Author Topic: How to Handle Getting Ripped Off  (Read 12266 times)

stlcardinals08

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How to Handle Getting Ripped Off
« on: July 04, 2016, 08:47:23 PM »
I have been reading this website for a couple years now and while I am not totally Mustachian, I definitely make a lot Mustachian choices. Even before reading this website, I had a Mustachian-like attitude and made Mustachian-like choices.

Here is my problem now. I am getting completely ripped off for a large sum of money and, making matters worse, I can't get it out of head. To summarize, I moved into a new apartment and it has been horrible. I am directly under the building's rooftop patio and they put no noise prevention into the unit, so it is like someone is the next room any time anyone goes up there, which they do at all hours of the day and night.

After nearly 3 months of asking management to fix the problem, with no action taken on their part, I decided to leave. Unfortunately that meant paying two months of rent to break the lease. I spoke with four different lawyers about my situation, and they all said that they agreed that I should not have to pay to leave, but that the courts are always stacked in the landlord's favor. They advised me to pay the fee and put this behind me.

I keep thinking of how many times I made a choice that saved 5 cents here or there and how those choices pale in comparison to my stupid decision to move into this place. I keep beating myself up, even though I know that it is the fault of an unscrupulous/incompetent landlord and not my own. I feel like I need to read a self-help book or something, because this is almost making me physically ill. Any advice would be appreciated.

EnjoyIt

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Re: How to Handle Getting Ripped Off
« Reply #1 on: July 04, 2016, 11:32:05 PM »
If your only mistake in life is the cost of 2 months rent you should be thrilled.

Either way it is in the past and dwelling on things you have no control over are a waste of your time and energy.

former player

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Re: How to Handle Getting Ripped Off
« Reply #2 on: July 05, 2016, 12:31:02 AM »
Leave honest reviews online about that particular flat and about the landlord's response.  If you do it right, you will save others from the same mistake while not putting yourself at risk of a libel action.

Boxcat

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Re: How to Handle Getting Ripped Off
« Reply #3 on: July 05, 2016, 04:45:20 AM »
Back in 2012 I had an apt lease for twelve months, after the twelve months were up they charged me an additional two months rent because they auto-renewed the lease. I refused to pay and the real world consequences were: credit score went from 750 to 650, still get calls everyday from debt collectors, and a general aversion towards humans.

The original "debt" was $900, after being sold twenty times between debt collection agencies for pennies on the dollar they're wanting $10,000, I'm hoping it'll hit $30k before the 6 year mark is up.

Take from this what you will.
« Last Edit: July 05, 2016, 04:47:20 AM by Boxcat »

aceyou

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Re: How to Handle Getting Ripped Off
« Reply #4 on: July 05, 2016, 05:57:10 AM »
Read this thread:  http://forum.mrmoneymustache.com/welcome-to-the-forum/tell-me-about-a-time-you-lost-a-significant-sum-of-money-on-something-dumb/

I'm sorry that happened, but you're going to be alright.  Don't let it get to you too much.  The best part about having and being savvy with money is having the F you money to live life on your own terms.  That's what you did.  You got into a crappy situation.  A poor broke person would have had no choice but to keep living there.  You said F it, I'll burn two months rent to live the way I want and deserve to live.  It sucks, but it's a sign of your strength.  Keep it up and next time you won't make that mistake again! 

Jack

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Re: How to Handle Getting Ripped Off
« Reply #5 on: July 05, 2016, 06:00:51 AM »
Small claims court?

Dee18

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Re: How to Handle Getting Ripped Off
« Reply #6 on: July 05, 2016, 06:04:59 AM »
Perhaps consider it an expensive lesson instead of getting ripped off.  You now know more about choosing a home.  I once moved into a small apartment building right at a busy intersection.  I hate traffic noise but let myself be convinced that it wouldn't be that noisy because it was the farthest apartment from the intersection.  The first two nights I had nightmares I was in a brass bed in the middle of traffic.  I moved out.  I offered the landlord one month's rent for the two nights in exchange for his agreeing to let me out of the lease if he re-rented it within that month.  It was a great location so it was rented that week. 

That was many years ago...long forgotten until I read your post.  At the time it seemed huge as I was just starting my first full time job and had no savings. (I had to move in with friends, sleeping on their screened in back porch...but it turned out to be pleasant for the month)   A friend of mine always says, " there are two kinds of problems: the kind you can throw money at and make them go away, and the kind you can't cure with money.  The first kind aren't really problems."  It took me a while to agree with her, but after becoming a parent I decided she was right.

