Announcement

Collapse
No announcement yet.

THIRTEEN months?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Quoth ADeMartino View Post
    He was still yelling about something irrelevant when I got into my truck and drove away.
    And that's the best part - you don't have to listen to anything he has to say. I'm glad this went down smoothly for you A.

    I'd say I was surprised by him trying to grandfather his rental agreement on you, but I'm not. What a swine.

    Comment


    • #62
      Quoth taxguykarl View Post
      Way to go. If you can do so online, keeps tabs on court filings in your county. Slumlord may try to pull a sewer service ploy (i.e. improper service) to get a default judgment--as you pointed out the last thing he wants is you in the courtroom to defend yourself. IANAL, but in most states the statute of limitations for this is two years--the clock is now ticking.
      Please *do* make sure he has an address for you, as you theoretically have 30 days left on the lease that you are ducking he may have any court documents sent to your old apartment [which you have vacated] so you would miss any court dates and by default he would win ... an ex landlord I had offhandedly mentioned to me he did that whenever he could ... [and you might consider checking with the court on your own anyway, just to see if there are any actions against you by the jackass...]
      EVE Online: 99% of the time you sit around waiting for something to happen, but that 1% of action is what hooks people like crack, you don't get interviewed by the BBC for a WoW raid.

      Comment


      • #63
        Change of address at the post office would fix that problem
        There's no such thing as a stupid question... just stupid people.

        Comment


        • #64
          Quoth It's me View Post
          Change of address at the post office would fix that problem
          not if they don't use 1st class mail service as a way of notification. Instead using the note on the door trick

          Comment


          • #65
            Good advice regarding possible court action and notification. A change of address form was already submitted to the post office (actually even as I was still moving). I'm not sure I want to give the old landlord my new address; and I have a feeling he'd conveniently 'lose' it anyway. So I guess I'm going to have to keep track of the court filings for the next couple of months or so.
            Last edited by ADeMartino; 09-27-2013, 01:18 AM. Reason: correcting spelling error

            Comment


            • #66
              Quoth It's me View Post
              Change of address at the post office would fix that problem
              Not if they get a 'officer of the court' to deliver a summons. They depend on the address given to them by the plaintiff.
              EVE Online: 99% of the time you sit around waiting for something to happen, but that 1% of action is what hooks people like crack, you don't get interviewed by the BBC for a WoW raid.

              Comment


              • #67
                Quoth ADeMartino View Post
                He then tried to claim that the under new rental agreement, I was responsible for all repairs to the appliances. Nice try, but no. One, your fridge broke down MONTHS ago – long before you conceived that new rental agreement, and two, I NEVER SIGNED THE NEW RENTAL AGREEMENT for this very reason.
                I love this guy's balls. Trying to get you to abide by a contract that didn't exist when you moved in, didn't exist when he took over, and once it did exist, you never signed, therefore never agreed to. "Dim bulb" doesn't come close to describing this nitwit.

                Quoth ADeMartino View Post
                It’s funny, though. When I left, I’d decided that a confrontation with him probably wasn’t in my best interests. But now that it happened, I’m really glad it did. I’d shut him down thoroughly, protected what’s mine, AND conveyed my contempt for him without punching him in the face.
                I've said it before, and I'll say it again....revenge can be very, VERY sweet!

                Quoth ADeMartino View Post
                It’s over now. And it feels so damned good.
                You did well. Now, kick back, light up a big ole cigar, pour yourself a glass of fine rum, and laugh to the starry heavens over your good fortune in defeating this wankapotamus.

                (Or whatever your equivalents to big ole cigar and fine rum are.)

                Quoth AccountingDrone View Post
                Please *do* make sure he has an address for you, as you theoretically have 30 days left on the lease that you are ducking he may have any court documents sent to your old apartment [which you have vacated] so you would miss any court dates and by default he would win ...
                Whatever you do, do NOT give this asshole your new address. Give him a PO box, or your lawyer's mailing address, even your phone number, but to let this scumslime know where you live could be, and probably WOULD BE, catastrophic. Since we both know he has no problem ignoring the law.

                "The Customer Is Always Right...But The Bartender Decides Who Is
                Still A Customer."

                Comment


                • #68
                  Quoth Jester View Post
                  Whatever you do, do NOT give this asshole your new address. Give him a PO box, or your lawyer's mailing address, even your phone number, but to let this scumslime know where you live could be, and probably WOULD BE, catastrophic. Since we both know he has no problem ignoring the law.
                  Oh, I've made a resolution regarding this guy if I ever see him near the new place. And I'm afraid I can't share here what that resolution is. Because..... well, you know.

                  Comment


                  • #69
                    Quoth Aethian View Post
                    not if they don't use 1st class mail service as a way of notification. Instead using the note on the door trick
                    That won't fly with the court; you CAN get a default judgement thrown out if you can show you were improperly served. The landlord "serving" you by sticking the notice under the door of the place you've already moved out of is improper service.

