Friday, March 14, 2008

Lawsuit

Looks like we are going to court.

I sent a long email explaining all of my concerns about maintenance and the rental referral to the corporate headquarters for our property. He spoke with all of the employees and they all denied giving the referral so he said they have no recourse. Gee... the people that broke the law denied breaking it? I am shocked! He also said that when he spoke with the property manager she said she was unaware of any maintenance issues.

I told her that it was going to go to court and that she is going to be subpoenaed to testify as to what she knows. She looked scared. She told us that she told him everything she knows, but then later on the phone (when I called to get the correct spelling of her name) said that he had asked her if there were any problems and she said not that she was aware of. She also said that she didn't know what she could testify about and I said "Things like me waiting 2 months for my dishwasher to be fixed. Or about what happened with my oven." She again sounded worried.

It was pretty obvious that she lied because she is afraid to lose her job. Nice. So this weekend I get to collect statements from other residents with maintenance issues (all of them) and the two former managers.

If we decide to go to small claims court instead of "regular" court the woman I talked to about filing said that I don't need to bring witnesses, because if I have pictures, that is enough to win.

So now I have to decide what my damages are. We have had something wrong with the apartment EVERY month that we have lived here. Every stinking month. Nice. Do you guys think asking for 10% of my monthly rent for each month + court costs is fair?

1222.80 (10% of 1019.00 X 12 months)
1234.80 (10% of 1029.00 x 12 months)
= 2457.60

Plus filing fee of $69 + $10 to have them served, + $10 per witness I have to subpoena

Please, please, please tell me if you think this is fair? I am not out to make money, but I don't think I should have to pay rent for an apartment that I couldn't even bring people to for six months.

2 comments:

Anne said...

I think your being fair! So many people would take advantage of a situation like this, and your not. You only want to be able to live comfortably! Are you still moving?

Krista said...

I hope we are being fair. Like I told the complex manager... I am not looking to make money. Just get back some of the money I paid for things I didn't get.

We are moving. We are trying to find a place, but it has been hard because when they call here for a referral, they tell them that they wouldn't rent to us again. Of course, they don't tell them that it is because we are suing them.