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Old 03-30-2010, 10:35 AM
 
Location: Coral Springs, Fl
1,086 posts, read 3,359,385 times
Reputation: 613

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I moved into my apartment 7 months ago and it is a rental based community operated by a large corporate company.

About 4 months ago I was moving the sliding glass closet door in the 2nd bedroom. The door came off the tracks and the glass cracked. I called maintinence to come have it fixed. When they came in they said they will take the door away but I will need to pay $100 to have the door replaced and fixed. Maintinence guy said sorry I only follow orders from the Property Manager. I thought to myself fine, $100 I'll just fix it on my own.

Last week, I am pulling the same type of sliding glass closet door open in my Master Bedroom. The framing around the glass pulled away and the glass slid sideways and cracked again.

This time I am furious. I called and spoke directly to the Property Manager and I explained this is the 2nd time this has happened, and everything in this complex is from the 1980's and I should not be responsible for paying for something old and faulty. I also mentioned that I am renting, and there responsibility is to fix the apartment as they own it. The Property Manager stated he is following corporate guidlines and they they will not fix the door due to my negligence (which it wasn't) and they will happily replace it for free I just have to purchase the door.

I was not getting anywhere with the Property Manager. I have Pre-paid Legal and was thinging about having a lawyer contact either the Property Manager or Corporate with a nasty gram.

Can anyone tell me or give me advice how to persue this issue in the best way so that I an get some traction?
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Old 03-30-2010, 10:43 AM
 
28,455 posts, read 85,332,804 times
Reputation: 18728
I would doubt you'll get anywhere. The general principles that the management company is operating under is that the the material for the door, while fragile, will be functional as a door with reasonable care. They would argue that "all the other units have 'em and this is one of the few that has broken...".

Closet doors are not really a functional item, in that lack of same does not inhibit the ability for you to use the apartment.

Tough situation, sounds like a really poor material choice on their part...
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Old 03-30-2010, 11:09 AM
 
Location: Coral Springs, Fl
1,086 posts, read 3,359,385 times
Reputation: 613
Quote:
Originally Posted by chet everett View Post
I would doubt you'll get anywhere. The general principles that the management company is operating under is that the the material for the door, while fragile, will be functional as a door with reasonable care. They would argue that "all the other units have 'em and this is one of the few that has broken...".

Closet doors are not really a functional item, in that lack of same does not inhibit the ability for you to use the apartment.

Tough situation, sounds like a really poor material choice on their part...
It is a poor choice, and since I have Pre-paid Legal might as well find out what can be done. I've rented apartments for 11 years and never had an issue like this.
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Old 03-30-2010, 11:52 AM
 
Location: Fuquay Varina
6,446 posts, read 9,803,501 times
Reputation: 18349
I would think if you reported a problem with the door or the tracks and it broke later you might be able to weasle out of it, but the fact that you broke the door or 2 doors sounds like maybe you were man handling them too much to cause them to break.

If I were you I would save the legal fees and just pony up the money for a new door and next time be very very careful when using them.
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Old 03-31-2010, 11:44 AM
 
Location: Coral Springs, Fl
1,086 posts, read 3,359,385 times
Reputation: 613
Quote:
Originally Posted by SVTLightning View Post
I would think if you reported a problem with the door or the tracks and it broke later you might be able to weasle out of it, but the fact that you broke the door or 2 doors sounds like maybe you were man handling them too much to cause them to break.

If I were you I would save the legal fees and just pony up the money for a new door and next time be very very careful when using them.
I have pre-paid legal, it's covered 100%.

