Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

[coolguy147]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

make the cockroaches don't come with your furniture!!!!

 

[SigSaurP229]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

No roached coming with furniture we have been prepping for that all furniture has been treated before moving out. Also, my new landlord said go ahead and call Cook's Pest control in two weeks have them come over and treat the apartment. (They are on a program allready it doesn't cost them anything). Just told us to call have everything treated just to be sure. We have allready started the old Slumlord gets his keys back on Sunday. I haven't decided yet to be proactive and sue for deposits and such but rest assured if I get served paperwork by the constable the gloves come off.

Now with the slight distraction of moving its time to get back to the main matter at had that is the 50 hp Merc that is GIVING ME FITS. I will update if I get sued or anything but the resolution has been reached and I hope the old landlord realizes that if trys to mess with my family the gloves come off and it is going to cost him ALOT of money. I have read that he may be liable to my insurance company for this surgery and the allergy treatments.

 

[STARCRAFT16SS]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

Like Tubingluvr....My Sister used Tokay Geko's in her apartment in Minnesota
to contol the bug problem...just gave it water by the refrigerator...came out only at night from under the frig to hunt the bugs down...worked real well..
The geko can clime just about anything but don't leave the kitchen sink
with dish water in it...with the soapy water...they will fall in and drown..

 

[roscoe]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

So how did this all turn out?

 

[Tim Frank]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

So how did this all turn out?

Wouldn't worry about it....
Assuming user names don't get recycled on a dime in iboats....this is a red herring...

OP started this by saying he moved in to a new apartment (the roach-infested one) last October....he then claims to be moving into a new apartment in late July....

In another thread/forum in iboats, until recently he was a "country Squire",....and has just sold that property and moved into a triplex...

http://forums.iboats.com/showthread.php?t=433820

Judging by his Rambo-esque performance in that thread, maybe he should have just used his handgun and blasted those roaches with that....

"well roach....you feel lucky?....go ahead make my day..."

 

[SigSaurP229]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

absolutely I know what you are saying there was a time that we had property. In Sevierville we moved from that property to the apartment ( the roach infested one). Then to the triplex I just didn't feel it neccessary to list the roach infested apartment in that particular thread.

There was more than one time that i did want to shoot at the counter's if I can get some pictures uploaded to photobucket I will post some here for everyone.

I have not heard from the old landlord and we love the new place.

Lets see lived in the country from 12/2006 until 10/2009
Moved into the roached infested crap hole 12/2009 stayed until 07/2010
moved into the triplex 07/30/2010

 

[MTboatguy]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

For those in the future that have this problem, make sure you can identify the species of roach you have, that is very important, because the big honkers like we had in Hawaii when I was stationed there, were really no threat to health, but the gecko's really did enjoy going after them. Now of course if you have the German roaches and the landlord will not do anything to stop the infestation and the state health department won't intervene, then call the CDC as German roaches are a recognized health risk to humans. Normally they will contact the local health dept. and force them to do something or risk severe fines and possible further legal action, I know we went through this a few times when I was stationed in Hawaii...

 

[SigSaurP229]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

they were german roaches and already put this one to bed I moved. He still hasn't had the cojones to sue.

 

[jay_merrill]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

Nevermind - I see you moved.



???

 

[SigSaurP229]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

update today received a damaged deposit from Former Landlord.

This is a recap of everything in the letter names omitted.

Statement of charges.

In compliance with lease you signed and have copy along with charges to be made if not left in the ssme (not my typo copied exactly) order as received.

Rent prorated til rerented and cleaned 64.29
Water bills not paid 53.51
Replace both toilets - jammed with broken toys and other foreign objects Labor 155.00
Two new toilets 146.00
Total apartment as per lease charge sheet 125.00
Flea and roach "clean out" 212.00
Pick up and haul trash inside and out side 50.00
Total 805.80
Security deposit 450.00
Remaining $355.80

Pet Charge not refunable as per lease.
]Illegal drugs and misc items found in apartment by cleaning staff turned over to law enforcement.

