Questions on renting, 3 day notices and sec deposits - Mothering Forums

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#1 of 2 Old 11-20-2011, 12:59 PM - Thread Starter
 
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ok, were in CA and moved into brand new tax credit housing. Our 1st problem is my dd is severely allergic to the bark mulch landingscaping they installed everywhere right after we moved in. As a result she's landed in the ER twice and we had to stay with my mother nearly 2 weeks while we figured out what she was reacting to. The Dr thought it was VOC off gassing, management swore its not possible since its 100% green construction and over nighted me info on the stuff used. Once I tracked the source of the bark we realized the problem (she has a known severe conifer allergy). In the mean time they repeatedly told me someone was coming in to measure the air quality in my apt. Its been I think 3 weeks at this point and no one has been here even though I have asked repeatedly about it. Once we realized it was the outside coming in setting dd off we closed everything up and brought in 2 major air filters and replaced the ones in the HVAC with allergen filters. Management told me I couldn't as it would fry the motors which is not true. I consulted multiple people who sell and install these things and they assured me the filters I got were fine and as long as I changed them on a regular basis it would cause no problem.

 

 

I told management what I had learned and they came back with they can't install them but I can and if it frys the motor I have to pay for the repair. Whatever, its brand new and I plan on replacing 90 day filters every 4-6 weeks. When I tried installing them I learned they had not only given me the wrong filter size. (I literally spent all day searching multiple stores and drove about 150miles total trying to find the size they specified only to find out it was a common size the home depot down the street carries.) To add to it the screws were stripped out so I couldn't even open the vents to change the filters. I reported the needed repair and its been over a week and no one has yet to show up to fix the screw issue. They knew I wasn't living in the unit this entire time because dd was reacting so badly here. I finally got the screw out and got the filters in. (I did it, not them)

 

Along comes a 30 days inspection to "make sure your move in went smoothly" they didn't mention its a nit pickety inspection for cleanliness and every possible little violation or thing they didn't like. I had only been over here to dig in boxes to get what we needed and get back to my moms and was told everything had to be unpacked and neat and clean. With all the filtration running I was able to get dd back inside (she's got about 2 minutes outside here before she starts coughing so she's literally stuck inside unless were getting in the car and leaving) We have no where else to go and we couldn't stay at moms any longer since she can't handle the stress of us being there and my little one and myself are allergic to her dogs.

 

So I basically had 1 day to get the house unpacked and in enough order for the inspection.

 

They have been in here several times over the past month for various problems such as no heat/hot water when I came over, windows not closing right ect. (I caught the repair man outside rather then putting in the request and never did they mention issues.

 

I got dinged for:

Grocery trash bags under my sink (I use them in the bathroom trash cans)

Having anything in the hallways (unassembled wire shelving and a roll away bed. that stuck out 6-8 inches total). I am by no means plus size nor or my children, we have nearly 3 ft of space to walk though but its a problem to them claiming something about it blocking the way in a fire which is not true.

They had a cow and I mean a cow because I was using my own fridge instead of the one they provided which did not even work. Set at its coldest its only 40F and food quickly spoils. I reported the problem but no repair yet. They had an even bigger cow that I have an upright freezer. They swore up and down that my lease states I must use only the appliances provided and I can't have the freezer here period but I was never told that nor did I see it in my lease and when I handed her my lease and said please point it out she couldn't. Then they tired claiming its "house rules". Really? Because you never gave me a copy and I would have not moved in here had I been told I couldn't use my own appliances (less then 5 yrs old too so not old energy hungry ones)

 

They were also unhappy I installed the air filters in the HVAC but what am I supposed to do, live in my car in freezing temps with my kids because they are taking to long to act? They'd had 2 weeks!

 

Due to my daughters health issues with the place they told me I could break my lease Friday (Dr already told me I could because of the severity of the allergy) but she (manager) couldn't remember if they were going to waive the lease breaking fee's. I asked her to check.

