HELP! New Apt manager threatening to charge for maintenance? (apartment complex, lease, tenant)
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Hello all! I have just moved into this apartment complex 3 months ago and though I love the actual apartment, the location, the neighbors, the school district, I despise the leasing office staff. So far they are on their third manager since I have lived here. I thought things were OK until after I was approved they kept delaying my move in, didn't have the apartment ready, didn't have the lease ready, had numerous repairs that still needed to be done ... but I knew none of this until they day I was to sign the lease and move in, so even though it threw up red flags I signed with them and moved in cuz because I had no where to go.
Anyway, things have been quiet the past month or so with the new manager and he seemed nice enough as I had no real contact with him other than handing him my rent check last month and this month.
One of the repairs that needed to be done since I moved in was that the sink leaked really bad when I did dishes, so I called last week and asked them to fix it. The maintenance guy did and mentioned if I have anymore issues with it or the garbage disposal to call back and let him know. Well, over the weekend the garbage disposal went out and my sink began to flood. I called back yesterday, the manager answered and when I told him the issue he asked me in a really hostile tone what I had done to it now. I told him nothing, I'd gotten ready to do dishes and it wouldn't come on. He said "Ok so if I send him over he better not find any foreign objects in there" and hung up on me. I'm like "wow wtf is up with that?" But I brushed it off and thought nothing of it.
The maintenance guy came back and did some digging around, found build up and also said there was a small plastic toy. I didn't get a good look at the toy, but I do have a toddler so I was like "Oh ok well maybe it was an accident and he dropped it in there."
He left and immediately the manager called me, again in a hostile and condescending tone telling me he was told a toy was in the garbage disposal and asked me how it got there. I was really shocked and put off, so I was short with him and told him I did not know, but I have a child and it's possible it was an accident.
He said "OK, let me explain something to you. Here you don't call us for repairs for problems caused by you. If something fails by our doing, you call us. Otherwise you fix it. If you call me to repair something again I'm going to have to charge you each time I send someone out"
I was really taken aback. This is the first time I've ever been told ANYTHING like that since I've lived in apartments. I'm not a complainer, as long as he's been here I've only called twice, last week and yesterday. I've only been here 3 months so it's not like I've abused the apartment and caused multiple suspicious issues so I don't understand where he got off talking to me that way.
I read my lease and it says nothing of that sort about repairs, pretty much so long as the tenant is not intentionally causing damage they will fix it. I also went back and examined the toy they found and though I do have a little boy, the toy found was a Barbie piece that does not belong to him. Who knows how long it has been in there?
So now I don't know what to do. I mentioned before repairs needed to be done since I moved in. I notified the first 2 management groups and they sent people out to fix some of them .. but I still have a hole in my bedroom door, uncovered outlets, a bathtub that floods when we shower, a screen door that doesn't doesn't fit on the patio and falls off after we open and close it a few times, and the drying knob that's missing from the dishwasher.
These were little things that didn't completely make the house inhabitable so I didn't repeatedly push to have them fixed, but now with this new guy I'm afraid if he's still here if I am to move out, or if I just need them fixed (especially the tub) he's going to try to charge me out of the ass for every little thing and it's not my fault.
What can I do about this? What steps can I take at this point? I really do not appreciate being bullied for no reason and feeling like I can't LIVE in the home I'm paying rent for every month.
Someone please help! I live in Oklahoma if that helps anything.
Did you submit a move-in checklist noting all the deficient items shortly following your residency in the place? This is common and serves to protect both Landlord and tenant. If so, you need to take a copy to the management office and get this work scheduled. If not, you are pretty challenged....and if they reject you, it's time for a certified letter and some legal actions.
I had a tenant with children and we also retrieved a toy from a stopped up toilet. Even though my leases state that repair costs for tenant caused damage is the responsibility of the tenant, I usually pay for the repair and warn the tenant that this kind of thing in the future will be on his nickel.
Sounds like there is a bundle of deferred maintenance issues at this property and the turnover in property managers causes the new staff to be overwhelmed and then they become testy. Not a good situation. And you, as the customer, suffers.
When I lived in apartments, the way it worked was that if something we did caused the problem, then we were charged for the repair. For example, the time my 2 year old flushed a rubber ducky, we had to pay for them to snake the toilet. There was one time they tried to claim that we had put a lot of dirt and mud down the kitchen sink and caused a clog, but the pipes were actually cracked inside the foundation and that was how the dirt got in the pipes. They couldn't fix that one and we had to move to another unit.
