Tell her this...ITS time to move...get out of there...'cause some wierd stuff is going to go down soon.
Also, what I am confused..she didn't move so really she shouldn't get the deposit until after she moves.
Shaye
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 9:36:25 AM
Unless you were there, you are probably only hearing one side of the story (your friends side..)
Very strange all around.
Unless she vacated the property she shouldn't have received her pet deposit back. The deposit is too guarantee against damge done by the pet. Unless they inspected and decided that there was no damage, it is very unusual to give back the deposit.
Your friend must have been less than professional with the Executive Office as well or they wouldn't threaten a restraining order. She will not have to move if she deals through the manager instead of calling the executive offices.
The whole business is very strange and both sides seem to have been very unprofessional. It also sounds like your friend isn't telling you everything. To get a restraining order to stick, there has to be a threat of bodily harm. None of that appears in the story as you related it. Your friend has more to explain.
You're leaving something out. Threatening letters like that are sent for a reason. What was the complaint against your friend? Was she abusive to the manager?
I'm not sure what "recourse" you are looking for. Other than a threatening letter, what is the problem? It appears your friend is not on good terms with the manager, and that's just the way it is.
Also, I'm not clear on whether the problem was with the new manager or the ex manager. Did the ex manager get fired because of this conflict?
I agree with MichaelCA. The landlord is not required to return the deposit until the tennant vacates the apartment. There must have been some significant threat of violence in order for a restraining order to be issued. There has got to be more here!
Tell her this...ITS time to move...get out of there...'cause some wierd stuff is going to go down soon.
Also, what I am confused..she didn't move so really she shouldn't get the deposit until after she moves.
Shaye
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
My experience has been that dealing with a large landlord company is akin to dealing with the federal government. (Take a number and get in line.) Expect to have to make repeated calls and requests regarding ANYTHING. Otherwise, you get lost in the shuffle. Daily persistence is the key to getting things accomplished. The company has to know that you won't suffer their indifference silently.
All the big company cares about is their bottom line and several times I've witnessed a complete slash of services in order for them to make their profit. I'm no expert but I think that in most states a landlord is restricted from raising rental fees beyond something like 5 or 6 percent (I don't know, it could be more) every year. Often, a landlord/managing company will decrease service and courtesy if they are seeking to get people to leave so that they can establish a much higher rent with a new tenant. The old squeeze play.
If your friend can do it, she should begin searching for another place where the landlord only has a few units. She'll receive much better attention and courtesy and perhaps even make a new friend. I rent from a guy who has since become a good friend and stays completely on top of all maintenance. On top of that, he cuts me a huge discount on the rent because he knows that I'm an ideal tenant. Obviously, owning a house is the best investment but I don't know if I ever want to move out of my own little paradise here.