Spitfire

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Re: How to Handle Getting Ripped Off
« Reply #7 on: July 05, 2016, 08:11:31 AM »
Be happy it was a rental and not a purchase, and move on :)

patchyfacialhair

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Re: How to Handle Getting Ripped Off
« Reply #8 on: July 05, 2016, 08:21:24 AM »
I've said this multiple times on this forum: if you can afford it and you're able-bodied, and if you must/prefer to live in multi-family housing, be sure to pick a unit on the top floor, with nothing above you!

Movers are cheap, groceries aren't that heavy, and stairs are good for you. Unless there's a local economy thing where top floor units go for 2x normal rent, you should almost always make that part of your apartment search.

I know too many people who came from living in a house, then had to rent an apartment due to circumstances, then complained endlessly about the experience. You can't control what the people above you do, so don't let it become an option. The last thing you want is for Mr. Elephant feet to stomp around at random hours or for Mr. Clog-a-toilet to do his thing and flood out your place with nastiness.

czr

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Re: How to Handle Getting Ripped Off
« Reply #9 on: July 05, 2016, 09:35:48 AM »
Sounds like you did the right thing and it was an uncontrollable circumstance. Just consider it a learning experience and something to look out for in the future (along with everything else). When I was younger, I like to take trusted close family/friends with me to check things out or just ask their opinions when I make bigger decisions. That seemed to help in future decision making.

I wouldn't beat myself too much about it; I'm sure that place has a lot of turnover and will claim its' next victim soon enough. It's just too bad there is now way to warn that unfortunate soul.

RobFIRE

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Re: How to Handle Getting Ripped Off
« Reply #10 on: July 05, 2016, 01:08:19 PM »
Well of course any unnecessary expense feels like a loss, and if you're not getting the service/product you paid for, of course you'll feel aggrieved. Though in the grand scheme of things two month's extra rent is not a disaster.

In this case I would pay the two months' rent to get out, when moving out be ultra-compliant to avoid any issues getting full deposit returned (make sure apartment is left very clean, furniture and items in place as per inventory, photos taken to prove it, any wear & tear not in inventory photographed, documented, and sent by recorded/registered mail to landlord, all keys etc. returned on time, you keep a log of all contact with landlord, receipts for cleaning items purchased etc.). I would ensure that I state in writing that the 2 months' rent is paid to break the contract, but with an unresolved complaint outstanding.

After getting settled in new place, I would then consider trying to reclaim some of the lost rent from the previous place. Not by asking for all of it back. But, for example, landlord may have found new tenant within 2 months so I would ask for say half of the rent back. By written letter, registered mail, stating that you are seeking a partial reimbursement of 2 months rent paid, you would accept that as final settlement, if refused you will submit a claim in local court (at least in the UK this is a good example of what the Small Claims Court is for. You submit online for a nominal fee, a mediator tries to reach a settlement between both parties, if no agreement, case goes to a local court, a magistrate decides. Worst case is that magistrate refuses your claim and you only lose the nominal fee. In UK, a tenant has a standard right to "quiet enjoyment" of the property, if you can prove apartment was not listed as young/lively/noisy area in original listing, so normal quiet enjoyment would be expected and was not provided, issue was reported repeatedly and not dealt with, you should have a good chance of the claim being upheld if your claim was for a reasonable amount, like half/most of the lost rent plus direct costs but not say all the rent you ever paid for the property. This is the UK situation anyway, I don't know what the tenancy law is like where you are). If the process to submit a claim to a local court is too complicated/requires hiring a lawyer etc., I would just write off the lost rent to experience, as I would not think it worthwhile to spend a lot of my time (plus the stress/inconvenience etc.) working on a claim.

DirtDiva

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Re: How to Handle Getting Ripped Off
« Reply #11 on: July 05, 2016, 05:05:10 PM »
Carl Sagan, "You Are Here" (Pale Blue Dot)

https://www.youtube.com/watch?v=4PN5JJDh78I

FIRE me

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Re: How to Handle Getting Ripped Off
« Reply #12 on: July 05, 2016, 05:54:08 PM »

Too long; didn't read:
If they made it clear that you were moving into a noisy unit, you are stuck. If not, you may have gotten away with just moving out and seeing them in court with no representation.