I learned how to fix little things so that I wouldn't have to call them every time I needed something done. On the underside of the garbage disposal, there's usually a hole that takes a 1/4" allen wrench (you can get a set of allen wrenches at Walmart for $2). Put the allen wrench in, wiggle it back and forth a little bit, and press the reset button (also on the underside of the disposal). If the disposal doesn't run then or it stops again, repeat the above, and use a flashlight to look inside the disposal from above. Clear anything that doesn't belong, then use the allen wrench and the reset button again.
For the shower drain, there's a plastic strip you can buy in the cleaning asle at Walmart. It has a bunch of little plastic teeth and it has a loop handle at one end. Push it into the drain and then pull it back out. It will remove gobs of hair. You'll want to wear gloves while you do this. You can clear the bathroom sink the same way.
I know...maintenence is part of what you're paying for when you pay your rent, and you shouldn't have to learn how to do any of it yourself. I'm only mentioning it because it might be helpful, if you're stuck finishing out your lease in a complex where the manager is that unreasonable. In my case, maintenence at the complex I lived at was willing to come out and fix problems, but they had more problems than they really had staff to handle, so sometimes I'd have to wait a week for a repair, and I couldn't go a week without being able to use my kitchen sink, or with the shower taking hours to drain (unsafe when you have small children).
I say you bully them back. Make a list of what needs to be repaired and tell them if they don't fix them or try to charge you for them, you will sue them. Also, tell them about the Barbie part not being your son's. Send it certified mail.
I bet they will back down. And maybe they'll even fix things. Become the squeaky wheel.
Did you submit a move-in checklist noting all the deficient items shortly following your residency in the place? This is common and serves to protect both Landlord and tenant. If so, you need to take a copy to the management office and get this work scheduled. If not, you are pretty challenged....and if they reject you, it's time for a certified letter and some legal actions.
I had a tenant with children and we also retrieved a toy from a stopped up toilet. Even though my leases state that repair costs for tenant caused damage is the responsibility of the tenant, I usually pay for the repair and warn the tenant that this kind of thing in the future will be on his nickel.
Sounds like there is a bundle of deferred maintenance issues at this property and the turnover in property managers causes the new staff to be overwhelmed and then they become testy. Not a good situation. And you, as the customer, suffers.
I did walk throughs with the first and second managements groups. One before renting, one after and pointed out the things that needed repairing. They both noted them on their smart phones
When I signed the lease the woman who signed me in was a temporary as they were between management staff my day of move in. She had no idea what she was doing, and had several people waiting to move in, so she pre-filled out a checklist for everyone even though she'd never seen the apartment and just marked everything down as "decent" condition.
After that is when I pointed things out to the second manager and he marked them down in his phone because he too was unorganized and didn't bring any official documents with him. He did immediately send guys out to look at some things, the major things were repaired (broken faucet in the tub, no air conditioning) but the rest were forgotten about after the maintenance man said he'd be back because he had to order parts. The were minor so I didn't push and bug.
Quote:
Originally Posted by Hedgehog_Mom
When I lived in apartments, the way it worked was that if something we did caused the problem, then we were charged for the repair. For example, the time my 2 year old flushed a rubber ducky, we had to pay for them to snake the toilet. There was one time they tried to claim that we had put a lot of dirt and mud down the kitchen sink and caused a clog, but the pipes were actually cracked inside the foundation and that was how the dirt got in the pipes. They couldn't fix that one and we had to move to another unit.
I learned how to fix little things so that I wouldn't have to call them every time I needed something done. On the underside of the garbage disposal, there's usually a hole that takes a 1/4" allen wrench (you can get a set of allen wrenches at Walmart for $2). Put the allen wrench in, wiggle it back and forth a little bit, and press the reset button (also on the underside of the disposal). If the disposal doesn't run then or it stops again, repeat the above, and use a flashlight to look inside the disposal from above. Clear anything that doesn't belong, then use the allen wrench and the reset button again.
For the shower drain, there's a plastic strip you can buy in the cleaning asle at Walmart. It has a bunch of little plastic teeth and it has a loop handle at one end. Push it into the drain and then pull it back out. It will remove gobs of hair. You'll want to wear gloves while you do this. You can clear the bathroom sink the same way.
