A friend of mine found herself in hotwater with an apartment manager.
Long story short, her pet passed away a couple of months ago. Recently, her lease was up and wanted to renew. The renewal paper did not include her pet. She called the apartment to see why that was the case, and was informed that the apartment allowed her to have a pet primarily because the pet was grandfathered in.
She asked for a refund on her pet deposit, and that's when things went south. The apartment manager was rude ... and, my friend did not get the check refunded as promised.
When my friend called to inquire about the check, the manager she spoke to was unprofessional. The apartment manager was being condasending, and argumentative. My friend was attempting to plead her case. She was patient, and brought to the attention of the manager that the complex had well over 6 months to refund the deposit.
During that conversation, my friend also brought to the attention of the manager that she was a model resident, and had recent received a letter to that effect from the previous manager. She summarized her good rapport with the previous staff. However, the current manager was abrupt, and rather than reaching out hung up. This is when things escalated to where my friend called the executive office to discuss the issue.
She spoke with a VP, and was assured things would be resolved. She did get the check, and then a letter from an attorney's office indicating that if she ever contacted the office again that the complex would file a restraining order, and an eviction notice...
To me this sound absurd! What recourse does she have? She like her place and doesn't want to move. She has lived there for 6 plus years. The irony is that, she just received a reference from the ex-manager. The new manager has been there for less than a week...
-- Modified on 3/14/2004 9:32:48 AM
something is miss in this story I write the guy owns the place and tell the lawery to up you know wear
In what city does your friend live? Is there rent control? If rent control, terms like the pet clause may not be changed after moving in even if you have a "one year lease".
Assuming this is a non-rent control area, the "pet deposit" is actually part of the "security deposit" which is only refundable after your friend vacates the unit. The logic is it is only then that the amount of the damage to the unit can be determined. So, no money until after vacate the unit.
Hope that helps.
"The apartment manager was rude ... and did not get the check refunded as promised. When my friend called to get the check she was unprofessional. Things escalated to where my friend called the executive office to discuss the issue.
She spoke with a VP, and was assured things would be resolved. She did get the check, and then a letter from an attorney's office indicating that if she ever contacted the office again that the complex would file a restraining order, and an eviction notice... "
When you say your friend was "unprofessional" what do you mean? I have a feeling that this is why your friend received the letter from the attorney. If your friend was threatening in any way then they do have the right to file a request for a restraining order and it would probably be granted. I'm not sure if they could evict her but who knows. Why would she even want it to get that far? If her apartment is not covered under rent control then they can give her notice to vacate anytime they want with 30 days notice if she's lived there for under 1 year or 60 days for longer. If she is covered under rent control then it's trickier but not impossible.
She would be best advised to work with her apartment manager and if she does need to escalate things then she should write a letter to the agency instead of calling.
Oops ... My friend was never unprofessional. She works in PR and knows better.
Here are some additional points to ponder ...
1/ I have know my friend for well over 15 years. She is a simple, straight forward soul. No games, just the facts is her approach. So, to answer the posts that question something may have been left out ... no there's nothing left out.
2/ She has been a resident there for almost 8 years. During which time, the complex has exchanged hands - owners/management 3 times. The present crop of owners/managers are the worst of the bunch.
3/ By law, when a pet passes away the resident can legally make a request for the refund on the pet deposit. The apartment staff makes a visual inspection for any damage, and then file the paper work for the refund.
4/ Her pet passed away mid-last year. The apartment did make the visual inspection twice - once last year, and then again in January. According to laws in California, the deposit should have been refunded within 3 weeks. Apartment promised within 2, and did not!
5/ Things wen't a little astray when the complex sent her a new leasing agreement. She requested to either include one pet, for which the deposit was made, or refund the money. The assistant manager who spoke to her was very rude in handling this, so my friend spoke with the manager.
6/ The manager apologized, and informed my friend that the deposit would be returned in 10 days. Unfortunately, that did not happen. The manager who made the promise has since left, and a new manager has taken her place. I was present when my friend made the call, and she was polite and professional. She requested an immediate refund, and was stonewalled. When she asked for an escalation point of contact ... things went south. There WERE NO threats made - The purpose, and the focus of the call was the refund period.
7/ The apartment has been sued a number of times for making false promises, and breach of contract. They even force their tenants to pay for water/sewage/thrash without providing any details. The tenants don't have individual water meters ... so, something is not right.
8/ My friend has faxed a letter to the law office. She has articulated in chronological fashion what really transpired. She has offered to put this episode behind, and start afresh. And, by the way ... she has done a lot for the complex. Getting the city to change specific ordinances, etc.
Yes! The whole thing sounds stupid. Personally, with the way folks are leaving CA, and the market the way it is having long tenured tenants should be considered an asset ...
Cheers,
- Blue Thrills
So, it seems like you already know the answers to your questions. I'm not sure what more you want. Like I wrote earlier your friends landlord can give her notice to vacate tenancy for any reason unless it is a rent controlled property. If I were your friend I would lie low and not give them any reason to do this, especially becuase your friend believes that the owners are not very nice.
if the story is true as written Sue in small clams court Whats miss for the story So what about the apartment manager I can not tell you how am manying calls i get from people abot this The manage is no body in the long ruin Send a letter ask for your depost back or you will sue Your not sueing the manage your sueing owner I assume you do not live there Some you need say no
Your post makes no sense.