Money-grubbing people... someone get me a trout

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Accer
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Money-grubbing people... someone get me a trout

Post by Accer » Wed Sep 24, 2003 1:26 am

My friend had not been living in her apartment for more than 5 days when her roommate kicked her out this last Friday. Now, the circumstances are as follows:
My friend paid this woman, in cash, for the first month’s stay in the room.
No contracts were signed.
Things weren’t going so well for the room my friend was renting. There was a major flea problem, and a couple of other small problems, and my friend was advised by our college’s Housing department to find a new place because of this.
On Friday morning she mentions to the roommate that she is looking for a new place. She hasn’t found one yet, but she wanted to know her rights and what was expected of her in such a case. Chances are she didn’t communicate this very well, because English is her second language and she isn’t really practiced in speaking it. In the morning the roommate said something like, “Well, you have to do what you have to do.” When my friend returned that evening, however, the roommate’s attitude was quite a bit different. She kept coming in to my friend’s room with random complaints, all the while getting angrier and angrier, until a shouting match erupted. It ended with her kicking my friend out of the apartment.

Now, I can understand kicking someone out immediately if they trash the place, or are found with drugs, or something extreme. The roommate’s excuse that she told to my dad was that she was insulted – but by what wasn’t really clear. First of all, as I already said, my friend isn’t that great at English and can’t really use swear words and the like, and claims that she wasn’t rude at all until she was pretty much out the door. My dad guessed that she was just insulted by the fact that my friend announced she wanted to move. Here’s the kicker though: At some point on Friday evening, the roommate said that she already had a renter who was prepared to move in the next day. In other words, my friend got thrown out not because she did anything wrong, but because her space – that she paid for – was given to someone else. Therefore, there was no notice at all, nothing like, “You have 48 hours to find a new place!” She was just out on the street like that, late on a Friday night.

I seriously doubt it would have ended like this if my friend had signed a contract, rather than only having a verbal agreement. But, she's never lived in the U.S. before, and wasn't clear on customs and laws. So yes, she was partially depending on tolerance from the roommate and laid quite a bit of trust in her.

The roommate said she wouldn’t give a refund on my friend’s money, because my friend didn’t give one month’s notice. That at least is a load of bull crap, since my friend never gave a date. That morning *was* her notice. Besides that, this woman knew she had only recently come to the U.S. and doesn’t exactly know a whole lot of people here. She wouldn’t even let her use the phone to make calls – she had to call my house from a pay phone before she had even packed up. I’m just glad we could let her stay with us for a few days. She still hasn’t found a new place. :? And yes, she’s going to see the school’s legal help people.

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Post by Killer-Rabbit » Wed Sep 24, 2003 3:43 am

Now I'm no expert...but I think that your friend doesnt need to give a months notice for when she will be getting kicked out...

[/sarcasm]

Anyway, some people just deserve a good smack upside the head. If the person is one of those people that refuse to listen to logic, legal action is pretty much necissary.
What state is this in? Some have laws that protect any tenants (sometimes too much) and some are fairly slack with those types of laws.

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Post by Blaze » Wed Sep 24, 2003 3:49 am

I don't think there's anything that can actually be DONE, exactly, asside from a small claims court hearing. (Judge Mills Lane has got your justice!) But, OUTSIDE of that, a good deal of prank calls and random mischief will help her feel better, if not get her money back.
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Martin Blank
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Post by Martin Blank » Wed Sep 24, 2003 4:18 am

Just take it to small claims court. Don't do any harrassment, as it won't help the issue at all. Maybe the woman will make a mistake and kick the new one, too.
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Post by billf » Wed Sep 24, 2003 4:34 am

The thing to do first would probably have been to call the police, although it is a bit late for that now unless she still has stuff stored someplace over at the old apartment. Had it been done before she left the apartment she could have at least gotten her money back if not been able to stay through the rest of the month at least with no legal fees to speak of.

Now that she has moved out and I assume she has all of her things as well it becomes a little more difficult. she might be able to get at least part of the money back in small claims court, but almost certainly not the full amount, and it will probably be more of a hassle than anything else.

Hopefully the school can do something about it. If not I really can't make any suggestions. :?
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Re: Money-grubbing people... someone get me a trout

Post by Accer » Wed Sep 24, 2003 6:03 am

I talked to her again this evening. She got lots of handouts and quickie contracts from school, so now she's educated about renting an apartment in California. :D Part of the problem was that she agreed to rent the apartment while she was still in her home country, so she never got to check it out, and just assumed the other person would handle legal necessities.
Thankfully she’s decided to fight for her money back, and at the suggestion of the school legal people she’s going to write a letter to the ex-roommate threatening legal action if she doesn’t get a refund. The school will help her to small claims court, if that’s the case.
The night she got kicked out she was pretty upset and seriously thought that she might owe money for some breach of obligation. Like I said, she just got here and isn’t clear on all the rules, can’t explain herself to strangers all that well, and calling the police was about the last thing she wanted to do. By the time my family got involved she'd already turned in her key and packed up.

I just find it extremely sucky that she’s barely been in the city a week and someone’s already trying to take advantage of her. Thank goodness the people at school are really cool. :D

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Post by billf » Wed Sep 24, 2003 6:34 am

yeah, I kind of assumed that. It's a difficult situation. I hope it all works out.
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Post by Miroku » Wed Sep 24, 2003 3:13 pm

Without a contract, it's most likely to get thrown out and some hoo-hah made about how hopefully everyone learned their lesson.

My former employers felt the sting of this on occasion. For some reason, they continued to do work (environmental consulting) without getting contracts. We got shafted a couple of times by clients that refused to pay, and weren't able to do much because no contracts were signed. Why they continued to work that way, even when I urged them to use contracts, is beyond me. But, these were people that would spend $1,000 to make $500.

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