 

After we moved in we were informed of things like we can't have bbq's on our porches even if we were not using them. Our kids can not ride there bikes or rollerblades in the complex nor can you store their bikes on the porch. The list got really ridiculous at a few points.

 

 

 

 

Learned the following from the neighbors.

House must be be kept immaculate at all times EVERYWHERE (I already knew it had to be clean but not to that extent). Neighbor got dinged for her 1 yr olds room having toys on the floor.

No recycling (she had it neatly in trash cans)

If its not patio furniture or a limit of 4 plants in clay pots it can't be on the porch.

No bike riding, rollerblading or skateboarding within the complex. yep, 80 FAMILIES and our kids can't ride their bikes.

You can't stack things close to the ceiling in storage closets. (think xmas stuff)

No dirty laundry on the floor (she had it piled up to take over to the laundry room and it was closed that day for what ever reason)

Another got dinged because she had dirty laundry in a basket behind her daughter’s bedroom door.

 

 

 

 

So, inspection was Friday, they will be back tomorrow (Monday) to make sure its all "corrected". Sure I can clear the hallway and the trash bags but no I will not stop using my fridge or trash several hundred $ in food by unplugging my freezer. My kids have celiac and multiple food allergies, most of our food can not be bought in this small town and we have to drive 40 miles to buy it or order online so it’s a necessity to have a good fridge and an upright freezer.

 

I have a feeling they will issue me a 3 day notice over this. They already gave me a notice telling me they would start eviction if I wasn't in their office by 3pm the next day to finish my file (knowing I wasn’t even living there and they would need to call me) and that I had ignored several attempts to contact me. I was NOT happy because I was on the phone or in their office EVERY DAY for the past week over issues. They claimed everyone got the same notice, the problem? They wanted me to fill out a new application for my unit that was dated closer to my move in date and not from back in March I think it was (they were still building when we applied).

 

 

When they said I could break my lease I would still have to give 30 days notice which puts me moving at xmas. I can't afford to move next month with it being xmas unless they give me back the deposit first. According to the lease we have been here a little over a month, in reality about 2 weeks, no damage has been done and there is no reason we shouldn't get the full amount back. To me this is more a medical emergency since my kid ends up in the ER every time she's outside longer then the time it takes to walk from the apt to the car and just opening the door allows the allergens inside. Why should we have to pay another 30 days rent when she has no quality of life here? She's literally stuck inside the house unless we get in the car and go somewhere and its costing me a fortune having to run all this filtration 24-7. (2 large units plus the HVAC)

So, even if they issue a 3 day I have no money period until the 1st, every penny has gone into this place from moving to the air filtration to medication to deal with the allergy issue and resulting infections. Honestly I think they should be giving me back my deposit AND the months rent for the trouble they have caused, I mean really, repairs are not made, it takes a week to get an answer or little things and that’s after a lot of calls. I would not have moved into this place to begin with had I known the “house rules” before hand, its not compatible with our medical needs or our lifestyle.

 

oh yes, I was told we had a unit in the non smoking section, nope, they put us in the smoking section!

 

 If by some miracle I were able to get out with the 3 day would they have to give me my deposit back still? The deposit is about $100 more then my monthly rent and they will be able to rerent the unit immediately as there is a waiting list for my unit. What will it do to my rental history which is perfect at this point?

 

Is there any grounds I can claim to get the 30 days waived?

 

What about getting the deposit back before or immediately at move out rather then the 21 days they have to return it?


Seriously?
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#2 of 2 Old 11-20-2011, 01:20 PM
 
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I don't want to be a downer, but they are under NO obligation to refund your deposit sooner than the 21 days. If they want to, they certainly can, especially if they do an inspection the day you leave, but from what you wrote it sounds like they will not be helpful and accomodating. I would not count on getting the deposit back before you move, or immediately after. Make sure you take pics and document everything so if they claim you damaged the apt you can take them to court (it's actually very simple and if you are lower income there are no filing fees). Good luck!


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