renata
New Member
Joined: June 2010
Posts: 21 
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Post by renata on Jun 4, 2010 9:08:26 GMT -5
I'm a newbie. Please excuse me if I've missed something or this has been covered.
My story and my plan. Suggestions very welcome :/ ..
My story:
My first teaching job (about four years ago) was for a private employer. I've been told by many that what happened to me there was actionable. Without raising details, a senior figure took against me, and I was given a year's notice with the knowledge always over my head that I was inadequate, that WHY I was inadequate wasn't going to be explained. I was working in a small, isolated, unwelcoming town where a lot of people wouldn't socialize with me due to differences in appearance, religion, etc. Most of my previous cluttering issues were related to having ADD. This was the first time I had ever been really, severely depressed--and my living situation got worse and worse.
There was a light at the end. I got a better job and moved states. But there was also a problem. I was renting from my employer (word to the wise: don't ever, ever do this). I still have terror hanging over my head, in a way ... when I left, I was billed what I think is a gross amount of money for what I did to the apartment.
There were some real issues (notably, a sink with water damage that they claim I didn't alert them to "let rot out." I just didn't know what I was supposed to, but I'm ok with paying that). Carpet stains (red koolaid)--again, cool to pay for. HOWEVER. they sent me an itemized list including things that they shouldn't have billed me for, to the tune of $3000. Figure that I was making $36 000 a year working there. I think that this would be a difficult sum for any working person. The people who billed me also knew and agreed about how poorly I was treated. There was never any call to ask me what happened, why I was so depressed, why I had done this. Never mind ... it was a good lesson to me in what to expect in the world. A real eye opener. I am a Christian and was working for Christians and I guess I had deep down a naive thought that someone would help me. Before my experiences there, I had been very sheltered, I guess. Anyway.
My Plan, and what I'm wondering:
Let me be clear. I'm cool with paying them. It was my fault. I'm not cool with paying them the whole amount. My plan is to send them an itemized list of what I feel like I SHOULD be paying for plus about a third of the amount, then to see what else they bill me. I am just wondering--
How specific should I be about how I was treated there (as a factor in my sending them a reduced amount of money?? Does anyone know about this from a legal perspective? I know that I need this terror and anxiety lifted from me. I just want to make sure I do what I can and what I am supposed to in an honest way. Worst scenario I'll pay them part and wait for a new (full) bill. St
Thank You for your time in reading this!
R.
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Post by CourageouslyLion SeeksSerenity on Jun 4, 2010 9:56:16 GMT -5
- Hi !  I realize you're in a small town, and seeking legal aid might be difficult. If you are in the USA, go to this website: www.lawhelp.orgThen click on your state, and then "housing", and then Landlord-Tenant. Some states have links for employment law, too. You might be able to find out some of your legal rights online there. If you need help navigating through your state's website, just post here or send me a PM. ---- Specifically regarding landlord-tenant laws: The "lawhelp.org" website for the State of washington (the state, and not DC) ... is very helpful in their housing/tenancy information. They explain things very clearly. HOWEVER ... laws are DIFFERENT in other states. I suggest reading the laws in your own state, and then using the washingtonlawhelp.org site as a "glossary" for interpreting the technical legal jargon. But remember that you need to look at the laws in your own state.
NOTE ... I really do hope that MANY members here at SOS reply to your thread. Each person here will give your his/her own perspective on your situation. If you get many replies and viewpoints, it will get you thinking and brainstorming, and you might find helpful ways to approach your situation. - |
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Post by Script on Jun 4, 2010 10:23:59 GMT -5
My plan is to send them an itemized list of what I feel like I SHOULD be paying for plus about a third of the amount, then to see what else they bill me. It has been my experience in MOST debt cases that people will almost ALWAYS settle for less than the original debt. They are just glad to be rid of the bookkeeping issues  How specific should I be about how I was treated there (as a factor in my sending them a reduced amount of money?? Does anyone know about this from a legal perspective? I don't know about this from a legal perspective, but from COMMON SENSE this I know: DO NOT EXPLAIN. Just say that this is not what you recollect about the damages. REPEAT: do not try to justify or cast blame elsewhere. That is immaterial. Case that I know first-hand: a friend was having an ongoing dispute with his landlord about smoking issues [the landlord lived on site and smoked, this bothered my friend.] The landlord didn't stop smoking  , so then my friend foolishly STOPPED paying rent. The landlord eventually won a judgement in small claims court and had my friend's car repossessed for back rent. The fairness/unfairness of the smoking was NOT an allowable factor. |
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Post by ctrlz on Jun 4, 2010 11:09:16 GMT -5
Script is absolutely right. How you were treated at the job is immaterial, legally speaking.
Ideally, you should contest specific items from the list. However, in the absence of proof (photos or other documentation), this will not hold up in small claims court, should it go that far.
