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euphoricism
Old 04-14-2007, 06:33 PM     Post subject: legal question #1 (permalink)  
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Hers one for ya - and maybe chard can shed some insight...

My incredibly corrupt (for many reasons) apartment complex states that it includes all utilities. Of course this means theyll pay up to a certain amount - with energy costs climbing, absolutely EVERYONE goes over their cap, and so the apartment complex takes the amount your overage and devides it by the number of roomates in the place.

However there are two problems I see:
1) Its quite common for one roomate to have a different amount of money due than the other roomates. If we contest the charges, its a given that everyone will have to pay the most expensive charge because the cheaper one was "clearly a mistake"

2) No proof whatsoever of the actual energy consumption. We have to pay it purely on their say-so. This is obviously an issue when one roomate gets a different charge than the next one and we want to know which one is REAL. (If any. I don't live in my apartment -- I'm always at my girlfriends place. My other roomate doesnt even own a television. He's poor. Its hard to believe we go over our artificially low limit) Requests for proof are summarily ignored (with the standard "We'll get it to you in a few days.")

3) The overages are for atleast a year ago, if not more. The newest one I got was for January-Feb 2006. This is so fucking shady.

4) They refuse to accept your rent check until you pay off their overage charges. They then charge late fees, leading toward eviction, because you "didn't pay your rent" even though you've physically given them a check. This seems unethical as HELL. I've paid it. You've got my check. If you don't want to cash it, that can't POSSIBLY be my fault.


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mrhappy333
Old 04-14-2007, 10:44 PM #2 (permalink)  
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What Country are you in? if your in the US, what state?
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Old 04-14-2007, 10:51 PM #3 (permalink)  
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Why don't you set up a free consultation with a lawyer and ask them? I can't imagine that they're not doing anything illegal there, especially the part about them ignoring your requests for documentation.

That sounds just awful, sorry dude. I'd move the hell out of there if I were you.
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euphoricism
Old 04-14-2007, 10:53 PM #4 (permalink)  
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yeah im doing my best to be gone after this summer. I'm in florida, by the way.
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Old 04-14-2007, 10:57 PM #5 (permalink)  
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When you do move out you can expect them to find a BS reason to keep your security deposit. That's pretty standard for shady apartment owners.
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euphoricism
Old 04-14-2007, 11:36 PM #6 (permalink)  
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I imagine theyll need to I dunno, repaint my sink or something at $50/hour.
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givememyleg
Old 04-15-2007, 04:20 AM #7 (permalink)  
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 My gf moved out of her place about 5 months ago and the landlords made some bs reason to keep her security. She took them to small claims and the fuckers won. Some people just suck, leave asap.

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Old 04-15-2007, 03:13 PM #8 (permalink)  
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As a person who owns rental properties, I can say that this guy sounds like a douche. Find a new place to live before it gets worse.
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euphoricism
Old 04-15-2007, 04:11 PM #9 (permalink)  
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its partly owned by the school.
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Old 04-15-2007, 07:07 PM #10 (permalink)  
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Quote:
Originally Posted by euphoricism
its partly owned by the school.
wtf .. wow you havent complained to the school housing department? You have a HUGE resource on your side. Fuck getting a lawyer, let the school do the dirty work for you. The school obviously isnt the scumbag here, the yprobably have no clue about all of this.
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Old 04-18-2007, 02:48 AM #11 (permalink)  
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 just be glad this isn't your landlord

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Ltrain
Old 04-18-2007, 01:56 PM #12 (permalink)  
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Euph,

When not playing cards, I am a real estate lawyer in Miami:

1-3. Read your Lease. Your Lease will specify Tenant obligations to utilities and should have a procedure for payment. If you have a deal between you and your roomates outside of the Lease regarding utility payments, that is up to you. I don't understand the school "partly" owns the complex, almost all of the time it is all or nothing with a public institution.

4. Send them the check anyway and write in the memo line "Payment in Full" with a letter (certified mail so you can prove delivery and receipt) that attached is your rent check and that you are not responsible for any other payments. They may still try to push the overage on you, but at least you have created a factual record on your side to contest late fees, etc.. Worst case scenario you are in small claims court, and the judges there are very practical. If you want to review your rights as a residential tenant in Florida, read Chapter 83 of the Florida Statutes (you can get them online at MyFlorida.com), which is very specific on your rights as a tenant in Florida.

PM me if you have any other questions.
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euphoricism
Old 04-18-2007, 07:47 PM #13 (permalink)  
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dude, wtf you rock. I have tons of shit to ask you ;p

And I'll be down in miami again in a week or so, for almost two weeks.
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euphoricism
Old 04-18-2007, 07:53 PM #14 (permalink)  
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Quote:
I don't understand the school "partly" owns the complex, almost all of the time it is all or nothing with a public institution.
Its really farking weird. I dont know if they just have an agreement or what, but the core company I believe is called CollegePark, and they have their own employees who work like 9-5. Then at 5:01, UCF department of housing and residency takes over and works through the night, so we have 24 hour office staffing -- but the people after 5:00 have absolutely no power and anything they tell you is an outright lie that collegepark wont honor.

We have RAs, and theyre given free rent but they work through ucf housing and residency.

We also have shuttles that run us from our place to campus and theyre provided by the school.

Very odd, i know. Its pretty much like off-campus dorms than an apartment complex.
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Ltrain
Old 04-18-2007, 09:28 PM #15 (permalink)  
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Quote:
Originally Posted by euphoricism
Quote:
I don't understand the school "partly" owns the complex, almost all of the time it is all or nothing with a public institution.
Its really farking weird. I dont know if they just have an agreement or what, but the core company I believe is called CollegePark, and they have their own employees who work like 9-5. Then at 5:01, UCF department of housing and residency takes over and works through the night, so we have 24 hour office staffing -- but the people after 5:00 have absolutely no power and anything they tell you is an outright lie that collegepark wont honor.

We have RAs, and theyre given free rent but they work through ucf housing and residency.

We also have shuttles that run us from our place to campus and theyre provided by the school.

Very odd, i know. Its pretty much like off-campus dorms than an apartment complex.
If you are curious, look at your Lease to get the owner's exact legal name, then trace back through sunbiz.org to track the entities involved with the owner. If it has a connection to the University, you could approach the university and request a copy of the management agreement or other agreements in place to determine the relationship of the parties. The University should be required to give you the information under the state's Sunshine Laws as a publicly funded institution.
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