Last October the gas man condemned the heating system in the "Government
Income Based" apartment we were living in. The Maintenance man said
they were renovating in January and changing everything to total
electric. From his 15 years of being with that company he knew they
would not put a new gas system in there, it would be a waste of money
and the contractors, to change things over to electric weren't coming in
till after January. His advice was to invest in electric heaters and
electric blankets. We were already paying max rent and with 3 kids we
weren't going to go several months without heat. We paid October's
rent. Moved the family out the beginning of November, had the key
turned in by the second week in November. I did not ask for my deposit
back because it was too cold in there to do a good clean job. But I
have since gotten a bill for over $500.00. They want the full
November's rent, a cleaning fee, plus to keep the deposit. And it was
at least 6 months after we moved before they ever fixed the heating
system! We did not spend one night there in the month of November. I
should not owe that bill, should I?

"Kit Dalooka" <kit@kornfreak.com> wrote in message
news:be019j$cgpn$1@news3.infoave.net...
.. . . The number of days you slept in the apartment doesn't matter. It's legal to rent
an apartment and not sleep there.
Are you sure? I don't have my lease handy, but I seem to remember that with an income based apartment you actually have to occupy that apartment for a majority of the month. You're not allowed to just "rent" it. I remember reading something like that.

I know nothing about the rules pertaining to income based rentals. So this
is just my speculation. Here's what I think. If the lease requires you to
occupy for a majority of the month, and you don't do so, you have breached
that term and are not entitled to the rate or you might be subject to
eviction. But that doesn't mean that leaving the place unoccupied
constitutes notice of termination. And it certainly doesn't mean you don't
owe the rent for the days or months you didn't sleep there.

McGyver

Is there any way of finding the name and address of the owner of the
apartment complex and writing a letter and explaing the situation and
why I don't think I owe that money to him, without going through the
apartment manager? I doubt they are going to take me to court, but I
would like to get this debt settled. It's not really a lot of money and
I'll pay it if I HAVE to but not until I have it in writing that they
agree to take it off my credit. Thank you for your input and responding
to my questions.

Kit

McGyver wrote: "Kit Dalooka" <kit@kornfreak.com> wrote in message news:be019j$cgpn$1@news3.infoave.net... . . .The number of days you slept in the apartment doesn't matter. It's legal to rent an apartment and not sleep there.Are you sure? I don't have my lease handy, but I seem to remember thatwith an income based apartment you actually have to occupy thatapartment for a majority of the month. You're not allowed to just"rent" it. I remember reading something like that. I know nothing about the rules pertaining to income based rentals. So this is just my speculation. Here's what I think. If the lease requires you to occupy for a majority of the month, and you don't do so, you have breached that term and are not entitled to the rate or you might be subject to eviction. But that doesn't mean that leaving the place unoccupied constitutes notice of termination. And it certainly doesn't mean you don't owe the rent for the days or months you didn't sleep there. McGyver

"Kit Dalooka" <kit@kornfreak.com> wrote in message
news:be1sql$di62$1@news3.infoave.net... Is there any way of finding the name and address of the owner of the apartment complex and writing a letter and explaing the situation and why I don't think I owe that money to him, without going through the apartment manager? I doubt they are going to take me to court, but I would like to get this debt settled. It's not really a lot of money and I'll pay it if I HAVE to but not until I have it in writing that they agree to take it off my credit. Thank you for your input and responding to my questions.

I don't know if you can find out the owners name and phone number. If the
owner wants to let the agent handle things, the owner has that right.

You don't owe most of this debt, based on your stated facts. But that will
be true whether you convince the landlord or convince the judge. When I
advised:
"I suggest you not communicate with the former landlord at all. Just wait
for them to sue you, and then you defend. The reason for this strategy is
that they might not sue. Maybe their invoice is the end of it",

another way I could have said it was "Don't wake them up." If you call
either the manager or landlord and try to get them to drop it, they will get
the message that you can pay. I wouldn't give them that message. If they
think you have zero money or may declare bankruptcy or may move to Florida,
why not let them keep on thinking that? I wouldn't wake them up to the fact
that you "will pay it if you have to". If they decide they have no chance
of collecting, the won't try.

McGyver

Kit Dalooka <kit@kornfreak.com> wrote in message news:<bdv84a$c2r4$1@news3.infoave.net>... Last October the gas man condemned the heating system in the "Government Income Based" apartment we were living in. The Maintenance man said they were renovating in January and changing everything to total electric. From his 15 years of being with that company he knew they would not put a new gas system in there, it would be a waste of money and the contractors, to change things over to electric weren't coming in till after January. His advice was to invest in electric heaters and electric blankets. We were already paying max rent and with 3 kids we weren't going to go several months without heat. We paid October's rent. Moved the family out the beginning of November, had the key turned in by the second week in November. I did not ask for my deposit back because it was too cold in there to do a good clean job. But I have since gotten a bill for over $500.00. They want the full November's rent, a cleaning fee, plus to keep the deposit. And it was at least 6 months after we moved before they ever fixed the heating system! We did not spend one night there in the month of November. I should not owe that bill, should I?

You didn't mention the state. In some states (California in
particular), a dwelling with no working heating system is substandard
or uninhabitable by definition, and a landlord is not entitled to
collect rent for such a dwelling.

--
Not a lawyer,

Chris Green

If they think you have zero money or may declare bankruptcy or may move to
Florida, why not let them keep on thinking that? I wouldn't wake them up to
the fact that you "will pay it if you have to". If they decide they have no
chance of collecting, the won't try.

They knew I had just filed bankruptcy when I moved in there. Seeing as
I just got rid of a bunch of bills collectors, I'd like to NOT start
adding them up again. <g> I'm trying to do things right this time.

McGyver wrote: "Kit Dalooka" <kit@kornfreak.com> wrote in message news:be1sql$di62$1@news3.infoave.net...Is there any way of finding the name and address of the owner of theapartment complex and writing a letter and explaing the situation andwhy I don't think I owe that money to him, without going through theapartment manager? I doubt they are going to take me to court, but Iwould like to get this debt settled. It's not really a lot of money andI'll pay it if I HAVE to but not until I have it in writing that theyagree to take it off my credit. Thank you for your input and respondingto my questions. I don't know if you can find out the owners name and phone number. If the owner wants to let the agent handle things, the owner has that right. You don't owe most of this debt, based on your stated facts. But that will be true whether you convince the landlord or convince the judge. When I advised: "I suggest you not communicate with the former landlord at all. Just wait for them to sue you, and then you defend. The reason for this strategy is that they might not sue. Maybe their invoice is the end of it", another way I could have said it was "Don't wake them up." If you call either the manager or landlord and try to get them to drop it, they will get the message that you can pay. I wouldn't give them that message. If they think you have zero money or may declare bankruptcy or may move to Florida, why not let them keep on thinking that? I wouldn't wake them up to the fact that you "will pay it if you have to". If they decide they have no chance of collecting, the won't try. McGyver