Dear Mr. XXXXXX,
This letter is in reference to your charge out sheet. We have attempted to be as amicable as possible in our business transaction. We have received your charge out sheet on damages that you claim were done to the apartment and we do not agree with your assessment (and have evidence that suggest otherwise). The charges we do agree with are as follows
Rent prorated until rented and cleaned $63.29
Water bill not paid (will explain further in letter). $53.51
Pick up and haul trash (a few things were left unintentionally) $50.00
Total agreed upon amount $166.80


These items we agree to and do not dispute. I did however attempt to ascertain the amount of the water bill so that I could pay you, instead you were very unprofessional yelled and threatened me with a trespassing charge I disconnected the phone to ensure that there could be no argument and so I could maintain some sort of professionalism in a business transaction. The disputed charges are as follows.
Replace both toilets jammed with objects parts $ 146.00
Labor $155.00
Roach and Flea clean out $212.00
Total apartment as per lease charge out sheet $125.00
Total disputed amount (reasons listed below) Total $638.00

The items listed above are disputed for the following reasons both toilets were functioning upon our departure (all though the thirty year old toilet in the main bathroom was slow). We will not pay for a cockroach and flea clean out you were informed of that situation from the day we moved in, and you were asked to remediate that situation from the day we moved in the reason the lease was broken was because you misrepresented the sanitary conditions of the property and refused to remediate the roaches from the apartment while we were in the premise. There were no fleas in the apartment when we moved out. We are disputing $125.00 in the lease charge out sheet as you have no description of what you are specifically charging for, however thorough you were in listing all other charges. In your charge out letter you stated as a fact that your cleaning staff had found Illegal drugs turned over to law enforcement, we require IMMEDIATE PROOF of illegal drugs being found in the apartment, otherwise this will be considered libel and defamation of character and any instance WILL be treated with IMMEDIATE legal action. We sincerely hope that we can settle this issue without legal process but as stated in previous letters we are prepared to defend ourselves as necessary.

Respectfully,

 

[ezmobee]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

What a mess. The roach a flea thing is a little rich. What a jerk. Also, I fail to see how even if you had flushed some toys down the toliets, that that would require the toilets to be REPLACED. Pulled maybe, but replaced? I don't think so.

 

[j_martin]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

If you're squeaky clean on the topic, I'd dig into the illegal drugs bit. That's an attempt to get you to comply to the rest of the demands without complaint, and maybe will get into some background report on you. I personally would hand his arse out to dry on that one as it is a violation of your rights big time.

 

[aspeck]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

Illegal drugs and misc items found in apartment by cleaning staff turned over to law enforcement.

Wait a minute ... what kind of roaches have we been talking about here???

 

[MTboatguy]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

I would immediately contact the local authorities to request a copy of the report that illegal drugs were found and turned over.

This is a extremely strong allegation, that could have future implications, despite the fact you wish to solve with out legal intervention, I would contact an attorney over this one matter.

Based on what you have posted, I would say, they have come up with allegations to overcome their short comings. Another thing, make sure and keep a copy of this whole topic and thread postings, it does become evidence of problems you have noted. It also establishes a time line.

But again, first and foremost address the allegation of illegal drugs! Illegal drugs are a criminal issue, the rest of this is a civil issue.

Good luck.

 

[98Shabah]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

I think the illegal drug "report" is merely a threat and nothing more. It's b.s. Why would any law enforcement agency take a landlord's word that some drugs found in a vacated apartment belonged to the prior tenant? This landlord is an *****.. If it were me, I would get on with my enjoying every day of my life with my wife and child and just ignore this clown.

 

[MTboatguy]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

The only reason I said, get a copy of the police report..

We have had a couple of similar incidents with landlord/tenants where I live and now there are a couple of landlords doing 6 months in the local hokey poky, because of these unfounded allegations...in addition they are facing civil penalties because of it.

The drugs found allegation, now a days seems to be prevalent among certain groups, when they are not doing what they agreed to do under the lease..

I had occasion to sit on many court-martial proceedings in my 26 years in the military, and I don't advise ignoring any criminal allegation against you or your family..

 

[SigSaurP229]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

Wow guys what a great community I never expected such a response.

I called the Sheriff's department, they sent a deputy on August 4th 2010, deputy arrived he arrived and left filed no report. (according to his supervisor the only reason no report would have been filed is if there were no drugs). My wife and I are clean no criminal background ever. I have been drug tested twice in the last year (employment drug screenings) and have had no issues at all.

