Toro 1 Posted May 16, 2006 Just called to let me know that they were going to go ahead and not charge me for the carpet and give me back my full $200 security deposit. So now here is the question: I can take the 200 bucks and be happy, or I can sue them and win 700 bucks. What to do? Share this post Link to post Share on other sites
hoytdwow 202 Posted May 16, 2006 Buy a house. Renting is like throwing money away. HTH Share this post Link to post Share on other sites
Isotopes 1 Posted May 16, 2006 Just called to let me know that they were going to go ahead and not charge me for the carpet and give me back my full $200 security deposit. So now here is the question: I can take the 200 bucks and be happy, or I can sue them and win 700 bucks. What to do? Wasn't it $400 yesterday? Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 Buy a house. Renting is like throwing money away. HTH I have a house, fockface. Share this post Link to post Share on other sites
hoytdwow 202 Posted May 16, 2006 I have a house, fockface. Oh. Well what's this apartment stuff then? Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 Wasn't it $400 yesterday? I thought it was 400. Now they are saying it was only 200. I am getting my lease and other info faxed over. Share this post Link to post Share on other sites
Jeff Garcia 8 Posted May 16, 2006 I would still sue, won't cost you nothing but your time. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 I would still sue, won't cost you nothing but your time. That's what I was thinking. But at the same time, I will have to wait for the judgement and such. Share this post Link to post Share on other sites
Jeff Garcia 8 Posted May 16, 2006 That's what I was thinking. But at the same time, I will have to wait for the judgement and such. Still, 200 bucks isn't really that much money, when you can get 3 times as much. Share this post Link to post Share on other sites
56 0 Posted May 16, 2006 Sue. You snoozed on the $$ this long, what is a few more months? Also, it sounds like they were in shakedown mode with you. Who knows how many saps they get to pay these bs bills. Do it for the saps. Share this post Link to post Share on other sites
Hitfreak 0 Posted May 16, 2006 Just called to let me know that they were going to go ahead and not charge me for the carpet and give me back my full $200 security deposit. So now here is the question: I can take the 200 bucks and be happy, or I can sue them and win 700 bucks. What to do? Is it really worth the time and effort for $500.00?? I don't know I'm just asking. Share this post Link to post Share on other sites
GutterBoy 2,513 Posted May 16, 2006 Just take the $200 and be done. You had forgotten about it anyway. Share this post Link to post Share on other sites
Strike 4,127 Posted May 16, 2006 I would negotiate with them. Tell them you want double or you're suing. If they know the law is in your side they'll cave. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 Is it really worth the time and effort for $500.00?? I don't know I'm just asking. It will cost me 65 to file. That 65 is recoverable on winning. They already have a premade form for you to fill out for this exact case online. The time invloved might be 4 or 5 hours, at the most. She already faxed over the prrof that we did give them a correct forwarding address (without the zip code) as well as my current cell number. The proof is in the pudding. The real question is are they going to actually go through the process or just settle with me out of court for the amount so that they don't have to actually send a lawyer to the case. That alone would cost them another couple hundred. Share this post Link to post Share on other sites
D'ohmer Simpson 0 Posted May 16, 2006 I thought it was 400. Now they are saying it was only 200. I am getting my lease and other info faxed over. 400 - 190 = 210, so they're rounding down and still screwing you. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 Just take the $200 and be done. You had forgotten about it anyway. I admit that I did, but the thing that pisses me off was that the lady tried to strongarm me. She said that I had to pay and when I asked her about the process to dispute this claim, she said the time limit was expired and that I didn't have a choice. Taking the 200 would be the easiest thing to do. Share this post Link to post Share on other sites
drobeski 3,061 Posted May 16, 2006 sue for 500 lousy bucks ? if you're that focking hard up maybe the gang can make a collection for ya. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 400 - 190 = 210, so they're rounding down and still screwing you. No, the security deposit was 200, not 400. The bill for the charges was 196.37. sue for 500 lousy bucks ? if you're that focking hard up maybe the gang can make a collection for ya. It will pay for my plane ticket to Belize. Share this post Link to post Share on other sites
D'ohmer Simpson 0 Posted May 16, 2006 No, the security deposit was 200, not 400. The bill for the charges was 196.37.It will pay for my plane ticket to Belize. So you were wrong yesterday. And they're giving you the $200 back. Exactly what could you sue them for then? Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 So you were wrong yesterday. And they're giving you the $200 back. Exactly what could you sue them for then? LIABILITY OF LANDLORD. (a) A landlord who inbad faith retains a security deposit in violation of thissubchapter is liable for an amount equal to the sum of $100, threetimes the portion of the deposit wrongfully withheld, and thetenant's reasonable attorney's fees in a suit to recover thedeposit. ( A landlord who in bad faith does not provide a writtendescription and itemized list of damages and charges in violationof this subchapter: (1) forfeits the right to withhold any portion of thesecurity deposit or to bring suit against the tenant for damages tothe premises; and (2) is liable for the tenant's reasonable attorney'sfees in a suit to recover the deposit. © In an action brought by a tenant under this subchapter,the landlord has the burden of proving that the retention of anyportion of the security deposit was reasonable. (d) A landlord who fails either to return a security depositor to provide a written description and itemization of deductionson or before the 30th day after the date the tenant surrenderspossession is presumed to have acted in bad faith.Acts 1983, 68th Leg., p. 3641, ch. 576, § 1, eff. Jan. 1, 1984. Share this post Link to post Share on other sites
