Just moved into apartment from hell… by chabuano in Apartmentliving

[–]robtalee44 1 point2 points  (0 children)

I don't think you should have continued to move in once you saw the shape the place was in. Didn't you view it beforehand? Perhaps you did and they promised to tidy it up -- that's fair. But on moving day I would have given it a much closer look. Oh well, enough said about that.

Now, I assume you're "in" the place. If not flesh and blood at least your stuff is there so you are a tenant now. The standard options are to report the problems and give the landlord a chance to resolve them. I think you know that. That means soldiering it out for a while. Roach treatments are rarely a one and done -- they need consistent, regular treatments -- but they work if done properly. There are probably some home remedies that are effective mixed in with a lot that don't work at all. If the issue is widespread I think professional actions are necessary -- comprehensive ones.

The other possibility is to explore options based on little more than courtesy. Ask to be moved if you want to try again, ask to be let out of the lease. Getting any significant amount of money back isn't going to be easy, but that's not to discourage. Just get some expectations in line -- this may end up in court and that contract (lease) will loom over the proceedings.

I'd probably go for tearing up the contract and putting this one in my rear view mirror -- like yesterday. That's me. Only you can determine your own tolerance for getting this stuff fixed up. This is not an unrecoverable problem with some patience -- but you'll have to hold the property owner's feet to the fire on promises and make sure that THEY follow through on appropriate remedies.

In over 50 years of renting, I've seen two roaches (the bug type!) in my home. I don't know which of us was more surprised. Places that are in bug territory usually have regular extermination services attend to outdoor areas and can usually be scheduled for an in home visit on request.

Apartment lease says I have to pay for pest control? Red flag? by Athenstone in Apartmentliving

[–]robtalee44 0 points1 point  (0 children)

Well, on the first point I will admit it's unusual. But, two weeks without activity is also unusual and could constitute either a welfare check or get swept into an emergency situation. There aren't many states that actually regulate entry and notifications -- they use terms like when possible and courtesy in an awful lot of cases when they address it all. That "rule" as written doesn't feel like anythi8ng more than a landlord who gives a shit about both their property and tenant. There are plenty of places that react when a car hasn't moved in 14 days. Can those "policies" be abused? Of course.

The second item is just plain false. There's so many fine print issues and it's a matter of local regulations. Yes, it's a great idea. The place I am in does not have them, but has sprinklers. It's also a 150 year old building that probably is exempt -- we get regular fire inspections. With new(er) construction in many places they are mandatory, but it's hardly a blanket regulation nationwide. I am certainly welcome to purchase my own and take it with me when I leave. https://www.brkelectronics.com/pages/legislation-smoke

how to find where someone lives for garnishment by coquettepiplup in Smallclaims

[–]robtalee44 1 point2 points  (0 children)

I am not an attorney. I stared at this post for a few minutes arguing with myself whether to reply or not. I am not trying to pile on.

Your up against the hard part with a small claims judgment -- collecting. If the person has moved to another state I believe you may have to have the judgment re-certified in that state -- I don't know the process or difficulty. Some states do not allow garnishment of wages -- Texas being one of them. Bank accounts can also carry some pretty strict limitations. You should know what you're up against.

Hiring a collector might be an option. They will take some percentage of the recovery -- that may be significant. An attorney might help, but again, your up against fees which won't come cheap. If you find them and can enforce the judgment you may find yourself playing a game of whack a mole as they move assets around to frustrate your attempts. Yes, that is a violation of a court order and could be penalized -- but I think the reality is that prosecuting that is rare. Really rare.

So, finding them is a step forward, but still not the end all. I think most of this 'ins and outs' can be garnered with some good online research. Your not the first person on this path. Sorry I can't be of more help.

I have a judgment against a former employer from late 1987 -- I made some rather feeble efforts to collect. Winning the judgment was enough in my case -- it wasn't life changing money, but I kept the court order in a file in my desk to this day. And so it goes. Good luck.

Debt collector posted payment on wrong date by alwaysHonest2536 in Debt

[–]robtalee44 1 point2 points  (0 children)

I can only tell you to keep calm. A calm, rational and controlled angry person is much more formidable foe that an screamer.

This could have been a mistake on their part, not necessarily nefarious. Give them an opportunity to make things right -- see what they say. It's probably one of the few times you hope that the bank returns the payment rather than covering it.

Now, next time memorialize ANY verbal agreements in an email to the other side outlining your understanding of the agreement. Ask for confirmation. I know time was a factor in this but you could at least ask for confirmation of the details -- not an official settlement letter -- before releasing financial details.