We did leave somethings behind in the apartment (all of the roach products that he provided over the course of the last year). I accidently left a roll of carpet in the shed. The two things that really tore me up about that letter was the accusation of drug use and trying to make me pay for his roach cleanout.
We took pictures of the apartment when we left. We had two cats that destroyed 5 sets of mini blinds, I replaced all 5 sets with the equivalent of what was in there when we moved in, and hauled the old ones to the dump. That was the only damage that we did and we repaired it. We left everything clean and in good repair. There were no clogs in the toilet. Hard to take pictures of an unclogged toilet though.

So my question is do I send the letter I wrote yesterday or go file suit at the court house and let Judge Radar or Judge Stokes decide. I was looking through Tennessee State Law last night and discovered this.

TCA 66-28-301

Within three (3) business days of the termination of occupancy but prior to any repairs or cleanup of the premises, the landlord shall inspect the premises and compile a comprehensive listing of any damage to the unit which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall then have the right to inspect the premises to ascertain the accuracy of such listing. The landlord and the tenant shall sign such listing, which signatures shall be conclusive evidence of the accuracy of such listing. If the tenant refuses to sign such listing, the tenant shall state specifically in writing the items on the list to which the tenant dissents, and shall sign such statement of dissent. If the tenant has moved or is otherwise inaccessible to the landlord, the landlord shall mail a copy of the listing of damages and estimated cost of repairs to the tenant at the tenant's last known mailing address.

So since he told me if he saw me again on the property he would prosecute for trespassing, that gave me no chance to do a final walk through and dispute any claimed discrepancies as I read it that puts him in violation of TCA 66-28-301. Also seems that there is a case here for Defamation of Character and Libel.
I watched my child refuse to go to sleep for fear the bugs would crawl on him, I watched my wife's heart condition aggravated (manageable before without heart pills no she will be on medication for the rest of her life). I watched my cat go insane hearing the bugs crawling in the walls. I spent over 20 hours just cleaning and treating our furniture after we moved to make sure the bugs wouldn't come with us. I took almost $500 worth of our belongings to the dump to make sure that the bugs wouldn't come with us. I am out time, money, and health wise, all because he refused to take care of a problem from the begining now he wants all of this.

So do I send the letter or say F it and go and file a civil claims suit?

Ohh should I seek more in damages than just the security deposit?

Should I go to the district attorney and file charges for false allegations?

So

 

[MTboatguy]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

If it were me, I would contact a civil attorney that is well versed in these types of matters, and have the review the information, most of these types of attorneys will do a free consultation, and let you know if there is a case there, or at least tell the old landlord what he can do with his claims.

Let me state in clear words, I am not an attorney! But being a Military officer, I did have opportunity to be involved in many different types of cases in the 26 years I was in the military, after being wounded in 1991, I actually spent a LOT of time in court rooms, they wanted to drum me out, but I forced them to keep me, so they had to find things for me to do..

I am also considering going back to school to become an attorney, so I have done a lot of studying on the law(it fascinates me)

You sound like you have some very strong points and have documented it well, as I said, see if you can find an attorney that will actually look at your information and advise you the best course of action.

 

[rogerwa]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

Here is my take.. You have him dead.. Write him a letter stating that he needs to refund the balance of secuirty deposit minus the agreed upon amounts, the police matter is not a factor and is made up, and that with the receipt of the balance the matter will be closed.

If he disagrees, you will take him to civil court and briefly outline the points that will be presented to the judge and top it off with the false allegation. Your points will make you come across as ding your best to make the best of the situation and he will look like an *** with no loegal standing (considering his non-compliance with the statute). Add that you will add to the lawsuit compensatoin for all time necessary to deal with this matter, all the extra you spent on the pest remediation, time away from work. Be fair on the extra charges and ensure you do not stretch it for emotional distress or anything like that. Tie it to real costs that can be measured or determined.

The drug allegation and the statute to me are the kickers that should put him in a bad light in front of the judge. You need to help him understand that..

BTW, send the letter by registered mail (requiring signature) so he cannot claim ignorance. If he does not accept the letter, it makes him look uncooperative.

 

[j_martin]

Re: Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

I agree except I would demand all of the security deposit, after you agree that the few semi-legitimate expenses could be yours. He can stand the small expenses in exchange for you forgetting about all the crap he's putting you through, including defamation. His option is to be dragged into court, exposed for the greedy fool he is, and made to pay you for your time and expense fighting him, including generous fees for an attorney, and maybe even pain and suffering for your wife, kid, and cat.

Just my opinion. I get mean when I get pushed.