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imported_truzoom
12-23-2005, 08:05 PM
Looking for some input from you guys. This is a long read, but I will greatly appreciate it if you can give me some replies.



We`ll say for now that:



My friend = Guy



Ok, earlier this year Guy told me that his dad was going to buy a Condo and let Guy and his friends live there as long as they paid for:



Initial deposit: $200

Rent: $300/month

Bills: Approx. $50 per person. The condo can house 4 people.

(we also signed a short lease saying about drugs, noise, keeping things nice, etc. Guy`s dad says we aren`t on a contract; we just need to find someone to replace us if we move out)



Well everything was fine until about a month and a half after living there. The condominium was a brand new unit just built this summer. I began to have problems with my allergies, especially nasal congestion, so I began taking claritin, sudafed, benadryl.. basically whatever combos would keep things under control. I didn`t know what was causing the problem so occasionally I would try to look around the room to see what it was. Never found it, and as time went on the problem only got worse and I would experience it in every room of the condo.



So then one night I started to have shortness of breath and it got increasingly worse, so I called the nurse line at the regional hospital. She suggested it was an asthma attack, so I drove to the ER to have myself checked up. Doctors confirmed it was an asthma attack and that the left lung was really exhausted. They gave me the papers, and a prescription for prednisone and albuterol. I got them filled and my asthma symptoms cleared up but my allergies remained.



About a week later I tell Guy about the problem (I had been telling him about it occasionally before then) and he says he will call someone to come check it out. First maintenance guy comes and opens up the vent and says he thinks it is bad and that we should stay out of my room. He calls the second guy who says he doesn`t notice anything. Sort of a split deal, so that night I ask Guy if I can switch rooms with someone to see if it will help. I try sleeping in the other room but the problem still persists, so I slept at a friends house that night (problem-free, too).



Next day I talk to Guy and tell him I don`t know what I`m going to do, but I`m going to start looking for someone to replace me so I can get out asap. He says something along the lines of "well, I`ll see if you can just move out".



Next day I talk to Guy who had been talking to his dad, and he says that his dad OK`d that I move out. I ask Guy the following:



Me: Are you sure?

Guy: Yes you can move out whenever you want.



Me: Am I going to get my deposit and remaining rent back?

Guy: Yes.



Me: Am I going to have to pay anything because I moved out so suddenly?

Guy: No



So with the good news and my deposit and remaining rent ($200+$175), I move out. I go back a few weeks later to pay my remaining bills for the month of September. Now consider that it is November by this time. He is constantly late with the utility bills and is never able to get me hard copies of them, so for the first 2 times I pay Guy`s said amount out of good faith.



So fast forward to the current time. I`ve pretty much moved on from everything that happened at Guy`s dad`s condo. I`m just waiting for him to call me to let me know how much to pay for October`s bills. (It`s December already!)



Well I get a letter in the mail from Guy`s dad saying that because of circumstances surrounding me moving out, I now owe him $550.



So I call Guy and ask him what it is about. He says that I was not supposed to move out when he said so because he had a miscommunication with his dad and he was not supposed to give me a check for $375. He says he is going to try to lower the amount owed, but I just ask him for his dad`s phone number so I can call and get a direct conversation going.



So this is the point where I am totally confused and irritated and feeling rather upset.



For one thing he clearly stated that I could move out and that I would receive my deposit and remaining rent (as per his dad`s instructions). And, it has been more than a month since that situation and it just seems very cheap to send me a letter saying I owe the amount. I`ll be heading home for Christmas to discuss this with the family and to call Guy`s dad and get it sorted out.



I`m just wondering if I can get any help or input regarding this situation.

erik7
12-23-2005, 08:32 PM
First, I`m not a lawyer. But my opinion is there was never any contract, nothing was ever signed, so you won`t owe him any money (as he wouldn`t owe you any if you moved out early after paying the rent).



Verbal committments are almost impossible to prove. I would do what you are doing, get on the horn with the father, and tell him that it`s not your responsibility that he and his son had a miscommunication. You discussed the situation with Guy, he said it was ok for you to move out immediately, so you left. With no contract, there were no rules to follow.



After you talk with the father, and he will not back down, I would politely tell him that it`s no longer your problem and that you`re sorry you can`t help him any further, and then talk to a lawyer to get clarification of your rights. I know it`s hard since you`re friends with Guy, but that`s why it`s tough to mix business with friends when no contracts are in place stating to everyone what their rights are. Good luck.

Dave N
12-23-2005, 08:46 PM
See if there is a local Tenant`s Union. There was one where I went to college and they were helpful in explaining your legal rights in these types of situations. I think you`re right to talk to the father though. It`s hard telling what kind of story Guy told him.

Setec Astronomy
12-23-2005, 09:32 PM
So has your asthma gone away now that you are out of the place?

imported_truzoom
12-23-2005, 09:42 PM
Yup. Haven`t had an attack since.

Setec Astronomy
12-23-2005, 09:46 PM
Might not have been the mold that you originally thought, might have just been that "sick building" thing, where new construction has a bunch of chemicals that are outgassing (just like "new car" smell). It can be from carpeting, adhesives, particle board, paint, furniture. Glad it hasn`t caused you any permanent damage, whatever it was.

imported_chpsk8
12-24-2005, 09:29 AM
Just reading what you wrote I would say that they don`t have a leg to stand on. You got a verbal OK to move out. Guy gave you a refund, and it`s been a couple months and nobody has brought it up until now. That would be pretty clear cut in most if not all states. (ymmv).



You could always go back and ask them for reimbusment for your medical problems that you sustained while being a tennant. :D



If it was me, I`d tell Guy that you`re sorry, but you`re not going to pay him. Tell him he told you it was ok to leave, refunded your rent, and that you have been trying in good faith to pay bills that he has not been able to supply proper documentation for. Tell him it`s only business, and you hope it won`t affect your friendship. Hopefully you can speak with his father and explain the same thing.



If they whine and take you to small claims court, I would highly doubt if they would get anything.

You can call an attorney in your area and most will give you an idea if you have a problem or not. I`ve called a couple times nad never been charged. They only charge if the take the case.



FWIW, I am not a lawyer, but I did stay in a Holiday Inn last night. :D