to pay for it. From the fee schedule you posted, it appears they evicted your sister (and you). Maybe she is not giving you the whole story. She also left stuff in the apartment? That sounds strange. When I used to rent, I'd leave the place cleaner than when I moved in, and I'd do a walk-through with the landlord on the last day of the lease. So, it appears the only charges that you have a right to complain about are the carpets and tile floors that you are being charged for. Were they destroyed? If not, why were they replaced? Unfortunately, I think any judge you plead your case to will likely say that you and your sister lost your credibility when she abandoned the place. If the carpets didn't need replacing, it is your word against theirs. And since the place was 'abandoned', your argument will fall on deaf ears.In other words, she really stuck it to you. I'd discuss this with the rental agency and try to negotiate it down. Then have your sister pay it. Good luck. Link to comment Share on other sites More sharing options...
Magdalen77 Posted January 28, 2008 Report Share Posted January 28, 2008 One time when 2 roommates and I moved out of an apartment the landlord tried to charge us for a replacement refrigerator, stove and dishwasher. We disputed that anything was wrong with any of those things and if they needed to be replaced that was just because they were old. They were old when we moved in and still old, but operating fine when we left. Basically we stood up to them and they backed off. We never heard from them again. Of course, they still kept the security deposit. But, in my experience, landlords use any excuse to keep the security. (I'm sure you're an exception, JQ) BTW, I'm one of those people who vacuum the rugs, clean the walls and sweep the floors when I leave. Link to comment Share on other sites More sharing options...
Moneedshelp Posted January 28, 2008 Report Share Posted January 28, 2008 The unfortunate position that your sister put you in was leaving without doing a walkthru with management when she left. Now, they can basically say anything and have it stick. Did you fill out one of those forms when you moved in that would show there was damage to the carpet? Contact the office and see where you are with the situation. At minimum, you will owe half if both of you are on the lease. It may happen that you will have to pay and attempt to get the money back from your sister. If all else fails, take her to a court television show. I see alot of roommate cases on those shows. And you would have recourse against her for half of the fees. good luck Link to comment Share on other sites More sharing options...
schankia Posted January 28, 2008 Report Share Posted January 28, 2008 I personally think that you may be in trouble for several different reasons. First, I doubt that your sister is telling you the whole story. Next, when you move in an apartment you should always do a walk through when moving in and notate anything that may be wrong no matter how minor they may be and both you and the landlord should initial so they can not later say they did not know. When you move out it is best to walk through with the landlord again prior to turning in the keys so that you can address any issues and possibly fix anything that is wrong. Then you can have the landlord stating what portion of your deposit will kept and what portion will be returned. I know that you said you and your sister are not speaking but you may have to put this aside long enough to take care of this legal matter even if it means you attempting to sue her for the damages in order to save your credit repair attempts. Link to comment Share on other sites More sharing options...
lovelydria Posted January 28, 2008 Author Report Share Posted January 28, 2008 Thanks alot everybody, I guess I should explain a little better. My sister call me and told me that she had moved, and then I was like the lease is not uo yet. As soon as I landed in Memphis, I went to the leasing office, and they told me that I had to hand write all the charges and that they needed a mailing address to forward the statement too and here I am now trying to get the problem resolve. I talked to my sister today and we agreed to pay it, so that turned out okay. Now, about the carpet when we moved in was not cleaned very well, I called several times in regards to the carpet and no one never came so as time went on I never made a big deal about it until now. I guess they have a great reason to replace the crapet now that no one stays there. The tile thru out the house was never a problem and I guess they took it apon there selves to do the work for the next person. I am in the process of writing them a letter explaining to them that I dispute the carpet and tile, Please Advise if thats a good thing to do. I think I am going to send the letter out tomorrow. Thanks everybody. Link to comment Share on other sites More sharing options...
myscoresawful Posted January 28, 2008 Report Share Posted January 28, 2008 Thanks alot everybody, I guess I should explain a little better. My sister call me and told me that she had moved, and then I was like the lease is not uo yet. As soon as I landed in Memphis, I went to the leasing office, and they told me that I had to hand write all the charges and that they needed a mailing address to forward the statement too and here I am now trying to get the problem resolve. I talked to my sister today and we agreed to pay it, so that turned out okay. Now, about the carpet when we moved in was not cleaned very well, I called several times in regards to the carpet and no one never came so as time went on I never made a big deal about it until now. I guess they have a great reason to replace the crapet now that no one stays there. The tile thru out the house was never a problem and I guess they took it apon there selves to do the work for the next person. I am in the process of writing them a letter explaining to them that I dispute the carpet and tile, Please Advise if thats a good thing to do. I think I am going to send the letter out tomorrow. Thanks everybody.They can NOT make you pay 100% of the carpet replacement unless it was brand new when you moved in. They MUST show you (or court) the bill for the installation of the carpet that was there when you moved in, this will have date of installation on it and show how old the carpet was when you moved in. The difference in time from when it was installed and when you moved in will have to deducted from the life expectancy of the carpet. All of the items listed, they MUST provide you copies of actual bills the vendor gave them to pay and they should match (with exception of things that would be prorated, such as aged carpet), but your cost should never be more that what is on the bill.Please see my reply in this post as to how these charges are calculated: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=859418#post859418good luck! Link to comment Share on other sites More sharing options...
CleverCynic Posted January 28, 2008 Report Share Posted January 28, 2008 Also, you have to find out if your sister intends to even pay her half. It sounds unlikely, so unless you're going to pay all of it, paying half isn't going to get you out of anything credit-wise... you're both separately and severally responsible for the debt. Link to comment Share on other sites More sharing options...
wahoo238 Posted January 29, 2008 Report Share Posted January 29, 2008 You might review this site, has some good info, think you are kinda outa luck but it may reduce some of your cost.http://www.rentlaw.com/ Link to comment Share on other sites More sharing options...
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