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Whereas I asked for a...
Whereas I asked for a one time consultation, I saw that I was charged, I think $42 again. Well, today that's okay, because I have another question.On December 29th I asked a question concerning my daughter's apartment. I hope you can see it.On my daughter's behalf, I wrote a letter (in first person, from her, because the apartment is in her name. We found another apartment, and are scheduled to move in there on February 16th. The letter was dated January 22nd, 2016, and it is a notice of intent to vacate the apartment on February 22nd. In the letter I highlighted (a) the infestation of cockroaches and the inadequate response of the complex when the exterminator was requested; (b) their slowness to respond (4 days) when the ceiling over the bathtub fell in, making the (one and only) bathtub unusable for 4 days, and causing mold; and the harassment by the apartment complex management, who have persisted in charging my daughter $75 for a bag of garbage they claim she left in the parking lot next to the dumpsters. On the 20th, they placed an invoice on the door demanding $75 by the 22nd, and stating that if it was not paid by the 22nd they would add $225 in attorneys fees (whereas the manager had previously said she would waive this fee).After following the attorney's advice I consulted with at the end of December, and after my daughter submitted this letter, they responded by sending the exterminator yesterday. Apparently they had him exterminate the whole building yesterday. My daughter came home and found a letter addressed to all residents of the building on the ottoman in the living room, asking them to remove everything from their cupboards, etc., but the exterminator had been there already, so no one received advanced notice of his coming.In addition to that letter, she found on the ottoman another letter from the apartment complex management which responded to her notice of intent to vacate. In that letter, they reiterated that she is being charged $75 for leaving a bag of garbage in the parking lot, plus a $225 attorneys fee. They also stated that that letter (as per the lease) would be considered as 2 months notice beginning February 1st, that she would be responsible for 2 months rent (Feb & Mar), and an early termination fee of one month's rent. In addition, they say she will forfeit her depositThe letter is dated 1/26/2016 and it says "The exterminator will be treating your apartment and the entire 3800 building tomorrow", yet we received it on the 27th.There are other bold face LIES and discrepancies in the letter. And they attached a photograph of a bag of garbage with a piece of mail addressed to my daughter showing on top of the bag. We've photographed the garbage dumpsters, the hole in the bathroom ceiling, and cockroaches galore.We had planned on paying February's rent, but in light of this continued harassment and demands for more money, what do you suggest we should do?
Submitted: 2 years ago.Category: Legal
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Answered in 10 minutes by:
1/28/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Sometimes people end up with a subscription to the site by accident, but it ends up working out as in your case because they can ask multiple questions for the one price (you still have to leave positive feedback for the expert because the expert is not employed by the site and gets no credit for spending time with you unless you leave them positive feedback, it will not cost you more than the subscription price already charged).
If they failed to cure the breach until they received her written notice declaring the contract void because of their breach, your daughter still can leave, but now because they plan on being nasty your daughter is going to have to sue them for breach of lease to avoid them pursuing her for breach of lease.
Also, from the described living conditions, your daughter needs to file a complaint with the building inspector as well against the complex and they will come out and cite the owner.
Your daughter needs to respond to their letter that she denies liability for 2 months or even one month rent based on the fact the landlord was in breach of the lease and failed to cure when given notice until your daughter gave them notice she was voiding the contract due to their breach of contract. She needs to also tell them she did not leave the garbage where they accuse her of leaving it and she demands proof and evidence she was the one who actually failed to place it into the dumpster or their alleged fine and attorney's fees are invalid and she will include that in her suit for breach of contract as well.
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