Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Georgia
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 03-28-2015, 02:51 PM
 
1 posts, read 4,497 times
Reputation: 15

Advertisements

First of all this is in Georgia

I rented an apartment for approximately 2.5 years. In this time I complained about the apartment complex over and over again, and their lack of maintaining the property and their "security officer" not doing his job. I finally made the complex break the lease. We moved out on the date we had agreed upon and were notificed that they would do a final walk through on the 3rd of the month, we moved out on the last day of the previous month. We finally received their "notice" on the 8th of the month. According to the lease we were supposed to receive this w/in 5 days of moving out. In this notice we were being charged $1300 for painting the apartment with a special Kilz due to it having a "heavy smoke smell". We argued the point with them, and I have people who will testify that they did not smell smoke in the apartment (not family either, just friends and neighbors). We asked for proof, they have yet to provide any. In my lease we are responsible for anything above normal wear and tear, yet the apartment was clean, and did not smell like smoke. My questions are, 1.)being that we did not receive the notice 'til the 8th of the month, is the contract null; 2.)is this legal for them to charge us this? No proof other than what they say is a couple of photos that show discoloration; 3.)if we choose to pay the $1300, which I don't think we should (people smoke, I do not see this above normal wear and tear, and the apartment did not smell like smoke anyways), but if we do decide to pay, how long do we have to pay the debt due to us not having any sort of contract on the debt.
Reply With Quote Quick reply to this message

 
Old 03-29-2015, 02:53 AM
 
Location: Philadelphia
608 posts, read 589,403 times
Reputation: 377
Well, you need a good lawyer for this overall, but I'd think that if you can provide some decent witnesses backing up your claim that the apartment did not smell like smoke unless someone had recently smoked that you'd have a decent claim for fighting.

You *might* also have a basis for fighting based on an excessive charge. If you'd been there long enough cooking, burning candles, sweating, and performing other smell-and-stain producing activities, then it might be considered normal practice to re-paint an apartment. If so, then all they could charge you for would be the extra cost of using Kilz. Look up Kilz on Google and you'll find it's not all that expensive when compared to regular paint: they might be able to hit you up for $50 or $100 or somesuch for the extra cost, but unless they were able to show that they needed to paint a different color on top of the Kilz, I can't see them charging you for the entire paint job.

OK... now... that all being said... Things may be different if a "no smoking" clause was in your lease. In a case like that your case would hinge on them producing proof that you smoked in the face of denial on your part that it occurred.

Finally, it might help you to both understand where this whole scam (if it is, as I suspect, a scam) is coming from and why they expect to get away with it if you familiarize yourself with the whole background of the "War On Smokers." You can find lots of sites on the internet for that (Forces.org and the SmokersClubinc.com and rampant-antismoking.com are three good ones to start with.) and there are several good books out there on the subject as well (e.g. Ted King's "The War On Smokers And The Rise Of The Nanny State," my own "Dissecting Antismokers' Brains," and Christopher Snowdon's "Velvet Fist, Iron Glove, A History Of Antismoking" are all available on Amazon, and there are several freely downloadable ones as well: "Rampant Antismoking Mentality," "Slow Burn," and "The ABC's of ETS" are all accessible from the sites noted above. Reading some of that material might give you a better feel for the sorts of improper or incorrect arguments that might be brought up at a hearing and how you might respond to them.

Oh! Finally... you might benefit from reading the article about a court battle in which a condo-owner tried to sue a condo association over a neighbor's smoking. See Witness Testimony Ends in Secondhand Smoke Trial | Greenbelt, MD Patch and pay special attention to the 323 comments that come after it. Note what happens when the star witness for the Antismokers, the "International Secondhand Smoke Consultant," James Repace, is closely questioned about his testimony. Heh, and check out what happened when he tried to use his "scientific instruments" in the smoke-free courthouse to demonstrate the validity of his methods!
Reply With Quote Quick reply to this message
 
Old 03-29-2015, 01:28 PM
 
4,538 posts, read 6,405,776 times
Reputation: 3481
Did you smoke in the apartment?
Reply With Quote Quick reply to this message
 
Old 03-29-2015, 01:31 PM
 
Location: SC
8,793 posts, read 8,094,225 times
Reputation: 12991
I would fight it.

1) They have no proof you smoked.
2) Kilz paint is cheap ($16/gallon) and can be used as a primer and surface paint when tinted. It is cheaper than "normal" paints at the store that sell for ($30/gallon). I just painted my house interior using it.
Reply With Quote Quick reply to this message
 
Old 03-29-2015, 01:44 PM
 
4,538 posts, read 6,405,776 times
Reputation: 3481
Smoking, have a dog, having a cat, usually sets you up for deposit issues.

Is it the KILZ that is issue? Or is it painting that is issue?

Most places paint between tenants.

Personally, I never rent to smokers. If the smoke inside my unit stinks and it could cause a fire. If they smoke outside it gets into other units windows and they complain.

