Consumer Law, Warranties Contract - need help getting $ back

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mustang54

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Mom is in assisted living. Moved in March 09. She signed contract March 09. We paid community fee $5,000. However the place is not living up to what they told us they would do for her. Her key to her apartment opens other apartments, and her neighbor's key open hers. So there is no real security. Place is filthy. Food is disgusting. Care managers walk in at 5AM to "take out the garbage". We have asked them not to do this as mom is quite capable of putting the garbage outside her apartment door to be picked up. Sometimes they listen but they hire people that are not the brightest. Management does not want to do anything despite our repeated meetings and requests. Mom wants to move she is very unhappy. Do we have any grounds to get the community fee back. Also, sister has power of attorney, and yet at the meeting we were all there -sister had Mom sign everything which I thought was strange since sister said she has control. I saw the POA so it does exist.
Where do I go from here? I asked them if I can get my fee back and they never answer. I would happy with half of it. Your help is appreciated.
 
What would I do? Next time I was there, I'd have a camera in my bag and then take pictures. I'd then write a letter and send certified mail, return receipt, listing all the items that consist of a breach of contract and safety issues - the key matter is huge IMHO. I'd demand the return of my money immediately and plan to move her asap. If you don't move her and go to court, the court will likely find that the problem wasn't urgent enough to get your money back.

Here's my problem, though, with your case. Be prepared to explain how you allowed your mother to live in this dirt hole to begin if you likely inspected the premises (or should have) BEFORE you placed here there. If I were a judge/arbitrator, I'd certainly like to know. You must have known something.
 
Well the 2 people that ran the place left 1 month after she moved in. After that point the place has gone done hill. We have had meetings and nothing changes. They changed her lock, and they apologized for the care manager coming in. From what I gather, all assisted living places must have access to your room at all times, and the many places we visited prior to this one were alot worse. We went to one this past Sunday, it was $1,000 more a month, and the place was run down, stains on the ceiling from water leaks, rugs were worn, furniture ripped - we ran out. Still looking but none of these places are palaces, since over 100 people live there at one time.
 
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