Bad Landlords
Since I haven't posted the last few months' of my life here, I'll fill the lot of you in.

I was flown out here to Iowa in November for an interview for an international tech company (so big the word 'International' is part of their name). I called and e-mailed the recruiter for updates after my interview, trying to see how things went. After receiving no updates I gave up and got another job in December which then I lost in February. During this time I moved closer to the job as the 30-mile each-way trip was hurting me financially. I began the job hunt again. In early March, I had a water pipe in my new place burst in the bathroom wall, which I noticed early and had fixed that night. However the new landlords did not fix the damage to the wall or shower (which had to be partially torn out to fix the pipe). This lasted until said original company sent me an offer in late April.

Now, for the story to begin.

Having prior knowledge of California tenant laws, I informed the landlords that my apartment had become uninhabitable (using that very specific word) due to the damage and the mold & mildew problem that had started as of late. I filled the manager-on-duty in on the situation completely, telling her of the damage and the current state of the apartment. She told me she'd look into it and the next day I got a call (which went to my voicemail) informing me that I would pay a penalty.

Rather than calling them back, I went into their office again. This time, I put my phone down and started a recording (which I still have) and explained the situation again. I asked if the maintenance person was on their staff and responsible, and was answered in the affirmative. I then outlined the sections of the civil code, in a calm, respectful voice, and what my rights were in this situation. The manager still indicated that I hadn't informed them of the damage and that I never asked them to come in and fix it (which is bullshit as their staff did know about it, and they can come in to fix it as long as they post notice). I also gave them notification that I would be leaving, as a simple courtesy, since I did not require to give them any notice by law, but I was being nice in doing so.

I left between April and May, moved out to the midwest, and settled in on my new job. A few weeks ago, I received an e-mail from a "collection specialist" at the property management that owned the apartment complex where I lived at:

Hello,

I am writing in regards to the balance due on your account for the unit you vacated at Mesa Village. There is a past due balance of $x,xxx.xx. Please contact me before September 7, 2010 to make payment arrangements or set up a payment plan if necessary so that we can prevent this account from being assigned to a collection agency.

I can be reached between 10am & 7pm Tuesday - Saturday at 818.227.2167. Alternatively, you can fill out and return the attached payment voucher form and I will process the payment to a card of your choice.


If I don't hear from you by the above date this account can be sent to collections with no further communication from this office.

Thank you,

Kristy R. Graham
Collection Specialist
Essex Management Corporation
818.227.2167

I contacted the "collection specialist" about a week and a half ago, asking her how much she knew about the issue at hand, and, as I suspected, she simply had the account dumped on her with no real details given. I, once again, calmly explained the situation from start to finish (with no details about my new job given), and cited the relevant sections of the civil code that protected me. She took it down and told me that she would contact her supervisor to see what was going on. I thanked her and hung up.

Next day, she calls me. She gets very loud and tries to brow-beat me, essentially saying the same thing the property managers said except in a more loud and condescending tone. I try to argue, and she constantly cuts me off and talks over me. I all but laugh at her attempts to intimidate me, even citing both the picture evidence I have of the mold & mildew damage and the voice recording of the property manager admitting to knowing about the damage but not fixing it for a month and a half. She responds to the latter by asking me if I told them that I was recording them.
"No, I didn't."
"Well since you recorded them without their permission that's illegal."
"No it's not, since it's a public area there's no expectation of privacy."
"Well, I don't want to argue the details with you."
I had to restrain from laughing at her last statement, a pathetic attempt of not admitting that she was wrong and trying to assume the high road. I ended the call by asking for her supervisor to call me so I could settle this with someone with authority. She agreed to do so and I hung up.

Well, as you can tell by the date, I haven't heard anything yet. I'm going to call tomorrow and leave a nice message informing them that I haven't heard back from them yet, and if I don't hear back from them I'll be getting a lawyer and going from there.

The real beauty of this is that with the evidence I have, it's a slam-dunk in court to have the charges removed. Even better, if this does go to court, I can also invite other tenants (who I am on very good relations with, side moral of the story: be a good neighbor) to let in health and building inspectors to have a look-see. Estimated charges to the property managers due to health and building code violations? Over $50k. Media and press can also be called in, and thanks to the power of spin, make the property management look like a robbing, greedy, backstabbing arsehat. The potential damaged caused by current tenants moving out and future tenants not moving in? Can't tell. :D

The real moral of this story? Know your rights. As a gun owner, I have a particular phrase that I keep handy: "Know your rights. Knowledge is more powerful than any bullet."
(Magus Zeal reloading since, Tue 7 Sep 2010, 0:12, 3 replies)

I like
your attitude and your guns magus.
(nimrodihnio making gravy for one., Tue 7 Sep 2010, 2:08, closed)

As much as I dislike
the eagerness of Americans to litigate (and believe it or not, the British Home Office does mention that as advice when travelling to America), sometimes needs must.
( sandettie light vessel automatic New Twitter - @bollocksreally, Tue 7 Sep 2010, 7:58, closed)

heh
(a) "As a gun owner"

(b) "Knowledge is more powerful than any bullet."

Hmm...
(haberman is singing in the changes, Tue 7 Sep 2010, 15:57, closed)