     Fox Walker (Legalfox) | Sunday, April 22, 2001 - 06:10 pm 
We are a Navy Family, decent credit, we leased from Ramblewood Apts. Norfolk Va. We got Transfered 1 month prior to our lease expiring, and we were charged a break lease fee, even though we had a Navy clause. Furthermore... 5 days before our move We were given a notice to pay a $200.00 non refundable pet deposite for a family member from out of town who had a cat he stayed 12 days three months prior to our move! We cleaned the Apt. Had our walk through and paid the deposit. One month after we moved we recieved a thank you note from the Apt. telling us the Apt. was in wonderful condition and they sent our pet deposite back to us. one month after that we recieved a notice from a collection agency (on behalf of the Apt.) for $400.00 Stating collection for unpaid rent.
We have a direct allotment we knew the rent was paid through the Navy so we called the apt. They refused to talk with us and refered us to the collection agency, We forwarded our payment records to the collection agency, they came back with we were being sued for the pet deposite and parking on the lawn the day we moved our furnature!
We were sent a court appearance notice. We called a Lawyer they said we signed the lease saying no pets without deposite end of story. So we postponed the court date hopeing to appear. needless to say we couldnt afford to fly out of state to go to court and I couldnt take leave as I am a instructer for Great Lakes service school command. We paid the bill. but wonder if we can sue? |
| Christine Baker (Admin) | Monday, April 23, 2001 - 06:58 am
I would sue and I would file complaints with anyone who would take it. Somebody has to be regulating housing in VA.
The judgment will seriously lower your credit scores, do anything you can to have it vacated.
This is unbelievable! |
| Fox Walker (Legalfox) | Wednesday, May 02, 2001 - 07:01 am
After doing some research, we find we have a great case, as they violated several state codes, and breached their own contract. I didnt go into detail above but that was just the short version, I will highlight the big points:
1. They didnt give us the apt. signed the lease for.
2. We werent allowed to view the apt prior to moving in. (We still thought we were getting the one we contracted for)
3. The apt. we got was unfinished no windows, filthy, electrical problems safety hazards etc...
We were so mad at the time we took lots of photos.
4. They did not disclose the reasons and amounts they sent us to collection for, to us or the collection agency.
Our next question is. Do we have to sue them in the state where they are located or can we sue in our state? |
| Christine Baker (Admin) | Wednesday, May 02, 2001 - 09:23 am
While you can sue ANYWHERE, it is likely that they'll request motions for a change of venue. Even if you are successful in keeping the venue in your State, you may have problems collecting.
In my case with ARM Computer, I'm looking at literally hundreds of dollars in expenses and tremendous paper work to file the Arizona judgment in California PLUS they can file a motion to vacate the judgment and even if not successful delay for MONTHS before I can collect.
Maybe there are special rules because you're in the military?
Doesn't the Navy provide legal services for these cases?
Not having a lawyer, I think I would write it all up as a complaint to the VA housing authority, and mail a copy of the complaint along with the filing of the small claims suit in your State.
You can always dismiss that suit or wait for them to have it dismissed and file in another court/State later, all depending on their reaction.
I don't know how VA regulates rentals, but there have to be some kind of rules and I would think that your case violates many. They might just settle with you. |
