Legal Question

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
I just got a letter from the student housing office notifying me I have until tomorrow to pay two months delinquent rent. There are two problems with this: the first problem is that the letter is dated 3/5 and says "5 day notice" on it, meaning I have until tomorrow to pay the rent - I didn't get the letter until today. Not exactly a 5 day notice, is it?
The second problem (the real one) is that I have a receipt from the housing office dated 12-11-03 which shows that I've paid rent from last Oct through the end of this month, as well as all late/delinquent/NSF fees & utilities through the same time period. The housing office worker signed off on the receipt (thereby agreeing that the amounts on the receipt are correct) and the housing office has a copy of this in their books.
Now, my question is: do I have any legal options here? Can I sue these greedy, heartless bastards for anything? Does the fact that I have a receipt and it is signed by the housing office worker (who signs all receipts) mean that I don't owe them anything, or is a receipt worthless? I need to head over there by tomorrow (would rather do it today and get it out of the way) and I'd like to have some ammunition to back me up. I've put up with their shyte ever since I got here, as have all the rest of the tenants in student housing. These apartments are a joke, too. They were finished in June '03 and in March '04 you can't walk into an apartment that doesn't have massive amounts of damage to it (furniture, ceilings, lights, fans, appliances - everything broken or not working properly). One might say "it's a bunch of students, what do you expect?" but to that I say rubbish! One really would have to see these apartments for themselves to appreciate truly how half-assed they were constructed. They really are falling apart and they're not even a year old yet.
These apartments are a joke. The students that live here are being charged above fair-market value for shoddily-constructed housing in a "bad" area, 5 murders within a 3 mile radius just since my class got here in June, one body was found in a field only a couple hundred yards away. Also, we have had several vehicles stolen from our parking lot as well as far more broken into and had stereo equipment stolen. Thousands of dollars of personal property has been stolen or damaged and the housing office has done nothing to stop it other than hire a security guard to patrol the lots (only on weekend nights though). They had local PD doing the same thing (weekend nights) for awhile and that worked while the cops were there, but the theft and destruction continued while they were off-premises. They keep sending us letters talking about all the improvements they've made (security/cops on weekends being the *ONLY* improvement) and the ones they're "thinking" about making (better lighting, security cameras, gated entrances, fences, etc.) none of which are likely to happen, however.
Just a couple weeks ago they (the housing office) sent all students here a bill for "delinquent utilities", even to those students who had paid everything in full and on-time every single month they were here. Utilities (water & electricity) are included in the rent ($35 per person per month) so I don't see how they can even try pulling this kind of b.s. Not only that, but $35 per person per month in Tulsa, OK isn't exactly the going rate... The same thing goes for the rent. $350 per person per month is *not* the going rate in Tulsa, especially not in such a crime-ridden area. They should be paying us to live here. They got this land for next-to-nothing because it's directly in the path of 90+% of all airport traffic, which happens to be less than a mile away so we get to hear F16s fly a hundred feet over our heads with their afterburners on. Not a very pleasant way to be woken up if you ask me...
Anyway, sorry for the long post. I really could go on and on here, harrassing phone calls from the apartment manager to parents "Hi, this is Mark xx housing, your son no longer lives here, CLICK" (actual phone call to my mother, which was just plain wrong). If there are any lawyers or law students that have any advice, please feel free to chip in.
Due to the condition of the apartments overall, the ridiculously-high prices for rent & utilities (once again, well above fair market value), and the failure to provide a safe place to live, I believe the students here should band together and get a class-action lawsuit against the company which runs the student housing complex. Would the students here have any solid ground to stand on if we were to attempt such a thing? We tried getting a lawyer involved in the past (but that was through one of the teachers at the school) and absolutely nothing came about as a result.
Thanks in advance
 

PowerMac4Ever

Banned
Dec 9, 2000
5,246
0
0
Chill out... it's probably a mistake. My roommate had the same problem at our University.

I don't think "g-d" would like you filing frivolous lawsuits against your school.
 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
Originally posted by: werk
The answer is paragraphs.

