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Old 01-16-2009, 01:32 PM
 
614 posts, read 1,076,125 times
Reputation: 706

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Hi all,

Not sure if this belongs here and if not, mod please move.

It's long so please bear with me. Thank you.

I'm a small business owner in a retail mall here in Texas. Now I've had my business up since 1999. When I signed the lease with the mall, my CAM that I pay includes everything except electricity and phone. Now this includes 'waste management'. Now back in 2005 or so, the owning group of the mall sold the mall to another group. Now that transaction was seemless and nothing different. We didn't have to sign a new lease or anything. Basically nothing different on our part. Now, this new group decides to not to pay for 'waste management' anymore and leaves it to the waste management group to collect from the tenants. I never received any notice or anything. I basically didn't know of the change until I get a collections call from waste management. I told them that I never signed anything with them and not paying for their service cause I never the dumpster for anything anyways. Once again, I never signed a contract or anything with them so I told them I'm not paying them. I've talked to them at least 10 times to 10 different people explaning to them. Everytime they basically said ok and they'll look into it. But again, someone new will call that really doesn't know anything and I'm tired of wasting my breath. What can I do? I've talked to the mall and they basically washed their hands from it.

Thank you for your inputs.
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Old 01-16-2009, 02:00 PM
 
Location: Mid-Atlantic east coast
5,525 posts, read 10,223,957 times
Reputation: 10742
What a pain! I'm not a lawyer so take what I say with that in mind.

My experience has been that you need to have all communication with that waste management company in writing so you have a paper trail and have documentation.

Have you noted the dates and the names of people you've already spoken to there? If yes, then you need to write a letter to them listing the dates and each person you've spoken with. Tell them you need all future communications with them in writing. Then, if they persist, you need to have a lawyer send them a cease and desist letter. Since they have no contract with you, and if they don't have any proof that you ever received any notification, it would seem you're off the hook.

The next time they call, tell them your attorney has requested that all further communications with them must be in writing and you will not talk further with them over the phone...and hang up, but note the date of the call--and get a person's name as well. If they keep calling, they may be guilty of harassment...
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Old 01-16-2009, 02:10 PM
 
614 posts, read 1,076,125 times
Reputation: 706
Thank you and rep for you. That's one thing that I've failed to do. I haven't documented my previous calls from them. I've resorted to ignoring their calls when they call. I guess I now have to speak to them again.
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Old 01-16-2009, 02:31 PM
 
8,648 posts, read 15,628,188 times
Reputation: 4586
You said your rental contract did not change so why would you now have to pay if it was part of your contract? The new owners can't just drop something they don't like without a new written contract.
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Old 01-16-2009, 02:37 PM
 
614 posts, read 1,076,125 times
Reputation: 706
Quote:
Originally Posted by Houston3 View Post
You said your rental contract did not change so why would you now have to pay if it was part of your contract? The new owners can't just drop something they don't like without a new written contract.
Exactly. That's what I kept telling them. I told them to show me where I signed any agreement with them then I'll be happy to pay. That's when they all say ok, let them look it up and get back to me. Next thing I know, another person calls that has no idea about the last convo and it all starts again.
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Old 01-16-2009, 02:41 PM
 
8,648 posts, read 15,628,188 times
Reputation: 4586
Quote:
Originally Posted by kcatheart View Post
Exactly. That's what I kept telling them. I told them to show me where I signed any agreement with them then I'll be happy to pay. That's when they all say ok, let them look it up and get back to me. Next thing I know, another person calls that has no idea about the last convo and it all starts again.
Just send them a certified letter saying you have no contract with them and that you don't use a dumpster and will not pay for it. And keep a copy for yourself and get a return signed receipt for the letter.
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Old 01-16-2009, 03:44 PM
 
Location: Knoxville, TN
2,172 posts, read 6,993,337 times
Reputation: 1527
Quote:
Originally Posted by Houston3 View Post
Just send them a certified letter saying you have no contract with them and that you don't use a dumpster and will not pay for it. And keep a copy for yourself and get a return signed receipt for the letter.
And send a copy of that letter to the company that now owns the place.
When they bought it, they bought it with the current leases. Check to see if there is anything in the lease dealing with change of ownership that lets them change the rules. They have obligations to you as a tenant. Don't let them off the hook.
It would be a good idea to get a consultation with a lawyer. Usually you can go through your bar association and get a 1/2 hour for $30 or so. That would give you some idea of where you stand and strategies to follow.
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Old 01-16-2009, 05:36 PM
 
8,648 posts, read 15,628,188 times
Reputation: 4586
Quote:
Originally Posted by knoxgarden View Post
And send a copy of that letter to the company that now owns the place.
When they bought it, they bought it with the current leases. Check to see if there is anything in the lease dealing with change of ownership that lets them change the rules. They have obligations to you as a tenant. Don't let them off the hook.
It would be a good idea to get a consultation with a lawyer. Usually you can go through your bar association and get a 1/2 hour for $30 or so. That would give you some idea of where you stand and strategies to follow.
Good idea, send a copy to the new owners, I didn't think of that.
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