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Ive been in this complex since august 2004, Ive never been…

Customer Question
Ive been in this...

Ive been in this complex since august 2004, Ive never been late with rent, in july someone blew up a section of the mail boxes, still till this day the Grove at Biltmore has not fixed the mail box issue I have lost my income behind this cause I never went to interviews to renew my income so now my rent is due and the manager Unora would not give me a letter stating that I never received any mail on kind of not having a mail box for almost 4 months and Id like to know how I go about taking the managers to court behind my not receiving my mail in 4 months plus the refund on a p.o. box I had to purchase last week. please if you can not help can you point me in the right direction. Thank you Dolores ****** ** *** *****@gmail.com

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Phoenix arizona

Lawyer's Assistant: Has anything been filed or reported?

Ive been emailing owners in California I talk to the manager here and the manager at the post office and I can not get stated on anything I haven't heard from no one back

Lawyer's Assistant: Of course. The best way to reach them is by emailing***@******.***

So I email these people and take it from there

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
10/6/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. Generally, if you do not pay your rent then you may be subject to eviction as I'm sure you know. However, the fact that it took them so long to fix the mailbox and if you relied specifically on the mail ( like most people do) and they are still threatening to evict you, then this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. therefore, having no mailbox for several months can be problematic for anybody. And it is on the other party to work with you in good faith given the extraordinary circumstance.,To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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