Apartment Legal Question

[FRPLG]

Originally Posted by mredskins

True, I still think he dropped the ball by not getting the their letter their by 60 days and the way the Property Mgr is acting by not refunding it he probably doesn't have a leg stand on here. I am sure the rental company has been through this before.

Im also sure they count on people going with the "Just move on not worth the headache" approach.

Just because they do it doesn't mean it is kosher.

[MTK]

Unless the lease specifically spells out what constitutes notice, I think he has some ground to pursue here.

[MTK]

Originally Posted by mredskins

Well if $400 meant that much to me I damn make sure they had their form filled out prior to the 60 days. Just sayn'

Easy, everyone makes mistakes.

He probably just thought the form was a formality, by acknowledging his email I'd argue that was an official notice.

[FRPLG]

Originally Posted by mredskins

Again why didn't you just give them the darn form they requested prior to the 60 days??? Do you not see any fault on your part.


Would have saved 400 bucks and a big headache.

There's fault (in a social sense) and legal fault. When it comes to leases and money all that matters is legal fault. If he is entitled to get his money back based on the terms of a lease (a legal contract) then what ever social fault he has is irrelevant. And certainly $400 is an amount of money I would pursue as I am legally entitled to it. $4.00? No. I'll take the hit for being lazy. $400. Sorry but that's my money whether I could have avoided this by filling out a form (that I wasn't contractually obligated to fill out) or not.

[Gmanc711]

Originally Posted by mredskins

Again why didn't you just give them the darn form they requested prior to the 60 days??? Do you not see any fault on your part.


Would have saved 400 bucks and a big headache.

The form they wanted me to fill out asked me where my next address would be that they could send the refunded deposit, and I had not yet finished finding my new apartment, so I had nothing to put there. Since I already provided my written notice, I chose to wait until I had all the information they wanted on the form.

And that was the logic behind why I waited to send the form, I didn't think it was anything other than notifying them where to send my refund.

[mredskins]

Originally Posted by FRPLG

Im also sure they count on people going with the "Just move on not worth the headache" approach.

Just because they do it doesn't mean it is kosher.

Yes but he all ready has bugged them and they are sticking to their guns. IDK I am sure if you kept bugging them they may cave.

[FRPLG]

$400 seems like enough money for them to worry about.

[mredskins]

Originally Posted by Gmanc711

The form they wanted me to fill out asked me where my next address would be that they could send the refunded deposit, and I had not yet finished finding my new apartment, so I had nothing to put there. Since I already provided my written notice, I chose to wait until I had all the information they wanted on the form.

New Address: TBD (will give it you when I get it)


That is what I would have put and handed it in prior to 60 days.


Trust at nearly 40 I have been burnt to many times to know follow their dumb rules to the T to ensure you get your $$$. Espically if it is a $$$ amount that means something to you.

[Gmanc711]

Originally Posted by mredskins

New Address: TBD (will give it you when I get it)


That is what I would have put and handed it in prior to 60 days.


Trust at nearly 40 I have been burnt to many times to know follow their dumb rules to the T to ensure you get your $$$. Espically if it is a $$$ amount that means something to you.

I get what you're saying. Either way it will be a learning experience....

But I still think its BS that they can interpret the signed lease a specific way without it in writing. If I don't get anything back, it is what it is, but as someone else said, there is too much grey area in how it is written.

[mredskins]

Originally Posted by Gmanc711

I get what you're saying. Either way it will be a learning experience....

But I still think its BS that they can interpret the signed lease a specific way without it in writing. If I don't get anything back, it is what it is, but as someone else said, there is too much grey area in how it is written.

I totally agree you have a case but I am just saying in the future do everything they say to the T and you can avoid headaches like this.

If they told me I had to run around the pool 4 times before sixty days to ensure I get my 400 bucks back that I need; you better believe I run 4 times around it and film it.

Anywho good luck to you!

[CRedskinsRule]

Originally Posted by mredskins

Accept and I assuming they told you in the email you sent you need to fill out this form to make it official.

You are at part if not at all at fault for not signing their form and giving it to them prior to the 60 days.

I don't think it's point blank that he is at fault in any way. Clearly the company is wanting to play hardball, or just hoping he walks away.

IF the lease was vague, and he sent electronic notice, and they acknowledged it, then he certainly has some point in his favor, but the question of time, energy and cost has to be on the company's side.

[CRedskinsRule]

Originally Posted by mredskins

I totally agree you have a case but I am just saying in the future do everything they say to the T and you can avoid headaches like this.

If they told me I had to run around the pool 4 times before sixty days to ensure I get my 400 bucks back that I need; you better believe I run 4 times around it and film it.

Anywho good luck to you!

Well, I think his point is that they didn't tell him when they sent the form, that this is the written notice we need.

If he had received an email stating: You must return this form 60 days prior to your lease end date in order to receive your security deposit. My guess is he would have. But he understood his email, and their acknowledgement of the same, as fulfilling his obligation according to the terms of the signed lease.

[mredskins]

Originally Posted by CRedskinsRule

Well, I think his point is that they didn't tell him when they sent the form, that this is the written notice we need.

If he had received an email stating: You must return this form 60 days prior to your lease end date in order to receive your security deposit. My guess is he would have. But he understood his email, and their acknowledgement of the same, as fulfilling his obligation according to the terms of the signed lease.

Without seeing the actual email I can't assume it didn't say that.

Outside of the specifics of this issue my overall theme to him was when dealing with fawktards like Comcast, leasing companies, etc...cross all your T's and dot all your I's if you want avoid messes like this.

[Daseal]

Originally Posted by mredskins

$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.

Here's the problem, he did follow their rules to the T. You can only follow what is expressly published. If I get a form that says input your new address, I would also wait until I had a new address. Otherwise I'm wasting everyones time. He did exactly what you did for Comcast, everything that was expressly required to fulfill his agreement. He's currently being asked for $X and he's currently saying Nope.

The company clearly had 60+ days of notice that he would be vacating the property. They were fully aware he was moving out and knew the exact date. That was provided to them, and they sent him a RECEIPT of that fact. I don't care if it's 400, 4000, or 40 bucks. That is his money because he did everything on his end. Fight the power.

[CRedskinsRule]

Originally Posted by mredskins

Without seeing the actual email I can't assume it didn't say that.

Outside of the specifics of this issue my overall theme to him was when dealing with fawktards like Comcast, leasing companies, etc...cross all your T's and dot all your I's if you want avoid messes like this.

I disagree, because he is saying still that he didn't know that form was what was required. If their email had stated it was, they would have shown it to him, and he would have no legal basis to fight it. The fact that he wants to contest it, on the basis he didn't know that form was required, seems to make it either a) self evident that the email did not state it clearly, or b) GManc is an idiot/liar. I am giving the benefit of the doubt, in this case, to GManc.