Your landlord is not obligated to negotiate with you, but as Script said, people are often willing to settle for less money than go to court.
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renata
New Member
Joined: June 2010
Posts: 21
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Post by renata on Jun 4, 2010 11:49:43 GMT -5
Thank You so much for these good responses.
I have an itemized list. My plan has been to write contesting some specifics on the list, enclosing a check for some of the money (about 1/3). Then I will see what they tell me next. Experientially, court is unlikely but the fear is important to get rid of. Based on advice, I won't talk about what happened at the job.
Thank You again,
R.
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Post by success19 on Jun 4, 2010 16:08:26 GMT -5
I would not send a check at all - they can then get your account and have a judgment placed and clear it out.
Is the letter they sent you from them or a lawyer or credit agency?
If if it from them it isn't legal.
How many letters have they sent?
Did you have a lease?
Did they keep your deposit?
Can they prove you did all the damage?
Keep all correspondence from them.
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Post by ctrlz on Jun 4, 2010 17:26:06 GMT -5
Is the letter they sent you from them or a lawyer or credit agency? If if it from them it isn't legal. This will depend on your local laws. It is definitely worth finding out exactly what the requirements are for where you live. |
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Post by success19 on Jun 4, 2010 21:59:52 GMT -5
Yes and I notice you say it has been 4 years since you lived there? So have they rented the place out in those 4 years? Can they prove you did the damage? I would want alot of questions answered first. Whats to prevent them from coming back and wanting even more money? The burden of proof is on them I would think. I think you need to consult a legal type of person. Something mailed to you demanding money - this much seems strange to me after all this amount of time.
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Post by success19 on Jun 4, 2010 22:04:03 GMT -5
If you decide to send money - get a money order instead - no check to get to your account - and by sending any money at this point without some agreement in writing - it could be considered an admission on your part and considered partial payment. Unless this situation has been going on for years - at this point in time the ball is in your court.
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renata
New Member
Joined: June 2010
Posts: 21
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Post by renata on Jun 5, 2010 8:11:15 GMT -5
Thank You for all these good responses.
It's been a year since I lived there, and it is a college that is billing me, although they are also using a collection agency. I definitely did the damage, just feel that they went to the max in charging me. I'm okay with a check because I don't have direct deposit in that account and am sending them exactly half the money. If worse comes to worst I will send them the other half when I can afford it. I just want the peace of mind.
Thanks again,
R.
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Post by eagle on Jun 6, 2010 0:35:14 GMT -5
Renata,
I strongly suggest you consult with an attorney if at all possible. Often you can get an hour's consultation free without making a commitment to hire them. Legal aide is an option perhaps. I don't know your specific financial situation currently, but if you consider the possible consequences and weigh the risk vs. benefits, you may find that even a consulation fee is a worthwhile expense.
Now, speaking as a former landlord, as well as a former tenant, I'll give you my perspective.
As a landlord: I had a tenant who did quite a lot of damage to my property. I had a well written lease which included phraseology that required said tenant to inform me of any leaks or other repairs in a a timely fashion to prevent further damage. This part of the lease provided for the fact that if the tenant did not inform me of needed leaks or repairs, that resulting long-term damage would become the responsibility of the tenant. The tenant agreed to this by signing the lease. It is standard in leases in the United States and has been for some time.
My tenant did not inform me of an ongoing leak and the result after a year was rotten wood that had to be replaced and other related damage, requiring repair which would not have been needed had I been informed of the leak and had the leak been repaired when it first appeared. The tenant paid for those repairs as afforded by the tenant/landlord laws of the state in which my property resided (California, at the time.) I had before and after photographs fo all damage, which I kept and shared with the tenant.
As a tenant: I rented a house from a landlord who had similar language in the lease when I signed it. Even though I was certain that the document would protect my interests, I also took photographs of the condition of the house when I moved in. I kept the original document in a file with the photos and referred to it when I moved out. I held that original document in my hands for the final walk-through of the house when I moved out. I took photos after cleaning up the house to support any claims I might have if I didn't get my full deposit back. I did get my full deposit back, so I never needed to make any claims.
My point is that documentation, the lease or rental agreement, the landlord/tenant laws of your municipality/state/whatever all work together to provide answers to wheather or not you are liable for the full amount billed.
Legal advice is probably the best way to go, especially knowing you are dealing with an institution (a college), rather than a single landlord. Going up against an entire legal department or law frim representing an institution is far more risky than dealing with a single landlord.
Waiting to address the issue for a year, puts you at a disadvantage. I may have misunderstood that part, though, if I did, please forgive me. Again, I urge you to seek legal counsel.
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renata
New Member
Joined: June 2010
Posts: 21
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Post by renata on Jun 6, 2010 7:52:19 GMT -5
Thank You for this advice. I am in the same situation as your tenant (repairs are documented). I have decided to pay the money in full.
R.
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