Just trying to get my thoughts all out there at once. Working with a small amount of time here...
Besides, they are seperated into paragraphs.
 

minendo

Elite Member
Aug 31, 2001
35,558
16
81
You chose to live there and signed the lease. Not the other way around.
 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
Originally posted by: PowerMac4Ever
Chill out... it's probably a mistake. My roommate had the same problem at our University.
I don't think "g-d" would like you filing frivolous lawsuits against your school.

Edit: nice edit. Just couldn't resist the opportunity to slam me, could ya? Oh, and you're wrong, btw. The housing office is entirely *un*-affiliated with the school. They have no relation whatsoever, other than the fact that the school gave this company the right to manage its housing.
No, it's not a mistake. That's just the problem. They've done this with other students before (they've even tried it with me once already) and I'm getting really sick of it.
You all want cliff's notes? Fine:
Student housing office sends me a notice to pay two months delinquent rent with only 1 day's notice instead of the 5 stated directly on the letter. I have a receipt from 3 months ago showing that I've paid *everything* I owed at the time and through the end of this month.
The housing office employee that signed off on the receipt said "she miscalculated the receipt and I owe them more money" only just recently. I don't think this is my problem. If you can't add, then you shouldn't be signing off on receipts for over $2000.00, should you?
 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
Originally posted by: minendo
You chose to live there and signed the lease. Not the other way around.

What about the phrase "they're trying to screw me out of $770 despite the fact that I have a signed receipt stating otherwise" do you *not* understand?
 

minendo

Elite Member
Aug 31, 2001
35,558
16
81
Originally posted by: Flyermax2k3
Originally posted by: minendo
You chose to live there and signed the lease. Not the other way around.

What about the phrase "they're trying to screw me out of $770 despite the fact that I have a signed receipt stating otherwise" do you *not* understand?

In your babbling you bitch about being overcharged, living in a dump, etc. You chose the place so none of that has any effect on anything.
 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
LOL, so because I chose to live here they're not responsible for upholding their end of the bargain? I must uphold the lease but they are under no such obligation? It's a two-way street, buddy.
 

minendo

Elite Member
Aug 31, 2001
35,558
16
81
Originally posted by: Flyermax2k3
LOL, so because I chose to live here they're not responsible for upholding their end of the bargain? I must uphold the lease but they are under no such obligation? It's a two-way street, buddy.

They have no control over the area.
 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
Originally posted by: minendo
Originally posted by: Flyermax2k3
LOL, so because I chose to live here they're not responsible for upholding their end of the bargain? I must uphold the lease but they are under no such obligation? It's a two-way street, buddy.

They have no control over the area.

The housing office is on-campus. Campus is literally a football field away from the housing complex.
How are they not responsible for the safety of student housing? Did you not read the part about the DEAD BODY FOUND IN THE FIELD A COUPLE HUNDRED YARDS AWAY, OR THE OTHER 4 MURDERS IN A 3-MILE RADIUS? Let's just forget all the stolen vehicles and other personal property while we're at it...
They chose an unsafe location for their housing complex, they should have to remedy that situation. I don't think they're going to move the housing complex, so that means more security measures.
I know you don't like me, Minendo, but you don't need to argue with me just because it's me...
 

minendo

Elite Member
Aug 31, 2001
35,558
16
81
Originally posted by: Flyermax2k3
Originally posted by: minendo
Originally posted by: Flyermax2k3
LOL, so because I chose to live here they're not responsible for upholding their end of the bargain? I must uphold the lease but they are under no such obligation? It's a two-way street, buddy.

They have no control over the area.

The housing office is on-campus. Campus is literally a football field away from the housing complex.
How are they not responsible for the safety of student housing? Did you not read the part about the DEAD BODY FOUND IN THE FIELD A COUPLE HUNDRED YARDS AWAY, OR THE OTHER 4 MURDERS IN A 3-MILE RADIUS? Let's just forget all the stolen vehicles and other personal property while we're at it...
They chose an unsafe location for their housing complex, they should have to remedy that situation. I don't think they're going to move the housing complex, so that means more security measures.
I know you don't like me, Minendo, but you don't need to argue with me just because it's me...