Hitfreak 0 Posted May 16, 2006 It will cost me 65 to file. That 65 is recoverable on winning. They already have a premade form for you to fill out for this exact case online. The time invloved might be 4 or 5 hours, at the most. She already faxed over the prrof that we did give them a correct forwarding address (without the zip code) as well as my current cell number. The proof is in the pudding. The real question is are they going to actually go through the process or just settle with me out of court for the amount so that they don't have to actually send a lawyer to the case. That alone would cost them another couple hundred. So you win the lawsuit in small claims court.. I bet you still wouldn't see any of the $$ Share this post Link to post Share on other sites
D'ohmer Simpson 0 Posted May 16, 2006 Your failure to provide a zip code could all the legal loophole they need to show they tried to give it back, but it was returned. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 Your failure to provide a zip code could all the legal loophole they need to show they tried to give it back, but it was returned. They had my phone number and it's very easy to ask someone what zip code it would be. Plus they have a signature of receipt on the document. This would mean that they accepted it as if it were good. Share this post Link to post Share on other sites
D'ohmer Simpson 0 Posted May 16, 2006 They had my phone number and it's very easy to ask someone what zip code it would be. Plus they have a signature of receipt on the document. This would mean that they accepted it as if it were good. Still a legal loophole. Share this post Link to post Share on other sites
RLLD 3,582 Posted May 16, 2006 ANY opportunity to screw those who manage apartment and condominium facilities should be siezed and exploited to the fullest possible degree. These cats make organized crime seem pretty ok..... Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 Still a legal loophole. That a judge would never accept as reasonable. Or a jury for that matter. Share this post Link to post Share on other sites
TerrySilver 0 Posted May 16, 2006 a couple of hundred bucks isnt worth the hassle in my book. and i can guarantee you that it will be more time consuming then you expect Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 a couple of hundred bucks isnt worth the hassle in my book. and i can guarantee you that it will be more time consuming then you expect I think I am going to call her back and ask for 500. Share this post Link to post Share on other sites
BlackClouds 24 Posted May 16, 2006 I would take the $200, then throw a brick through said landlords window later that night. Share this post Link to post Share on other sites
D'ohmer Simpson 0 Posted May 16, 2006 That a judge would never accept as reasonable. Or a jury for that matter. If I was your judge, I'd see that you were getting your money back (your problem you didn't pursue getting it back sooner) and toss the case outa court. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 If I was your judge, I'd see that you were getting your money back (your problem you didn't pursue getting it back sooner) and toss the case outa court. Your not. and it's obvious why. Share this post Link to post Share on other sites
RLLD 3,582 Posted May 16, 2006 a couple of hundred bucks isnt worth the hassle in my book. and i can guarantee you that it will be more time consuming then you expect I owned a condo years ago, rented it out after I had a house built and had to replace the carpets and linoleum after a few years. It was then that I learned the subfloor was installed improperly. When I took it to Victory Managment, the cvm eating assbags who managed the property, they told me it was my problem and not theirs- a lie. Then they told me I should not bother going through my insurance company because they would not cover it either- another lie. WHen I called my insurance company they said it was covered in the master policy held by the management group, so I called them about it, and they told me thay had no provision for subflorring- more lies. I could have just paid an extra $50 and had some plywood laid down, but I was pissed. So I went to their office and spent an hour leafing through their master policy until I found the section that stated they covered the subfloor in ALL INSTANCES. When I brought it to their attention they didnt even bat an eye, just gave me a paper to sign indicating what needed to be done to the floor, then told me they would call me. THEY KNEW THE ENTIRE TIME..... Go get them, for all of those they fock on a daily basis... Share this post Link to post Share on other sites
D'ohmer Simpson 0 Posted May 16, 2006 Your not. and it's obvious why. Yeah, because I have to much common sense. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 Yeah, because I have to much common sense. Evidence to the contrary. Share this post Link to post Share on other sites
phillybear 365 Posted May 16, 2006 Weird things happen in court all the time. Even if you are in the right doesn't mean you will win. Hedge the bet. Take the sure thing money. Share this post Link to post Share on other sites
D'ohmer Simpson 0 Posted May 16, 2006 Evidence to the contrary. Well, let us know how you make out. You failed to provide a zip code, failed to try to get the money in a reasonable amout of time b/c you forgot about it, then thought you were getting $200 more than you really should. Good luck with all of that. Share this post Link to post Share on other sites
Dr. Octopus 0 Posted May 16, 2006 That a judge would never accept as reasonable. Or a jury for that matter. small claims court does not have juries, but agree a judge would see that as BS. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 small claims court does not have juries, but agree a judge would see that as BS. actually, in TX you can request a 6 person jury. Well, let us know how you make out. You failed to provide a zip code, failed to try to get the money in a reasonable amout of time b/c you forgot about it, then thought you were getting $200 more than you really should. Good luck with all of that. Oh, ok. So it's ok to not follow the law if there is a good reason why not? Share this post Link to post Share on other sites
D'ohmer Simpson 0 Posted May 16, 2006 actually, in TX you can request a 6 person jury.Oh, ok. So it's ok to not follow the law if there is a good reason why not? Just saying you've bumbled this from the start. Wouldn't be worth my time but seriously, good luck. Share this post Link to post Share on other sites
Toro 1 Posted May 16, 2006 Just saying you've bumbled this from the start. Wouldn't be worth my time but seriously, good luck. Your wrong. Share this post Link to post Share on other sites