                    Quoth ADeMartino View Post
                    Good advice regarding possible court action and notification. A change of address form was already submitted to the post office (actually even as I was still moving). I'm not sure I want to give the old landlord my new address; and I have a feeling he'd conveniently 'lose' it anyway. So I guess I'm going to have to keep track of the court filings for the next couple of months or so.
                    I agree; keep an eye on the docket for awhile. And I'm glad you didn't give him your new address; if he is going to sue, why make it easy for him?

                    Quoth AccountingDrone View Post
                    Not if they get a 'officer of the court' to deliver a summons. They depend on the address given to them by the plaintiff.
                    If they're honest, though, they'll look elsewhere as soon as they realize the apartment is vacant.
                    They say that God only gives us what we can handle. Apparently, God thinks I'm a bad ass.

                    Comment


                    • #70
                      Quoth ADeMartino View Post
                      Oh, I've made a resolution regarding this guy if I ever see him near the new place. And I'm afraid I can't share here what that resolution is. Because..... well, you know.
                      Well, it's not like he's a customer...

                      "The Customer Is Always Right...But The Bartender Decides Who Is
                      Still A Customer."

                      Comment


                      • #71
                        Quoth AccountingDrone View Post
                        he may have any court documents sent to your old apartment [which you have vacated] so you would miss any court dates and by default he would win
                        That is an example of sewer service. Another is for the server to simply falsify the affidavit of service--a felony (perjury, specifically) but prosecutions for this can be counted on one hand nationwide.
                        Quoth ADeMartino View Post
                        Good advice regarding possible court action and notification....So I guess I'm going to have to keep track of the court filings for the next couple of months or so.
                        Check on the statute of limitations in your state--it's likely to be longer than two months. Somehow I wouldn't put it past him to file on the last possible day and serve you at your old addy. Jester has a point about a PO box or PMB. Send the change of address registered. Sure he'll lose that notification, but then courts take a dim view of willful ignorance (look up the term).
                        I'm trying to see things from your point of view, but I can't get my head that far up my keister!

                        Who is John Galt?
                        -Ayn Rand, Atlas Shrugged

                        Comment


                        • #72
                          Quoth taxguykarl View Post
                          Check on the statute of limitations in your state--it's likely to be longer than two months. Somehow I wouldn't put it past him to file on the last possible day and serve you at your old addy. Jester has a point about a PO box or PMB. Send the change of address registered. Sure he'll lose that notification, but then courts take a dim view of willful ignorance (look up the term).
                          The SOL in my state regarding civil matters of this type is two years.

                          I really, REALLY don't want to give this guy my new address. The whole point of this was to get the hell away from him and his bullshit. And if I'm not mistaken, they can't serve a warrant, process, or whatever to a PO Box. Any suggestions?

                          Comment


                          • #73
                            That depends on your state. Some states allow service by registered mail, some by a legal notice in the local newspaper...even the free (and typically worth its price) 'alternate' weekly. Remember you're assuming that (at the risk of 'jacking Seraph's classic)slumlord will actually follow the local laws on civil procedure--not a good assumption.

                            Check with your county court clerks office. In any case, the lawsuit has to filed with the county clerk. Some post their filings online, you will need to periodically check for a suit against you 'til the SOL expires. The last thing you want is a default judgment against you. Yes, they can be overturned, but that is a major (and pricey) PITA.

                            Come to think of it, check whether the SOL ends two years from when you moved out or the existing lease ends.
                            I'm trying to see things from your point of view, but I can't get my head that far up my keister!

                            Who is John Galt?
                            -Ayn Rand, Atlas Shrugged

                            Comment


                            • #74
                              Had a similar story with your rental agreement that you wisely refused to sign. I worked at my college as a custodian one summer--I was provided free housing on campus in addition to pay. However, the contract they had us sign had one rather unfair clause--if we didn't finish out the summer for ANY reason, including being fired, they would take back "rent" out of our pay--in other words, pretty much all we'd made for the summer. I forgot to sign the agreement, since I came in late, and worked for about a month before, you guessed it, being fired by an ass of a supervisor who expected me to read his mind and got angry when I couldn't. I had never worked custodial, and I never could do a job thoroughly enough for him (for example, I would clean a bed mattress but didn't think to dust off the frame, I just wasn't used to thinking that way, and he told me to "clean the bed",) and he got me fired. Well, time came as I was crying and packing up (first time I'd ever been fired for cause, and I was pretty upset) and one of my roommates mentioned that clause and expressed sympathy that I wasn't going to get my pay. I remembered right away that I hadn't actually SIGNED the contract, and started laughing. He asked why, and I told him. HE started laughing. I went and got the contract, scratched out and initialed the portion about rent to show I was specifically NOT agreeing to that part of the contract, and signed it and turned it in. I imagine they were furious when they realized they couldn't take my pay without getting sued, and when I got my check, it was all there. Only time I've every managed to stick it to someone who was trying to screw me like that.

                              Comment

                              Working...
                              X