Read your lease. Did they guarantee personal safety in that lease?
 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
Originally posted by: K1052
Move the hell out of that dump ASAP. Simple.

One-year-lease. Can't get out till the end of June. Every student that moved in signed the same lease. Something one must realize about this school is that over 95% of its students are from out-of-state so are not familiar with the area. We all signed the lease because the school told us the apartments were "brand-new and a great deal". Little did we know that a house in a much safer area of town would cost less than these apartments do.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Flyermax,

Your complaints have nothing to do with the fact that you have a receipt that you paid 6 months rent and that they have billed you for two months you paid for. The signed receipt would hold up in a court of law, generally. This is obviously an error and along with the utility billing problem, sounds like the HA just has a bad bookkeeper. This error on the HA part is not grounds for any lawsuit, though.

If you have a legitimate complaint or feel that the HA has breached the contract you have with them, then you could definitely seek a settlement through the court systems, but from what I've read you don't have any different normal issues than most apartment tenants. You can always move at the end of June, right?
 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
Originally posted by: minendo
Originally posted by: Flyermax2k3
Originally posted by: minendo
Originally posted by: Flyermax2k3
LOL, so because I chose to live here they're not responsible for upholding their end of the bargain? I must uphold the lease but they are under no such obligation? It's a two-way street, buddy.

They have no control over the area.

The housing office is on-campus. Campus is literally a football field away from the housing complex.
How are they not responsible for the safety of student housing? Did you not read the part about the DEAD BODY FOUND IN THE FIELD A COUPLE HUNDRED YARDS AWAY, OR THE OTHER 4 MURDERS IN A 3-MILE RADIUS? Let's just forget all the stolen vehicles and other personal property while we're at it...
They chose an unsafe location for their housing complex, they should have to remedy that situation. I don't think they're going to move the housing complex, so that means more security measures.
I know you don't like me, Minendo, but you don't need to argue with me just because it's me...

Read your lease. Did they guarantee personal safety in that lease?

I would expect a guarantee OF NO DEAD BODIES ON MY DOORSTEP!! Get over yourself. If you truly think the company which owns and operates this housing complex is not responsible for assuring its security, you either hate me too much to think straight or are a neocon corporate ass-kisser.
 

K1052

Elite Member
Aug 21, 2003
46,885
34,850
136
Originally posted by: Flyermax2k3
Originally posted by: K1052
Move the hell out of that dump ASAP. Simple.

One-year-lease. Can't get out till the end of June. Every student that moved in signed the same lease. Something one must realize about this school is that over 95% of its students are from out-of-state so are not familiar with the area. We all signed the lease because the school told us the apartments were "brand-new and a great deal". Little did we know that a house in a much safer area of town would cost less than these apartments do.

You only have a couple more months to go. Just tough it out and move once the lease is up.
 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
Originally posted by: CPA
Flyermax,

Your complaints have nothing to do with the fact that you have a receipt that you paid 6 months rent and that they have billed you for two months you paid for. The signed receipt would hold up in a court of law, generally. This is obviously an error and along with the utility billing problem, sounds like the HA just has a bad bookkeeper. This error on the HA part is not grounds for any lawsuit, though.

If you have a legitimate complaint or feel that the HA has breached the contract you have with them, then you could definitely seek a settlement through the court systems, but from what I've read you don't have any different normal issues than most apartment tenants. You can always move at the end of June, right?

CPA, thanks for the advice. That's exactly what I was looking for. As far as any lawsuit goes, however, I would have to disagree simply on the basis that I live here and know just how poorly these buildings were put together.
Concerning the "bookkeeper", this is not a simple mistake. They have tried this with myself and others before, and are simply trying to get more money from us. Repeated mistakes are no longer mistakes, unless you're a complete idiot.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Originally posted by: Flyermax2k3
Originally posted by: minendo
Originally posted by: Flyermax2k3
Originally posted by: minendo
Originally posted by: Flyermax2k3
LOL, so because I chose to live here they're not responsible for upholding their end of the bargain? I must uphold the lease but they are under no such obligation? It's a two-way street, buddy.

