Im filing paper work on friday, I will let u guys know how the case goes.

10/31/2007 9:04:32 PM

UPDATE: Papers were filed, the called me last week asking why I took legal action. Then they wanted to "do what was best for both of us" and settle out of court for half a month's rent.

I declined the offer.

11/13/2007 12:26:59 PM

good call. i hope you pound them in the ass in court

11/13/2007 12:35:10 PM

good going

11/13/2007 12:35:41 PM

way to stick up for yourself

11/13/2007 12:37:48 PM

Yeah I hope you get those bastards.

11/13/2007 12:49:09 PM

Good job sticking up for yourself. You should have told them to wipe their ass with that 1/2 months rent because they're gonna be paying you much more for being so negligable. And that if they hadn't pushed you to file the papers (which they clearly did by not responding proactively to your work orders), then you wouldn't be in this position - and to remember that with the next complaint they receive. You also should have told them that the smart-ass remark on the order about "charging you for wasting their time" was your deciding factor.

However, it was probably best that you kept the peace and handled it better than I would have.

Are you still living there? If so, did they make you pay the rent for November? (If not, you should go pay it anyway so that they don't say "Well, we knocked off a month's rent... blah blah blah.".)

How far away is the court date?

11/13/2007 3:43:53 PM

Yes I paid novembers rent on time in full. Court date is November 30th.

11/13/2007 3:59:34 PM

UPDATE: Court is set for tomorrow. Any tips?? This will be my third time in small claims so I know the gist of it all.

11/29/2007 9:43:40 AM

Good Luck!

Its nice to see someone asserting their rights for a change.

11/29/2007 10:02:27 AM

good luck and keep us updated

11/29/2007 5:55:31 PM

my friend sitting next to me is studyin for law school... and i keep looking at her notecards entitled (let me pic one up) Landloard/ Tenant Realtionships and Freehold Esates bla bla blo bla

11/29/2007 6:09:42 PM

......................................__................................................
.............................,-~*`¯lllllll`*~,..........................................
.......................,-~*`lllllllllllllllllllllllllll¯`*-,....................................
..................,-~*llllllllllllllllllllllllllllllllllllllllllll*-,..................................
...............,-*llllllllllllllllllllllllllllllllllllllllllllllllllllll.\.................................
.............;*`lllllllllllllllllllllllllll,-~*~-,llllllllllllllllllll\................................
..............\lllllllllllllllllllllllllll/.........\;;;;llllllllllll,-`~-,...........................
...............\lllllllllllllllllllll,-*...........`~-~-,...(.(¯`*,`,..........................
................\llllllllllll,-~*.....................)_-\..*`*;..)..........................
.................\,-*`¯,*`)............,-~*`~................/.....................
..................|/.../.../~,......-~*,-~*`;................/.\..................
................./.../.../.../..,-,..*~,.`*~*................*...\.................
................|.../.../.../.*`...\...........................)....)¯`~,..................
................|./.../..../.......)......,.)`*~-,............/....|..)...`~-,.............
..............././.../...,*`-,.....`-,...*`....,---......\..../...../..|.........¯```*~-,,,,
...............(..........)`*~-,....`*`.,-~*.,-*......|.../..../.../............\........
................*-,.......`*-,...`~,..``.,,,-*..........|.,*...,*...|..............\........
...................*,.........`-,...)-,..............,-*`...,-*....(`-,............\.......
......................f`-,.........`-,/...*-,___,,-~*....,-*......|...`-,..........\........

11/30/2007 4:15:50 AM

better business bureau maybe?

sorry about the bad luck, but it seems like you have a pretty good case if you go to court with documentation

11/30/2007 11:33:09 AM

dont forget to post results

11/30/2007 2:14:49 PM

UPDATE: I WON!!!!!!!!!!!!!!!!!!!!!!!

I sued them for 3427.00 which was a stretch I know, but I won a judgement was for $1927 so I'm happy. The landlord and the maintenance man tried to wiggle there way out of being guilty, but the judge saw right through them. I didnt even show her the video. The pictures and documentation was enough.

bad news:
They appealed immediately. So now we have to go to district court and get lawyers involved. She is just a property manager, so I dont understand why or how she had the authorization to apeal on her company's behalf unless they told her to do so before court started.

11/30/2007 10:22:09 PM

awesome

11/30/2007 10:32:51 PM

gg

11/30/2007 10:52:51 PM

Don't most leasing agreements include a statement that the landlords obligation is to provide a livable space blah blah?

I wouldn't worry about the appeal, you seem to have a solid case.

Congrats for sticking up for all the ripped-off college kids everywhere.

11/30/2007 10:57:29 PM

So what happens when you go to the appeal?

11/30/2007 11:13:11 PM

im not sure

12/1/2007 12:10:52 AM

Hmm U might wanna offer to settle with them for $1500, they might take it and pay so as not to screw with the appeal.

12/1/2007 12:12:04 AM

anybody know of some civil lawyers?