Sometimes you don't know it's a problem until it happens.
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Old 03-31-2010, 02:05 PM
 
269 posts, read 910,758 times
Reputation: 167
Alright so 2 people have told you not to waste your time and you seem very eager to use your prepaid legal assistance so go ahead, the lawyer you get will know the best course of action to go through. Most likely doing that you're going to **** off your landlord/property manager/everyone involved and should expect them to treat you worse after they get the "nasty gram" plus you will most likely lose and end up having to pay to repair both doors (they may rescind the offer to do it free after being sent the letter).
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Old 03-31-2010, 02:29 PM
 
28,113 posts, read 63,642,682 times
Reputation: 23263
The decision is yours to make... here are a couple of thoughts:

Sometimes, I have fought for principal regardless of the time and effort.

So... did you fix the door and if so, what did it cost?

My experience is that damages are most often dealt with at the end of the tenancy by a deduction from the security deposit... If you are not out any money, how would you prove any damages?

Most cases like this are Small Claims... no lawyers allowed. Of course, your pre-paid legal can advise and help prepare you. Going to court is time consuming and is just the first part in getting restitution if you are successful.

It all comes down to how much time, effort and energy is it worth to you... you can make your point and still loose.
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Old 04-01-2010, 08:44 AM
 
Location: Coral Springs, Fl
1,086 posts, read 3,359,385 times
Reputation: 613
Quote:
Originally Posted by Ultrarunner View Post
The decision is yours to make... here are a couple of thoughts:

Sometimes, I have fought for principal regardless of the time and effort.

So... did you fix the door and if so, what did it cost?

My experience is that damages are most often dealt with at the end of the tenancy by a deduction from the security deposit... If you are not out any money, how would you prove any damages?

Most cases like this are Small Claims... no lawyers allowed. Of course, your pre-paid legal can advise and help prepare you. Going to court is time consuming and is just the first part in getting restitution if you are successful.

It all comes down to how much time, effort and energy is it worth to you... you can make your point and still loose.
I wasn't even going to persue legal action, just a legal letter or a call by my lawyer to the apartment complex in hopes they will do the right thing and replace the 20 year old door...lol They probably take advantage of people becuase most will not make the extra effort to fight the apartment complex after they are told no.

When I moved in I did not put down a security deposit becuase both my credit and rental history are very good.

I wouldn't be fighting this if the appliances weren't from the early 80's. I appreciate your reply as it was the only one that wasn't hostile or biased.
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Old 04-01-2010, 11:14 AM
 
28,113 posts, read 63,642,682 times
Reputation: 23263
Quote:
Originally Posted by eger View Post
I wasn't even going to persue legal action, just a legal letter or a call by my lawyer to the apartment complex in hopes they will do the right thing and replace the 20 year old door...lol They probably take advantage of people becuase most will not make the extra effort to fight the apartment complex after they are told no.

When I moved in I did not put down a security deposit becuase both my credit and rental history are very good.

I wouldn't be fighting this if the appliances weren't from the early 80's. I appreciate your reply as it was the only one that wasn't hostile or biased.
If my tenant calls to report a problem with a mirrored door... I get the door fixed ASAP... as does any possible safety issue.

At one time... mirrored doors were very popular. I replaced one that a tenants child broke throwing a toy... when it broke the second time a few months later... I told the tenant I would have to charge her the material costs... she agreed and ask that I not install the door because she didn't want to pay for another one should her toddler break it for a third time...

Most of the rentals I have are older... and there is a lot to be said for older properties with hinged closet doors that are solid core... many of the products today just don't hold-up as well and then many products that work just fine are replaced because they are dated...

I've done well keeping the old Wedgewood Stoves and built-in china hutches in my 1920's rentals... many actually prefer the retro look.

Nothing wrong with putting concerns in writing... a written note with a positive tone can do wonders.

A letter from an Attorney often will polarize the issue... sometimes that is what it takes...
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Old 04-04-2010, 03:33 AM
 
1,465 posts, read 5,145,886 times
Reputation: 861
I think you have described what might be a flaw with prepaid legal plans. But leaving that aside, I would be very surprised if your legal representative suggested pursuing this. As a landlord, if I received such a letter, I would simply not renew the lease.
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