They have no control over the area.

The housing office is on-campus. Campus is literally a football field away from the housing complex.
How are they not responsible for the safety of student housing? Did you not read the part about the DEAD BODY FOUND IN THE FIELD A COUPLE HUNDRED YARDS AWAY, OR THE OTHER 4 MURDERS IN A 3-MILE RADIUS? Let's just forget all the stolen vehicles and other personal property while we're at it...
They chose an unsafe location for their housing complex, they should have to remedy that situation. I don't think they're going to move the housing complex, so that means more security measures.
I know you don't like me, Minendo, but you don't need to argue with me just because it's me...

Read your lease. Did they guarantee personal safety in that lease?

I would expect a guarantee OF NO DEAD BODIES ON MY DOORSTEP!! Get over yourself. If you truly think the company which owns and operates this housing complex is not responsible for assuring its security, you either hate me too much to think straight or are a neocon corporate ass-kisser.

ok, now you're being a complete a$$.

This conservative provided some help above this nonsensicle post.

You can't live in a vacuum. Things happen. You obviously have never lived in an apartment complex. Just the mere fact that you have so many people living in a confined area, there are going to be problems that affect you that the management just cannot forsee or control. Learn to deal with it or next time get a few buddies and rent a house.

 

Flyermax2k3

Diamond Member
Mar 1, 2003
3,204
0
0
Originally posted by: K1052
Originally posted by: Flyermax2k3
Originally posted by: K1052
Move the hell out of that dump ASAP. Simple.

One-year-lease. Can't get out till the end of June. Every student that moved in signed the same lease. Something one must realize about this school is that over 95% of its students are from out-of-state so are not familiar with the area. We all signed the lease because the school told us the apartments were "brand-new and a great deal". Little did we know that a house in a much safer area of town would cost less than these apartments do.

You only have a couple more months to go. Just tough it out and move once the lease is up.

I plan on it. Every single person in my class is planning on doing the same, as well. We'll see how they like an entire class of students moving out on them. Then maybe they'll wise up. Or better yet, go out of business.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Originally posted by: Flyermax2k3
Originally posted by: CPA
Flyermax,

Your complaints have nothing to do with the fact that you have a receipt that you paid 6 months rent and that they have billed you for two months you paid for. The signed receipt would hold up in a court of law, generally. This is obviously an error and along with the utility billing problem, sounds like the HA just has a bad bookkeeper. This error on the HA part is not grounds for any lawsuit, though.

If you have a legitimate complaint or feel that the HA has breached the contract you have with them, then you could definitely seek a settlement through the court systems, but from what I've read you don't have any different normal issues than most apartment tenants. You can always move at the end of June, right?

CPA, thanks for the advice. That's exactly what I was looking for. As far as any lawsuit goes, however, I would have to disagree simply on the basis that I live here and know just how poorly these buildings were put together.
Concerning the "bookkeeper", this is not a simple mistake. They have tried this with myself and others before, and are simply trying to get more money from us. Repeated mistakes are no longer mistakes, unless you're a complete idiot.


And you may have a point, and you should be congratulated for being aware of what's going on. But it still is not lawsuit ready, unless you can prove actual damages and intent. I would go for the verbal beatdown on the management before even thinking about filing a suit.
 

Alphathree33

Platinum Member
Dec 1, 2000
2,419
0
0
ATOTers are such retards. Everytime someone asks a question, people go off to the left and off to the right and flame him, but no one ever answers his question.

He's been double billed for something. He wants to know if there is anything he can do about that beyond simply complaining. Answer THAT question. Cripes.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Originally posted by: Alphathree33
ATOTers are such retards. Everytime someone asks a question, people go off to the left and off to the right and flame him, but no one ever answers his question.

He's been double billed for something. He wants to know if there is anything he can do about that beyond simply complaining. Answer THAT question. Cripes.

Read the whole thread. Some of us have posted answers.
 
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