Tenant's Rights - Lawsuit? (low income, apartment complex, rentals)

[angeldarknesslight]

Hi. I don't know where to turn so hopefully someone here can guide me into the right direction.

My b/f and I had lived in a lower level (basement) apartment for the last 8 months. The apartment complex consisted of 6 units. Upper/lower. It used to be a halfway house. Our floors consisted of chipped concrete and was fairly depressing.

With our deposit, we also gave to the property manager copies of our awards letters from Social Security. We are both on disability. He gets paid on the 3rd, I get paid on the 2nd Wednesday of the month so unfortunately there is no consistent date for my paycheck. Nevertheless they are consistent paychecks. The mgr agreed to take partial rent payment from his check and mine. At one point we did get behind, but every time rent came up, we added extra every month to make up for it with her approval.

Now: She was supposed to have sprayed the apt for cockroaches the day we moved in; that never happened. There was a broken window in on of the bedrooms, we had asked her time and time again to replace it. After months, she took the actual frame said she was going to have the glass installed and we could put it back in. Returned to us the wrong size frame with glass. After several calls, she never bothered to come back and give us the right one. Meanwhile we went through winter and cold snaps with no window. Bedbugs infestation. We went without proper plumbing for a week as the septic pump died. You couldn't flush the toilet, do dishes or let the bathtub overflow without the overflow of sewage seeping through.

After we were almost caught up with rent, a realty company took over with an announcement that rent was due on the 1st thereafter late charges, interest charges, etc. would be applicable with no partial payments accepted.

The property manager came around on the 3rd as usual collected $200 cash from us whereas we do have a signed receipt, and left.

The realty company called wanting to know where the rent was. My b/f explained to him what had been accepted the
last 8 months (partials because of our disability pay) and come to find out, our "property manager" did not work for the realtors and we were out $200. The realtors told us we must get the money back along with the other $475 as they did not take partial rent payments.

The following week we received an eviction notice/court ordered. However it showed we had a ZERO back balance. They were looking for over $1000 from us in late fees, interest, et al. My b/f showed up in court and we lost.

We had a week to move out. We had to leave a lot behind because of the bed bugs and cockroaches.

I don't want to make this too long, but I just would like to know, can we sue and was this fair by what they did? We were late not behind.

Thank you.

[johnp292]

Wow. That's a really sad story, I genuinely feel for you. This is really a situation where you need professional advice from an attorney, not from an online forum. I get that your resources are limited. You may want to seek assistance from services for those with low incomes, such as Community Legal Services, Inc.

Do not delay. Best of luck to you.

[Zeromus-X]

Did you have a written agreement with the landlord as to your payment arrangement?

I guess it ultimately doesn't matter as you have already lost in court. I don't see how you could sue the landlord when you have already lost in the eviction process. My understanding -- and I am not a lawyer -- is that the eviction clearing the courts would present quite the obstacle for suing the landlord or the new company.

I'll second the "get a lawyer, don't rely one what you get here" sentiment though. Having been through a landlord-versus-tenant battle (not with us, but with our neighbors in the apartment), I have seen how easily the courts will side with the landlords.

[johnp292]

Originally Posted by Zeromus-X

Did you have a written agreement with the landlord as to your payment arrangement?

I guess it ultimately doesn't matter as you have already lost in court. I don't see how you could sue the landlord when you have already lost in the eviction process. My understanding -- and I am not a lawyer -- is that the eviction clearing the courts would present quite the obstacle for suing the landlord or the new company.

I'll second the "get a lawyer, don't rely one what you get here" sentiment though. Having been through a landlord-versus-tenant battle (not with us, but with our neighbors in the apartment), I have seen how easily the courts will side with the landlords.

I thought the same thing, they already lost. I missed that they had already moved in my first read. It's probably too late already, but still something an attorney should tell them.

[S. Chris Webb]

So sorry about your plight. Whether it's fair or not, if I understand correctly, a judge already made a decision in favor of the landlord. That said, I am not an attorney, and agree with the above other posts that you should seek legal counsel or other assistance from the appropriate professional sources, and not hope for legal advice from a forum such as this.

I sincerely wish you the best of luck getting through this.

[AZM]

You're screwed! You let everything happen and you did not address the problems as they were happening. You just got educated but at a very large expense. I hope that you have learned from your costly mistakes and will not let this happen again. Here is some free advise that will and would have saved you from the past and future problems while renting: READ THE ARIZONA LANDLORD TENANT ACT! It's free and available on line Arizona Residential Landlord and Tenant Act

[AZM]

One question I have is why? Why would you let yourself live in those conditions and only look into taking action only after you have been evicted? I'm sure their are two sides here and you left yourself soooo wide open that even a Judge didn't buy your explanation.

[YAZ]

They still have some recourse......maybe.

Even after eviction, the landlord MUST store their personal belongings securely for a specified time.....

Worth checking in to.

[Steve Pickering]

Do not ask for legal advice in any forum. The respondents have neither skin in the game, or legal training. Their suggestions will not cost them a dime if it goes south on you. There are agencies to help you. Start with senior and disabled.

[Zippyman]

Originally Posted by YAZ

They still have some recourse......maybe.

Even after eviction, the landlord MUST store their personal belongings securely for a specified time.....

Worth checking in to.

Unless there are certain provisions included in the lease, allowing for immediate disposal of low-value items..

Upholstered furniture & mattresses infested with bedbugs aren't exactly high-value items.. *and*, the landlord is allowed to bill the tenant for the cost of that storage & transport..

I'd be reluctant to "kick" this particular cat - depending on the type of eviction used, a subsequent legal action on the part of the tenant could result in a money judgement for unpaid rent, storage/moving/disposal of old property & treatment for bedbugs & roaches. Many landlords would be reluctant to file for that judgement in the case of a tenant on disability, because they are unlikely to collect - but if you push the issue, no telling what they'll do. At a minimum, I'd expect a countersuit. The only thing worse for you as a tenant than an eviction on your record, is an eviction with an unpaid money judgement.

Just the eviction on your record is enough to disqualify you from most rentals in the valley - as a landlord myself, if I see an eviction on a credit report, I'm done looking at your rental app.. doesnt matter how good your story is.