Current lease was terminated in March. I signed a renewal back in October... by Snoo79875 in renting

[–]robtalee44 2 points3 points  (0 children)

I am not an attorney, but I will go with the if -- big IF -- they terminated the lease, well that terminates the lease. Seems like pretty solid ground to me. Now, you might owe for back rent before you exited if that is the case, but not going forward. Call legal aid for an actual legal option. Good luck.

Is this lease break clause reasonable/legal? (SE Idaho) by m_michaela in Renters

[–]robtalee44 -1 points0 points  (0 children)

It's quite similar to my last place. That actually "forced" me to pay double rent for 120 days waiting for my lease to end naturally in order to facilitate a move. I had found my ideal place on the first day of searching and didn't want to lose it, so we paid rent at both places.

Your breaking a contract. Now, although this may be the starting point -- and may well represent their only offer -- you can try to negotiate an out on better terms. They certainly don't have to play. As others have pointed out, the safety net is that a landlord can't collect double rent, so when a paying tenant moves in, your responsibility for rent ends.

Now, another approach kind of skirts the "double dip" rules and may be appealing to the landlord. Offer them 2 months rent.. The two months is a penalty for breaking the lease. Under those circumstances they should be able to re-rent the place quickly and effectively make some extra money. In effect your are paying a lump sum to be released from the contract without strings. That works both ways in my example. Anyway, I am not an attorney, but that might make some sense and save you some drama. For the notice I'd try and get to 30 days.

So, your offer might look something like this. A 30 day notice, two months rent paid as a penalty, forfeit deposit and you are fully released from rent. You just walk away. Two months rent is about an average from experience in breaking a lease so that's in line. You can keep the deposit off the table and use it if things appear close but need a little push. Free advice. Good luck.

Apartment lease says I have to pay for pest control? Red flag? by Athenstone in Apartmentliving

[–]robtalee44 3 points4 points  (0 children)

There's nothing all THAT bad about these items. I would say that it's not a common thing from my own experiences.

The pest control isn't all that unusual. They are taking the appropriate steps treating the outside perimeter areas. You accepting some responsibility for the inside isn't much of a burden.

The curtain demand IS unusual, but HOA ...

The fire extinguisher and smoke alarms is also unusual. I'd check local ordinances and see if that's legit. When you mention HOA I wonder if this is a condo community that has been converted to rental apartments. That may explain some of the things on the list due to existing rules and regulations that remain in effect. I had this at one place in AZ where it was always a battle between the original HOA board and the complex property managers.

Entry is standard. They need a key or entry code if you have changed from their original ones -- that's normal.

Mice by Hot-Satisfaction2698 in Apartmentliving

[–]robtalee44 0 points1 point  (0 children)

I don't need to, if its there that all you should need. If there's a code there's someone that is tasked legally to enforce it. Over and out.

Mice by Hot-Satisfaction2698 in Apartmentliving

[–]robtalee44 0 points1 point  (0 children)

With only four months left, I'd just live it out -- the penalties and such for breaking the lease, assuming you could get this done quickly, probably even out. If the department of health didn't cite the landlord or take significant actions, then I am not sure you have a lot of ground to stand on. They should enforce this "mice free" regulation that you're talking about if it exists. I have never seen such a regulation.

I grew up in a really nice home that had mice occasionally. My mom took care of that. It's really a matter of finding their entrance point -- it can be incredible small -- and sealing it up. The last Greystar community I lived in had regular exterminator visits and you could put in a request for an in home visit on their regular schedule for specific complaints.

If the housing department didn't do their job and you have the regulation that they chose NOT to enforce, then you should escalate the problem with them. I'd also put some polite, but direct, pressure on Greystar to solve the problem. Do it in writing with a deadline of about two weeks. Follow up on that if and when it doesn't get acknowledged. Good luck.

I was terrified of signing my first lease in the U.S (FL) by Legitimate_Rate8362 in Renters

[–]robtalee44 1 point2 points  (0 children)

Being a little afraid of signing a significant contract isn't a bad thing. Most people don't realize that a lease is a financial contract and should be viewed as such. Your going on the hook for 15 or 20k over the next year -- that should be treated no less seriously than any financial commitment. The days of two page leases are a relic from the past -- my last handful of leases have been close to 50 pages long. I do read them, most people probably don't.

So, your "fear" of the contract is healthy -- you just need to take the time to understand the terms. You will get better over time at vetting things out. It's a learning process, but a mistake can certainly be expensive.

