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Escrow Repairs, Maintenance

Discussion in 'Other Residential Landlord & Tenant Issues' started by unswornlemon, Jul 1, 2018.

  1. unswornlemon

    unswornlemon Law Topic Starter New Member

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    I have recently been putting my rent into escrow due to lack of repairs on some major issues in my apartment. I have had the city building inspector in to look at these issues and he presented the rental company with a list of things that needed to be taken care of. That was in the beginning of May. On June 19th of this year, two of the things were "patched" and I had my A/C replaced. On June 22nd of this year, I received a letter from an attorney, dated 6/18/18, that repairs had been taken care of in my apartment and that I would be receiving a notice of when to appear in court for the release of escrow. The letter was dated ONE day before ANY repair ever took place!! Not all of the repairs, per the city, have been taken care of to date and I have pictures showing that! I have gone to my rental companies Facebook page, to their review section and had left a 1 star review. I was not the only one that did this. There were a few other residents that did this as well. My comment was met with hatred and threats from a fake FB account and since then, all negative comments that were left by me were removed. Yesterday, I receive another letter from their attorney asking for dismissal of the case seeing that all repairs had been taken care of. This is not true! There are several other repairs that need to take place! Not only did the letter ask for dismissal of the case, but I was also "advised" that if I were to continue leaving false statements on the internet regarding the rental company, I was asking for more legal action because these statements are not protected speech! I was also told in this letter that if I agreed to dismiss the case and release the escrow to the rental company, that they would let me out of my lease immediately! I am not sure about this but I believe that I am politely being evicted? My lease isn't up until 4/2019 and I have until then to move and trust me, I don't want to be here any longer than they want me here, but I am trying to save up the $$ to move and that isn't going to happen overnight! Do I need to get a lawyer involved in this? Do I need to just sign the dismissal and go about my business? What about my comments not being protected speech? I was under the impression that if it was a public forum, you could pretty much say anything as long as it wasn't threatening? Suggestions?
     
  2. mightymoose

    mightymoose Moderator

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    You can leave the comments so long as you aren't being threatening or libelous.
    They can also remove them.
    The issue over the reviews is silly. Ignore all of that and resist the urge to engage in further argument about it.

    If you agree to their terms you are letting them off of hook. You are right, they are trying to give you an easy way out that also gets them if the hook. Feel free to reply with your own conditions for ending the lease early, perhaps using a portion of the rent in escrow to fund your move by a date you specify.
    Otherwise, stay on your current path, make sure you appear for any hearings and respond to any action the landlord takes. Present your evidence at the appropriate time that all repairs have not been made and a court will decide the next step.
     
    unswornlemon likes this.
  3. army judge

    army judge Super Moderator

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    ( I was also told in this letter that if I agreed to dismiss the case and release the escrow to the rental company, that they would let me out of my lease immediately! I am not sure about this but I believe that I am politely being evicted? My lease isn't up until 4/2019 and I have until then to move and trust me, I don't want to be here any longer than they want me here, but I am trying to save up the $$ to move and that isn't going to happen overnight! Do I need to get a lawyer involved in this?)


    Withholding rent is a very perilous path to pursue, especially when you admit to using it as a ploy to SAVE funds to relocate.

    This won't end well for you.

    You can't complain PUBLICLY about a ramshackle, dilapidated hut while persisting in living there to save money to move in April.

    I doubt that if you won't agree to move and let this go, because you need to save to move, that you can afford to hire a lawyer, even if you could afford one; your legal footing is shaky at best.

    If you want to get out unscathed, make a deal and leave ASAP without penalty.

    If you persist with this fallacious allegations, you'll regret it.

    The landlord's lawyer is on to you, pal.
     
  4. unswornlemon

    unswornlemon Law Topic Starter New Member

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    I never stated that I was using it as a ploy to save funds. I am still paying rent. It is just going into escrow! I stated that I am trying to save up money to move, which is difficult to do these days, with anyone. The "allegations" that are are being said are NOT fallacious, but fact. Why can't I post my review? They ASK for you to leave your review and comments about the property and when I did, as well as other residents, they were removed! The ONLY ones that are on this page are positive ones, nothing negative at all remains, which, as stated in the reply prior to yours, that is their right, but it is also my right to speak out! I thought that this America and I was protected by the 1st Amendment? Guess not....
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Not on private property. If you come to my house and I don't like what you say, I put you out. If you come to my facebook page and I don't like what you say I delete your comments. My house and my facebook page are my private property where I make the rules as to who says what.

    Ditto the landlord's facebook page. It's his to make the rules as to who says what. Now if you wanted to post on Yelp or Ripoff Report or some such site, that would be up to you.
     
  6. unswornlemon

    unswornlemon Law Topic Starter New Member

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    I get what you are saying and I understand that, but my problem is being told that posting something on FB is not protected speech! I don't care if they deleted it.I expected them to! I just thought that if it was in a public forum atmosphere, you had the right to speak your mind, just as they have the right to delete the comment. My question is: Is posting a negative comment on a PUBLIC page, where they ASK for your rating and opinion, is that illegal?? Like I said, I don't care that they deleted it, I just thought that you were allowed to say what you wanted, as long as it is truthful and not threatening, in a public forum...
     
  7. mightymoose

    mightymoose Moderator

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    This has nothing to do with the 1st Amendment.
    Forget about the reviews. It's a non-issue.
     
  8. mightymoose

    mightymoose Moderator

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    Posting something in FB is not protected speech.
    Never has been. You misunderstand the concept.
     

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