Anyone able to help with a couple Legal Questions (Roommate/Apartment problems)

[Doggcow]

I just moved and am having roommate problems.

My roommate is refusing to pay me my portion of the deposit because it wasn't "clean enough" apparently.

However, the paper he signed says he agrees to pay me my portion of the deposit by June 15th. He hasn't. It does not specify ANYTHING to the effect of me cleaning the apartment, it says "(Roommate) agrees to pay $120 to (me)" and then in the next section "(Roommate) agrees to accept all damages to apartment." Finally "(Me) agree to relinquish any claim to the deposit"

_________________________________________

Also my new apartment complex told me they were pet friendly. I went and bought my dog (a pretty penny), and now they tell me I have to have rented from them for a year.

Our lease has NOTHING that specifies this however, says we would be required to pay a pet deposit (which I'm fine with). It ALSO has in the same section "Subject to approval by management" and "must qualify with attached pet policy" (There was no attached pet policy to our lease, nor were we shown one at the time of signing).

Thanks in advance!

[gunns]

Your roommate was an idiot to sign something like that but your only recourse may be small claims court. (and why didn't you clean your portion?)

As far as the dog, I'm not sure. Living in a "landlord state" as I do, they may not have attached the pet policy as you said, at the time, you didn't have a pet. You should have read the lease before getting one and got a copy of that pet policy. That's just my opinion.

[cutthemdown]

Small claims court only recourse with roommate.

As for dog things who knows. Probably not much you can do in that situation other then just keep the dog and see if they kick you out. I doubt they will if they let others have dogs.

[Abqbronco]

When does training camp start? It can't be soon enough.

[RhymesayersDU]

Take the guy to small claims, but don't threaten actually file for it. Guarantee it won't come to that if he's at all smart.

[cutthemdown]

If he makes you go to small claims, keep track of all the time you spend on the case, missed work if you do etc etc, add that on to the total he owes you. But if you're leaving stuff I out I suggest not going to a judge with a BS story. Judges are not to be messed with.

[TheReverend]

[Popps]

If you're representing the story 100% correctly, this would be a very simple small-claims case. You'll need to sue for the filing expenses, as well... as that's like $75, at least here in CA.

[Doggcow]

Originally Posted by gunns

Your roommate was an idiot to sign something like that but your only recourse may be small claims court. (and why didn't you clean your portion?)

As far as the dog, I'm not sure. Living in a "landlord state" as I do, they may not have attached the pet policy as you said, at the time, you didn't have a pet. You should have read the lease before getting one and got a copy of that pet policy. That's just my opinion.

We told them when we were going through the leasing process: "We will be getting a dog soon." and were told "The only thing you will need to do is bring in a pet deposit before you get your dog."

I was there, and my girlfriend were there. Nothing anywhere talks about this "1 year period." that we were just told about.

Also, we did clean, in fact we spent about 10 or so hours cleaning, and filling nail holes, as well as shelling out the money for deep cleaning in the high traffic areas of the apartment.

[Doggcow]

Originally Posted by Popps

If you're representing the story 100% correctly, this would be a very simple small-claims case. You'll need to sue for the filing expenses, as well... as that's like $75, at least here in CA.

The only reason I'm even going after the money now (I was going to just say whatever and be done with it) is because he refuses to send back his directv receiver. All the bills were under my name, so directv billed me for his receiver, since he wouldn't send it back, so I'm just recouping the cost.

[sirhcyennek81]

1. Make sticky on roommate's face. After that, put it in his butt. Then call it even.

2. I agree with other posters in the thread. You got the dog because you thought you could. Getting rid of it would be cruel and unfair. So the pup stays. If you pay the animal fee or whatever the fook that is they should be fine with it, especially if its a lease for a year. Do they want to lose the year's worth of income from the rental or have an empty space because they were acting like used douches?

[Florida_Bronco]

Originally Posted by Doggcow

I just moved and am having roommate problems.

My roommate is refusing to pay me my portion of the deposit because it wasn't "clean enough" apparently.

However, the paper he signed says he agrees to pay me my portion of the deposit by June 15th. He hasn't. It does not specify ANYTHING to the effect of me cleaning the apartment, it says "(Roommate) agrees to pay $120 to (me)" and then in the next section "(Roommate) agrees to accept all damages to apartment." Finally "(Me) agree to relinquish any claim to the deposit"

It's not up to your roommate to make that decision really. If the owner/landlord saw fit to return your deposit I don't any legal way the roommate would be able to keep it from you.

Originally Posted by Doggcow

The only reason I'm even going after the money now (I was going to just say whatever and be done with it) is because he refuses to send back his directv receiver. All the bills were under my name, so directv billed me for his receiver, since he wouldn't send it back, so I'm just recouping the cost.

Include that cost when you sue him.