I know...maintenence is part of what you're paying for when you pay your rent, and you shouldn't have to learn how to do any of it yourself. I'm only mentioning it because it might be helpful, if you're stuck finishing out your lease in a complex where the manager is that unreasonable. In my case, maintenence at the complex I lived at was willing to come out and fix problems, but they had more problems than they really had staff to handle, so sometimes I'd have to wait a week for a repair, and I couldn't go a week without being able to use my kitchen sink, or with the shower taking hours to drain (unsafe when you have small children).
Thanks for the advice. Yeah all of my life I've lived in corporate owned complexes and am used to them sending maintenance out for anything really, even accidents. It was all included in the rent and the reason they had a staff. When my son was a baby he tore up the window blinds at my last apartment so I asked about having them replaced and they did say I'd be charged for that which I understood. It was something that was deliberately ruined. I spent the $2 and changed the blinds myself.
This place is corporate owned, but on a smaller scale than most complexes around here, so it's not really costing this guy anything out of pocket to have his maintenance staff actually repair things. He doesn't seem that busy. I often see him hanging around the office or outside smoking.
The bathtub we have has a metal thing over the hole that opens and shuts with a flick of a switch in order to fill the tub with water to take a bath. Because its in the way I'm not able to get in there and scrape the hole. I tried pouring a bottle of Drano down but it didn't help. I kinda think the metal thing doesn't open wide enough to let large amounts of water drain from the tub and that's why it floods.
I try to fix most things myself unless I absolutely am unable to :-\
You need to read your state landlord tenant laws which are likely linked in the first "sticky" on this forum.
A landlord is generally responsible in all states to maintain the provided appliances stipulated in the lease. However, they are NOT responsible for covering the costs involved when the problem is caused by the tenant's abuse of the provided appliances. Your garbage disposal unit is viewed as an appliance. So your child stuffed a toy down the sink which caused a problem - it happens but it's on your dime.
Any shortcomings should be addressed in writing via certified return receipt mail to the landlord. By state law and depending on the state, landlords have a certain amount of time to remedy defaults. Many states say, "a reasonable time" which is left to jurisprudence.
I fundamentally disagree with the previous poster who urges you to arbitrarily fight back. Read and understand your state's landlord tenant laws and go by the book. Good luck!
I say you bully them back. Make a list of what needs to be repaired and tell them if they don't fix them or try to charge you for them, you will sue them. Also, tell them about the Barbie part not being your son's. Send it certified mail.
I bet they will back down. And maybe they'll even fix things. Become the squeaky wheel.
I was kinda considering going this route as well. I am a nice person and I treat people with respect, so I do not appreciate when people disrespect me for no reason and I felt he was out of line. I don't want to let him feel like just because he is the apartment manager that he can say anything he wants to me, bully me and I will just take it. I pay HIM rent and I can move at any time. There's an apartment complex on every block in this city, so he's not doing me any favors.
I do like my apartment and my kid is happy here, but I will move if I have to.
I was kinda considering going this route as well. I am a nice person and I treat people with respect, so I do not appreciate when people disrespect me for no reason and I felt he was out of line. I don't want to let him feel like just because he is the apartment manager that he can say anything he wants to me, bully me and I will just take it. I pay HIM rent and I can move at any time. There's an apartment complex on every block in this city, so he's not doing me any favors.
I do like my apartment and my kid is happy here, but I will move if I have to.
I'm also a really nice person, until someone tries to bully me!
I took a couple of years of law school, and it helped me so much in terms of not being afraid of bullies anymore. Just threaten me. I'll gladly see you in court. So, far, I've always won. Judges are not stupid.
In my experience, if you push back, they almost always back down. And in situations like yours, even if it escalates to small claims court, you will most likely win.
I like to think of the worst case scenario. Worst case, judge says you have to pay for the maintenance, and you are out of pocket maybe $100 in court fees.
But, the odds of you winning are so much greater than losing. Plus, what landlord wants to go to court, really? Over maintenance issues? And the guy at the desk is another temp? Then who gets to go to court? The owner? Not likely.
"The maintenance guy came back and did some digging around, found build up and also said there was a small plastic toy. I didn't get a good look at the toy, but I do have a toddler so I was like "Oh ok well maybe it was an accident and he dropped it in there."
If your toddler puts a toy down he drain and it gets caught in the garbage disposal and it causes it to stop working, this is usually something the tenant pays for.
This is normal to have the tenant be charged for something they break by negligence.
Normal wear and tear the apartment pays for. Placing a toy down the drain is not normal wear and tear.
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