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Things That Are Bothering You, Got You All Hibbeldy-Jibbeldy, or just downright pissed, RIGHT NOW! - Page 4774

post #71596 of 85808
Sent my Demand Letter to my scumbag LL, indicating he violated all the security deposit rules, entitling me to not just my FULL amount back, regardless of whether I caused any damages or not, but also triple damages.

Fucker proceeded to deduct an arbitrary amount without even itemizing what he deducted it for (not that it would hold up anyway) and sent it to me 46 days late.

I am going to take him to court but all the attorneys I've consulted don't want to take him to small claims because of the "unpredictability of magistrates" and inability to serve discovery and file an appeal should I lose. They all say the facts are on my side and want me to take him to district court, which is significantly more time-consuming of a process.

At first I thought they were advocating DC because they wanted more fees, which I'm sure is true to an extent, but now I'm not sure small claims is the way to go, regardless of how strong my case is.

Argh. The last thing I want is have this go to DC and see the process take more than 6 months. Anyone have any experience with small claims / civil court vs. DC?
post #71597 of 85808
Quote:
Originally Posted by Biscotti View Post

Prostate is a social construct.

Avoiding wanking must have a health warning...
post #71598 of 85808
GF, how much did he short you?
post #71599 of 85808
Quote:
Originally Posted by Piobaire View Post

GF, how much did he short you?

Only $170, which is nothing. It's the principle of it all. Had he sent me my full amount back, I might have just dropped it. But the fact that he had the balls to blatantly disregard the laws when it was spelled out perfectly clear for him in the letter has my blood boiling.

At this point, I'm in vindictive mode and want to sue him for the triple damages.

This is a guy who asked me to pay him rent through this payment platform so he could get direct deposits instead of having to cash checks -- totally reasonable and I was happy to oblige. But he would tack on the $1 service charge of receiving funds TO ME. He's that type of person and I fucking hate him.
post #71600 of 85808
Keep us updated on the case.
post #71601 of 85808
Is he the old dude that would walk around in dirty underwear and flash you occasionally? (I may have imagined the flashing part)
post #71602 of 85808
Yep, the old dude.

Fucker also has an older dog (12-years-old I think) and he would just leave her at home, unattended, for 10-12 hours at a time. I would frequently come home to find that she had soiled / peed the premises. He would also turn off the heat during the day when no one was home and she would be all curled up and shivering when I'd get back from work.

He's a real piece of work.
post #71603 of 85808
Quote:
Originally Posted by GreenFrog View Post

Yep, the old dude.

Fucker also has an older dog (12-years-old I think) and he would just leave her at home, unattended, for 10-12 hours at a time. I would frequently come home to find that she had soiled / peed the premises. He would also turn off the heat during the day when no one was home and she would be all curled up and shivering when I'd get back from work.

He's a real piece of work.

I'm so happy I haven't been renting for 15 years now..
post #71604 of 85808
Quote:
Originally Posted by GreenFrog View Post

Yep, the old dude.

Fucker also has an older dog (12-years-old I think) and he would just leave her at home, unattended, for 10-12 hours at a time. I would frequently come home to find that she had soiled / peed the premises. He would also turn off the heat during the day when no one was home and she would be all curled up and shivering when I'd get back from work.

He's a real piece of work.

What kind of weird place did you rent? Don't you own an M3/M5? Why couldn't you move into a normal apartment building? I've been renting for 7 years and the only major issue I've had was a roommate that decided not to pay his share of the rent for 6+ months.

PS - do you really need an attorney for small claims court? I can see why lawyers wouldn't be interested in going to small claims for $170. May as well raise the stakes by going to district court.
post #71605 of 85808
Quote:
Originally Posted by Joffrey View Post

What kind of weird place did you rent? Don't you own an M3/M5? Why couldn't you move into a normal apartment building? I've been renting for 7 years and the only major issue I've had was a roommate that decided not to pay his share of the rent for 6+ months.

PS - do you really need an attorney for small claims court? I can see why lawyers wouldn't be interested in going to small claims for $170. May as well raise the stakes by going to district court.

It was actually quite nice -- just a 3 BR / 1 BA house. Yes, I ownED an M5, but I sold it recently (also, they're not that expensive when bought used, which is what I did). And I like to save money, so while I could afford a nicer place, it's not worth it to me. Now, I live in a normal apartment building with multiple stories and such. It's professionally managed, which is convenient.

I don't need an attorney for small claims court; in fact, it's designed to be used without one. But under MA tenant / LL laws, the losing party must cover the winning party's court and legal fees, so it doesn't hurt to have one in my case. And I'm not going for the $170 (in fact, the fact that the shitbag deducted some portion strengthens my case even further), I'm going for 3X my security deposit, which is a couple thousand bucks.

I'm leaning towards district court and letting it play out. I'm just hoping it settles before this summer, as I anticipate moving again for a new job.
post #71606 of 85808
...
Edited by Biscotti - 2/3/15 at 11:00am
post #71607 of 85808
A very young sales person at furniture shop talking to me, like I was completely clueless, almost slapped him.
Edited by Find Finn - 2/1/15 at 1:40pm
post #71608 of 85808
Quote:
Originally Posted by Biscotti View Post

Not worth the stress IMO. Take it as a lesson learned and move on with life. I was in a somewhat similar situation once, and although I wanted to take the fucker to court, a) Even if I won I couldn't force the man to pay and b) If I lost, I would have to cover his court costs. Too much risk. The fucker already had liens on his property from court judgements, so he wasn't going to pay. If I lost, I would've had to pay, as not doing so would effect licensing.

Lesson learned, do research on those you rent from. A thorough check on the dude would have revealed he is a piece of shit.

I don't know the facts around your case, so it's hard to tell whether your anecdote is relevant or not. Was the fucker making income? If so, you could obtain a Writ of Execution after winning the judgment to garnish his wages. Worst comes to worst, you can attach liens to his property as well and get the Sheriff to take his assets, sell them at an auction, and split the proceeds with the other lien holders.

This obviously is a lot of headache and effort, so it's up to you to decide whether it's worth your time.

Also, researching landlords (when they aren't corporations) is next to impossible -- but hey, that's a business idea! Yelp for landlords.

I'm not going to let this fucker win. He's going to continue skirting the law and fuck over future tenants as well. Fuck that fucker. I'm going to get him.
post #71609 of 85808
Pro-tip: get a 1 Bedroom. Everything is hunky dory at Conne's Pussy Palace.
post #71610 of 85808
Quote:
Originally Posted by Connemara View Post

Pro-tip: get a 1 Bedroom. Everything is hunky dory at Conne's Pussy Palace.

crackup[1].gif
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