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Legal issue? Strange situation...
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AuthorPost
OH landlord
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Joined: Wed Sep 12th, 2007
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Posts: 506
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 Posted: Thu May 15th, 2008 11:34 am
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You would only consult an attorney if you intend to sue the complex.  Sounds like maintenance got the wrong apartment number and management thought they were one floor down when they called in.  Maintenance screwed up big!  The complex is willing to refund your rent for the month $1030 plus your deposit (I assume another $1030?).  You'd have owed that rent to them otherwise.  And you will not be charged for any damages to the unit at all.  (And there is always some damages, if only small things.)  From the list of things you have, it seems the estimated depreciated value of those used things doesn't exceed what they are willing to refund to you.  You could only get the used value of those items in court unless you have the receipt to show that they were brand new.  So I doubt you could get more than what they will refund to you.  You could negotiate with them if you feel they are worth more, but I really don't think you could get too much more.  A used HP laptop is selling for $350 on ebay now, a camcorder for less than $200, comforter for under $50 new, sets of digital phones for about $50, and the pot lists for about $30.  That's only $680 (plus shipping of course.)  Unless you have a huge list of other expensive items, I'd take them up on their offer and get a check for both the rent and deposit in hand now.

More importantly, is your information safe?  Have you asked them what happened to your belongings?  Did the maintenance guys take them?  Toss them away?  Give them to a charity?  Where is that laptop now?  Either try to get it back or have the complex pay for a year of credit monitoring for you with the 3 credit reporting agencies so you can be sure that no one steals your identity.  Put a possible identity theft block on your credit through these same agencies (Transunion, Equifax, and Experion) to protect yourself.  Good luck.

caquiroga
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Joined: Mon May 12th, 2008
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Posts: 1
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 Posted: Tue May 13th, 2008 02:11 am
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Let's start off by saying that this is a very weird issue.  I recently purchased a house and was ending my lease on an apartment.  My last month was May and the rent at that time was $1030 for the entire month of May.  I had started moving out on Friday 5/9 and ended that evening at 12:30AM while leaving some items in the apartment to pickup the next day.  I had some people helping me with the moving process as well so I was not the only one there.  I returned to the apartment to pickup my remaining items on Saturday at 2:30PM and I got to the door and the deadbolt had been popped out.  Literally!  The apartment had been cleaned and none of my belongings were there any longer.  At this point I was confused and furious.  I went to the apartment manager and they were shocked that it had happened.  They remember the cleaning crew contacting them asking them if it was okay to clean since there was still stuff there and the management said it was okay.  Here's the deal, apartment management thought they were in an apartment below me and not in mine.  HUGE mistake.  My issue is that I'm at a loss and have no clue what to do.  Here is a short list of what was taken: laptop, camcorder, down comforter, Calphalon One 4.5 Quart Pot, digital phones, etc...the list goes on.  The apartment realizes that they are at fault and are willing to refund my May's rent and return my security deposit.  I'm concerned that personal data was/is on that laptop.  My question is do I need to consult an attorney or continue to work this out with the apartment complex?  I have filed a police report to keep things official.

Any advice is appreciated...


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