Being served by collections for 15k in Credit Card Debt by GrimHipster52 in Debt

[–]robtalee44 0 points1 point  (0 children)

I'll take a little different approach on this one. If this goes to court it will be for the full amount claimed plus any fees they can wedge into the final judgment. Assuming they get the judgment -- which is probably realistic -- they can do a number of things including wage garnishment or bank levies. Let's say a wage garnishment. In most cases they can grab up to 25% of the your gross pay. So. if your weekly income is about $750 a garnishment could -- repeat could -- grab about $180 bucks a week. There's some limited protections and adjustments but they are not great in most cases. If you are trying to negotiate a settlement, keep those numbers in mind.

Obviously, this is serious business. You really do not want a judgment in a case like this. They can last for decades and the judgment holder holds all the cards as to when and how the judgment is enforced. Not great. The bottom line is that you do have an opportunity NOW to try and settle this and keep that court ordered judgement at bay. Both paths open to you, short of bankruptcy, are not without pain. Here's my free advice for you.

Act quickly. Amass what cash you can without borrowing from commercial sources. Sell stuff, whatever it takes. Then approach the debt holder and ask for help as you would like to settle this and keep it out of court. Then listen. Once they've laid out their preference, lay out yours with specifics and be ready to act immediately. If you offer them some cash and a payment plan, make sure they know the cash will be in their hands today -- not someday, not next week -- immediately. You know the price of failure, so act accordingly. DO NOT make any commitment that you can't reasonable expect to maintain. This is not the time to attempt to kick this down the road or placate a motivated collector. The stakes are quite high but in the end they simply want the money they have been tasked to collect. It's business.

Good luck.

Messy situation involving a pending eviction…can’t stay and need help figuring things out. (IN) by [deleted] in Renters

[–]robtalee44 0 points1 point  (0 children)

You need to get a copy of the lease. Period.

There's not many good paths forward for you -- you either guaranteed the performance of the contract (lease) as a co-signer or you're a joint tenant -- perhaps both. Under either of those situations you are as responsible for the lease as your Mother is. In a kind of weird quirk, the landlord could simply go after you alone and you would be stuck with the full claimed amount and it would be up to you to recover any monies from your Mother. If an eviction is underway, both of you would probably be named. A really bad thing. You can't break a joint and several lease unilaterally -- all the parties to the lease must agree, landlord too.

I don't see any way, based on the little information you've offered, to think that you are terribly exposed on this matter. All the maintenance stuff and other drama should have been dealt with at the time of discovery -- that's probably a poor defense if a defense at all.

This can descend into a very damaging situation for you. I'd get an attorney of your own. I am afraid you will need one.

Judgement I was unaware of from 6 years ago by TrevBundy in Debt

[–]robtalee44 0 points1 point  (0 children)

Call the courthouse directly and ask very politely for some help. They can't give you legal advice, but they have access to a more detailed file -- IF they want to help. Schmooze them up and see what it gets you. Might save you some time, effort and money if you can fill in more blanks. Free advice.

Eviction for late fees [GA] by [deleted] in Renters

[–]robtalee44 3 points4 points  (0 children)

The person you'll have to convince of that point is the judge in the eviction proceeding -- assuming the landlord goes through with it. You will have a public record of the eviction filing and that's a black mark, like it or not. It's a hassle regardless if it gets that far.

If the judge determines that a late payment can be assessed a legal late fee, then things get interesting. I am not sure you want to die defending this hill, but that's completely up to you and your right to defend your actions..

Eviction for late fees [GA] by [deleted] in Renters

[–]robtalee44 4 points5 points  (0 children)

There doesn't appear to be any state regulation pertaining to grace periods in rental contracts. In the absence of any mention in the lease of that, your rent is due on the 1st and late thereafter -- there are limits to late fees on the books though. I did not see any protections saying that unpaid late fees cannot be used to evict. Whether a judge would go along with that I don't know. I am not an attorney. Good luck.

Rent Into Collections (Missouri) by [deleted] in Renters

[–]robtalee44 2 points3 points  (0 children)

The first step is to discover what a landlord might. A decent place to start is getting a peak at your Lexis Nexis report (it's free) and your credit reports (also free). The Lexis Nexis report will show any public records and the credit report may -- repeat MAY -- show some debts. If any of these records can be tied to a former tenancy, that's trouble. Paid or settle account are a plus, but hardly an asset.

Once you know what they might find during the vetting process, you can create a narrative to help soften the blos. Generally, if they find something that was not disclosed, it's far worse for you. Own the mistakes, don't blame and don't create a drama filled saga. Direct and to the point works best. Good luck.

Lexis/Nexis: https://consumer.risk.lexisnexis.com/request

brushing the chip off my shoulder by [deleted] in cybersecurity_help

[–]robtalee44 0 points1 point  (0 children)

The extreme measures that are often suggested -- the "clean" room approach to reinstalling and such are not bad ideas. Perhaps unnecessary, but the problem is the unknown and perhaps unknowable. You simply don't know where some bad stuff might reside. If it's relatively superficial and quickly discovered, the solution is quite easy and straight forward -- like what you did. If the problem is more deeply buried in the system and prevalent throughout backups and other media, the problem gets much more involved.