12/3/2007 8:27:26 AM

^ Get a recommendation from student legal. They should have a list of local lawyers who have worked successfully with students in the past. Don't forget to claim legal expenses in all future judgments.

12/3/2007 8:43:15 AM

Quote :

"SHIT, CAN YOU READ?? HE'S NOT A FUCKING STUDENT""

12/3/2007 10:24:03 AM

MadDriver20, update your user profile.

12/3/2007 6:21:04 PM

UPDATE:
They havent filed the appeal yet. They have until thursday of this week. Their lawyer called me on the phone and said "we feel as though we dont owe you anything, but we are willing to offer you $375, or we will have to file this appeal."

I turned it down

He then asked me if i was going to get a lawyer. I said maybe. he said well if you do call me and give me his contact info. Basically he wants to negotiate a deal with a lawyer and not me.

I won the first case easily, I am sure I can win this one too. the lawyer doesnt scare me at all. I can argue like a mofo, especially when I am right and money is involved

12/12/2007 12:33:39 PM

^ If they get a lawyer it won't be a matter of argument, it will be a matter of bogging you down in paperwork and procedures that you have no experience with.

12/12/2007 1:05:47 PM

Jim Saintsing is the lawyers name. im still not accepting $375

12/12/2007 3:40:16 PM

lol with a name like saintsing you think he'd be on your side and not the scumbag who is defenitly in the wrong. BTW mind posting some of the pictures you have of the shitho... erm i mean apartment you stayed in?

12/14/2007 7:15:08 AM

so did they file?

12/14/2007 9:04:52 AM

yes im pretty they did.

12/14/2007 9:18:28 AM

What were their grounds for appeal? You can't just be granted an appeal because you don't like the verdict.

12/14/2007 10:27:24 AM

according to their lawyer. The feel as though they dont owe me anything. Pics are coming

12/14/2007 10:44:25 AM

I dont have pics of the hole in my ceiling (on a memory card somewhere), but I do have pictures of the nasty dumpster area which is a building code violation.

12/14/2007 10:51:09 AM

yucko lemme more please

12/14/2007 11:29:21 AM

Quote :

"The feel as though they dont owe me anything."

Is this grounds for appeal now?

12/14/2007 12:18:14 PM

apparently in their mind it is. However i promise you this will probably be laughed right out considering you've documented this well

12/14/2007 12:33:09 PM

You should post the appeal paperwork when they file it. (n.b. They are usually legally obligated to provide you with a copy.)

12/14/2007 12:39:23 PM

Quote :

"I dont have pics of the hole in my ceiling (on a memory card somewhere), but I do have pictures of the nasty dumpster area which is a building code violation."

I have always found it funny how the City of Raleigh runs to crack down on people parking nice cars on the grass on Brent Road, but allows that kind of shit to fester in apartment complexes.

12/14/2007 1:07:14 PM

how the hell are the dumpster pictures you posted either a) helping your case or b) a building code violation

looks like any typical dumpster area

12/14/2007 1:12:48 PM

dang, what do you consider a typical dumpster area then?

12/14/2007 1:24:38 PM

glad to see you grew a pair of balls. welcome to the club.

good luck with your case.

12/14/2007 1:53:26 PM

UPDATE:

Arbitration is set for Friday February 1rst. I guess, their lawyer, a middleman, and me are supposed to sit down and talk this out. I know they are going to offer me something really small like $400. I will gladly turn them down!

I will be so glad when this is over, but Im in no rush and I want what is owed to me.

1/24/2008 10:39:51 AM

Don't forget to slap your wang on the table.
http://www.zefrank.com/theshow/archives/2007/01/012407.html

1/24/2008 10:47:26 AM

Good luck

Stick it to the man!!!

1/24/2008 12:23:39 PM

stick it out dude. then tell your story to theconsumerist.com

1/24/2008 12:37:50 PM

Stick it to the man!!!

1/24/2008 12:44:23 PM

UPDATE:

I LOST! We went before the arbitrator and argued our cases. They had a slick talking lawyer and 5 witnesses. They only called one witness and basically he tried to say 7 months is a reasonable amount of time to fix a leaking AC line because it was ran under the slab. The didn’t work to well for them. I basically had the case in the bag. I could answer every question, catch every lie they said, had evidence to support my case but I lost.

Here is why I lost. I sued the Property Manager, when I should have sued the Landlord. The Landlord is QS LLC, the property manager is Falcon management. But here is the funny thing. They both have the same registered agent, address, phone numbers, and employees. But by law they are two separate entities. So my case was thrown out. The registered agent is just the person that has to be listed on any cases against the company. He was in court, and he was a royal snob!! He refused to be cross examined and didn’t look at any picture I presented. He also refused to tell me what was the address and number for QS LLC.

BUT ITS NOT OVER!!!!!!!!

I went to the basement of the court house, looked their info up, and filed suit again! They cannot treat people like this and get away with it!!! Next court date Feb 26, 2008.

2/2/2008 9:09:55 AM

ROUND THREE TOMORROW

2/25/2008 1:18:53 PM