[bpc]

1. Small claims court.

2. Just b**** from the manager all the way up to the regional and VP. Run that b**** up that flagpole far enough and they'll grab ankles for you.

Either that or you could claim you have your dog for a medical reason, and produce some sort of medical note and they'll have no choice but to allow it. People who are depressed commonly have dogs for "medical" purposes.

[Garcia Bronco]

Get another place.

[LRtagger]

Why would they make you live there for a year before you can bring a pet in? That doesn't even make sense.

Paying a pet deposit and having your pet approved makes sense. Usually they only allow certain breeds and under a certain weight, but the 1 year thing makes absolutely no sense.

If you pay the non-refundable pet deposit and get the pet approved I'm sure they would be willing to work with you. Otherwise, just keep the dog anyways and let a friend/family member watch your dog whenever they do maintenance.

[Swedish Extrovert]

I happen to know for a fact that Casey (BroncoBuff) is a pretty good lawyer. I'm waiting to see his response.

[That One Guy]

Pack up and move with the dog to Myrtle beach. Don't worry about a job, they're abundant and you'll probably find one.

[HAT]

Originally Posted by That One Guy

Pack up and move with the dog to Myrtle beach. Don't worry about a job, they're abundant and you'll probably find one.

And even if you don't......I know a chick that lives there who is looking for a roomie.

[broncocalijohn]

Just take him to small claims court. I just got done with the appeals process and won that too (as the plantiff). It will take some time but he might not even want to go to court. Dont let him off the hook. He owes u the deposit, the receiver and the court fees.
As for the apartment manager, let him know you will take this to his boss if there isnt an amendment to the lease concerning the dog. Be cool about it because he is in charge with getting your deposit back when u move out so you do want to be on his good side but you let him know things need to be worked out.

[meangene]

Originally Posted by Doggcow

We told them when we were going through the leasing process: "We will be getting a dog soon." and were told "The only thing you will need to do is bring in a pet deposit before you get your dog."

I was there, and my girlfriend were there. Nothing anywhere talks about this "1 year period." that we were just told about.

Also, we did clean, in fact we spent about 10 or so hours cleaning, and filling nail holes, as well as shelling out the money for deep cleaning in the high traffic areas of the apartment.

Your roommate issue issue is cut and dry. Take him to small claims court. You are entitled to the money he owes you and your filing fees but not lost time, etc.

As for the lease, it will be construed against the landlord if it is unclear. Since they did not provide the pet policy and the lease only says that a pet deposit is required and subject to landlord approval, your evidence as to what was said verbally would probably prevail. I would pay the deposit, and, if they try to evict you, go to court and fight it.

[Doggcow]

Originally Posted by meangene

As for the lease, it will be construed against the landlord if it is unclear. Since they did not provide the pet policy and the lease only says that a pet deposit is required and subject to landlord approval, your evidence as to what was said verbally would probably prevail. I would pay the deposit, and, if they try to evict you, go to court and fight it.

That was my plan, but they wouldn't take my pet deposit. So I figured I would just drop it for now, and bank on them not noticing. School starts back up soon and they wont know who is who when everyone moves back. Since I already have the dog what kinda trouble can I get in?

[Rabb]

Originally Posted by Doggcow

The only reason I'm even going after the money now (I was going to just say whatever and be done with it) is because he refuses to send back his directv receiver. All the bills were under my name, so directv billed me for his receiver, since he wouldn't send it back, so I'm just recouping the cost.

that is going to suck later, they will put that on your credit report until the equipment is returned

[broncocalijohn]

Dogg, make sure you tell your ex roommate that you are planning on taking him to court. That is one of the provisions when filing that you let the defendant know your intentions. This will also give him the chance to give back everything and save $75 in court costs (which you should tell him he will need to pay if he loses).

[oubronco]

Kick his ass to the curb and get another one..........Sheesh

[Beantown Bronco]

Originally Posted by meangene

As for the lease, it will be construed against the landlord if it is unclear. Since they did not provide the pet policy and the lease only says that a pet deposit is required and subject to landlord approval, your evidence as to what was said verbally would probably prevail. I would pay the deposit, and, if they try to evict you, go to court and fight it.

I'd go the other way with this. He signed a document that clearly said that there was an exhibit attached. You have to make sure you get a copy of that exhibit at the time of signing. Rule #1 in law: NEVER sign anything unless it is a complete document. That means "all exhibits attached".

Would you sign a document on "page three of three" if page two was missing? No way.

If he was so inclined, the landlord can pretty much bring anything he wants to court with him and say it was the pet policy in question. It's not his fault if, for instance, the tenant simply lied about not getting it and ripped it from the back of the lease before appearing in court. The burden of proof is not on him to prove that it was attached when the tenant signed the document saying that it was.