Then there is the issue of folks have the right to peace in their unit. Smoke entering other units interferes with their rights. I also dont rent to folks with pets. Or folks who are DJs, musicians or folks who work from home

It is all extra wear and tear on my apt. A childless couple, no pets, no smokers who got to an office every day, vs a work at home set of parents who smoke with a dog and three kids. It is ten times the wear and tear with the, kids, pets and smoking.

Hence definition of normal wear and tear. For a family what is normal wear and tear is different than normal wear and tear for a retired couple who are snowbirds.
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 10:01 AM
 
1,697 posts, read 2,236,315 times
Reputation: 1337
"if we choose to pay the $1300, which I don't think we should (people smoke, I do not see this above normal wear and tear, and the apartment did not smell like smoke anyways)"

It sounds like you did smoke in it. If you did, it smells like smoke, period. Smokers can't smell smoke very well at all. I can smell a cigarette if a person three cars in front of me is smoking. They reek.
Reply With Quote Quick reply to this message
 
Old 04-06-2015, 09:41 AM
 
Location: sowf jawja
1,941 posts, read 9,213,404 times
Reputation: 1069
Quote:
Originally Posted by joey86 View Post
It sounds like you did smoke in it. If you did, it smells like smoke, period. Smokers can't smell smoke very well at all. I can smell a cigarette if a person three cars in front of me is smoking. They reek.
exactly. . .

i used to smoke. it blew me away just how bad it smells once i got away from it. and especially being able to smell people smoking at a traffic light.
Reply With Quote Quick reply to this message
 
Old 04-06-2015, 09:54 AM
 
16,715 posts, read 19,294,784 times
Reputation: 41480
Quote:
Originally Posted by BALANCED911 View Post
First of all this is in Georgia

I rented an apartment for approximately 2.5 years. In this time I complained about the apartment complex over and over again, and their lack of maintaining the property and their "security officer" not doing his job. I finally made the complex break the lease. We moved out on the date we had agreed upon and were notificed that they would do a final walk through on the 3rd of the month, we moved out on the last day of the previous month. We finally received their "notice" on the 8th of the month. According to the lease we were supposed to receive this w/in 5 days of moving out. In this notice we were being charged $1300 for painting the apartment with a special Kilz due to it having a "heavy smoke smell". We argued the point with them, and I have people who will testify that they did not smell smoke in the apartment (not family either, just friends and neighbors). We asked for proof, they have yet to provide any. In my lease we are responsible for anything above normal wear and tear, yet the apartment was clean, and did not smell like smoke. My questions are, 1.)being that we did not receive the notice 'til the 8th of the month, is the contract null; 2.)is this legal for them to charge us this? No proof other than what they say is a couple of photos that show discoloration; 3.)if we choose to pay the $1300, which I don't think we should (people smoke, I do not see this above normal wear and tear, and the apartment did not smell like smoke anyways), but if we do decide to pay, how long do we have to pay the debt due to us not having any sort of contract on the debt.
But you don't mention if you actually did smoke in the apartment, or on the patio. Just because you can't smell it doesn't mean it doesn't stink. Smokers are typically immune to the smell because it permeats their clothes, hair, skin, nails, etc.
Reply With Quote Quick reply to this message
 
Old 04-06-2015, 10:47 AM
 
Location: Atlanta
5,618 posts, read 5,879,019 times
Reputation: 4875
Quote:
Originally Posted by southgeorgia View Post
exactly. . .

i used to smoke. it blew me away just how bad it smells once i got away from it. and especially being able to smell people smoking at a traffic light.
That's the worst. I'm just trying to enjoy a beautiful day with the windows down at a light but all I can smell is the smoker in the car next to me.
Reply With Quote Quick reply to this message
 
Old 04-08-2015, 09:04 AM
 
Location: Savannah
2,099 posts, read 2,258,178 times
Reputation: 1336
Your right to smoke extends right up to the point it affects other people. You can smoke right next to me if you do it in a plastic bag. Or vape or eCig. I mean, what if I had difficulty of breathing condition? People are so unaware and inconsiderate, as a general rule. In fact, I'm not thrilled my insurance premium is paying for your cancer. I think your insurance should be 8x higher than it probably is. That's just a fair implementation of capitalism to the healthcare market.

I completely support your right to smoke or do whatever activity, as long as any affects on others are fairly compensated or offset for and as long as it doesn't endanger others. Does that sound fair?

I never stay in a hotel room that smells like smoke by the way. And would not buy a car or apartment that did. I am not alone. You negatively affected the value of a piece of property you did not own. Deal with the consequences. Also I find smokers a selfish rude group of people in general. Why? Because every city and public land I've ever been to has been littered with cigarettes. Until you stop behaving like jerks (as a group, not you personally, I will not judge without knowing) do not expect glowing affection from the general population. Of course the same can be said for alcoholics. The sides of streets are also littered with beer cans. (how disturbing).
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Georgia
Similar Threads

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top