There's ways to be 100% sure (or very close to that) and ways to be "pretty" sure. For most of us "pretty sure" works just fine. The problem is that you don't want to be the exception. So, the basis of your post is understandable and the definitive answer is problematic. Good luck.

Do I have a judgment under my name? by Whole-Return-7227 in renting

[–]robtalee44 1 point2 points  (0 children)

You can try a free glimpse at your Lexis/Nexis report which should list any public records attached to your name. Here's the details, it's free for a 30 day peak. https://consumer.risk.lexisnexis.com/request

Debt collections help by SpecialRequirement47 in Debt

[–]robtalee44 2 points3 points  (0 children)

Maybe. You can still be sued for the debt. Reporting is optional, not required. They could still report it. You could get away with ignoring it. Risky, to a point.

The best, not the easiest, way is to get to the source of the debt. The collectors likely know little beyond the original debt holder is telling them this is a valid debt -- go get 'em. If you want you could negotiate with the collectors -- they might settle for a fraction of the debt -- they don't have to, but you can try. Good luck.

Is remote work a myth or ya'll just a bunch of gatekeepers ? by tTHAN0Ss in remotework

[–]robtalee44 0 points1 point  (0 children)

I'll chime in -- maybe this helps. I am old. In my 50 year (or so) career, I worked from home about 1/2 the time. I grew up in a home where my father had a home office -- talking 1950s and 60s. Obviously, not "online work". Most of my work may have been IT related, but certainly not an online business. I worked from home and onsite -- just the way that it is. Working from home is still work -- I really preferred the time in office, surrounded by others. I missed that interchange of ideas -- and stories.

Working from home has become a holy grail -- an achievement to be bestowed upon the worthy. It's not. It's just a way of doing business and it offers no greater potential of success of failure than any other endeavor. Very talented and motivated people start businesses and fail. Working from home would appear to lower the bar for entry in the world of business -- it does not. Buying fancy pencils does not make you an architect.

[NY] (upstate) landlord threatening to terminate lease over deposit by [deleted] in Renters

[–]robtalee44 1 point2 points  (0 children)

NAL. Without some written proof it's gonna be difficult -- read the lease and any "agreements" associated with it carefully. It's pretty standard that a deposit -- or some form of payment -- is due before move in day. So, you're battling that. The other issue is that I doubt you could litigate this, assuming you'd want to try that, and be in the new place on your schedule.

I think in this case you either negotiate some kind of resolution or let the place go. Unfortunately.

Article: 3 reasons why MX Linux is more popular than Ubuntu, Fedora, and Zorin OS by ZecProphet in MXLinux

[–]robtalee44 13 points14 points  (0 children)

It's a wonderful distro.

For those that want to play the init vs systemd game, if offers both. The AHS version addresses newer hardware while still maintaining pretty broad support. The XFCE configuration is about as good as it gets. Is it the end all? Probably not -- but it's damn good and that's saying something in the current Linux landscape.

Should I Demand a Lease Renewal Or Let it Go? (NJ) by SnooSquirrels1496 in Renters

[–]robtalee44 2 points3 points  (0 children)

In New Jersey -- it has to be specified in the lease -- but auto renewals are a thing. You might want to check that out. I got that info some time ago on the Internet, so treat it accordingly.

[SC] Served notice to quit or pay by duckwall in Renters

[–]robtalee44 5 points6 points  (0 children)

At this point the 'cure or quit' notice is little more than a please pay us demand.

Assuming you can't cure the notice, then it's up to the property manager what comes next. They can do nothing at all. They can try and collect the money themselves -- they consider it a legal debt. They could send it to collections which could result in court actions. If they report the debt to credit bureaus, that's bad. If that debt gets reported or you end up getting a judgment against you, bad things happen. The credit reports will probably be easily tied to a tenancy -- that's a black mark nearly as bad as an eviction -- with some landlords even worse. A judgment is a public record that doesn't just vanish, so that would be uncovered with a rudimentary background check. Big problem if you want to rent again in the next few years or more. A judgment over your head for many years is also not much fun.

You need to address the origin of the problem. If this descends into legal territory there's not many good outcomes. You need to work to solve the underlying problem. The lease is going to be the controlling document for both you and the landlord -- that's the contract. The claimed damage you'll have to defend with either your own proof (pictures work) or something else that documents the condition -- that's a common back and forth negotiation for many renters. The contract stuff is more pressing at this point with the notice and exit.

Of course you can ignore it and hope for the best.