I agree with you, being cheated out of money, really really sticks in my gut. But the others here are right too. If this is the worst that happens to you, you are doing great. Just learn, and move on.

Long story that has certain similarities to your situation:

I broke a lease one time. It was a large apartment complex. The upstairs unit from me had a defect where when they walked across their kitchen floor, the HVAC ducts grated like tearing metal. I would not have cared much if I only heard it when I was awake. It was loud enough to wake me from a sound sleep in my bedroom.

I complained, not about my neighbors, but about the defect.

Ridiculously, the management there suggested that I ask the upstairs neighbors to not to walk in their kitchen past a certain hour. I told them what I thought of that suggestion. I didn't curse, but it wasn't complimentary.

So the maintenance people pretended to work on it. No change, so I complained again. One of the maintenance guys I talked to let it slip out that to fix it, they would have to tear out the floor and they were not going to do that.

After that, I moved out and informed management after the fact.

They threated to take me to court, and I told them I would be happy to see them there. Where they could explain to His Honor why I should pay for an uninhabitable apartment, one where I can't sleep (my neighbors were night owls) and that they had no intention of repairing. I told them what the maintenance guy had told me, that they would never fix it.

I never heard from them again, and they did not put anything negative on my credit. They did keep my security deposit.

tonysemail

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Re: How to Handle Getting Ripped Off
« Reply #13 on: July 05, 2016, 06:11:16 PM »
the courts are always stacked in the landlord's favor.

FWIW - this is not true in all areas.
Where I live, it's heavily stacked in the tenant's favor.
The landlord would have to prove that they made efforts to find a new tenant and were unable to fill the vacancy.

randymarsh

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Re: How to Handle Getting Ripped Off
« Reply #14 on: July 05, 2016, 06:33:43 PM »
The original "debt" was $900, after being sold twenty times between debt collection agencies for pennies on the dollar they're wanting $10,000, I'm hoping it'll hit $30k before the 6 year mark is up.

That is kind of hilarious.

I have a bullshit medical debt for ~$600 that keeps popping up. It was actually in collections for a bit; I filed a dispute and it was removed. It's amazing how persistent the callers were when it first came up. I told them over and over again that I was simply not going to pay it and didn't care about my credit score (sort of true). I think I might have even said "Let me be as clear as I can be. I will pay this when a judge orders me to. Until then, you will receive nothing.". They still presented payment plans and said we could "work something out". Hard learners I guess.

MoneyCat

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Re: How to Handle Getting Ripped Off
« Reply #15 on: July 05, 2016, 06:42:41 PM »
Part of the reason that I've been learning to do a lot more myself is that I also keep getting ripped off by repair people. They are absolutely shameless liars. I constantly have to research things to tell when they are trying to cheat me because they are all so dishonest. It's just easier to do the research and learn to fix it myself. Save me a lot of time and effort.


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Blueskies123

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Re: How to Handle Getting Ripped Off
« Reply #16 on: July 05, 2016, 06:52:42 PM »
Maybe I am wrong but it sounds like you might be young.  You will make much bigger mistakes in your lifetime.  No one is dead, no one is crippled,  you did not loose your life's savings.  You just have to learn from all your mistakes in life, learn more from the bigger ones.
I know people that got into affairs, drugs, DUI's, hurt and or killed people in accidents, way too much alcohol or pot.  Dropping out school, insubordination at work, the list goes on and on these will cost 10's or 100's times more than $900. 

Think about what you should have done right and remember it for the rest of your life but do not dwell on it.  The best revenge is a live well lived.

Adram

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Re: How to Handle Getting Ripped Off
« Reply #17 on: July 06, 2016, 07:45:41 AM »
You could have tried nailing the door to the roof terrace shut, first thing I would have done :)

GuitarStv

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Re: How to Handle Getting Ripped Off
« Reply #18 on: July 06, 2016, 07:54:37 AM »
You could have tried nailing the door to the roof terrace shut, first thing I would have done :)

If that fails, just use the terrace as your potty for a couple weeks.  Nobody wants to chill out on a rooftop next to a fresh pile of poop.

calimom

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Re: How to Handle Getting Ripped Off
« Reply #19 on: July 06, 2016, 08:34:05 AM »
Does your lease have a clause about no sub-leasing? If it doesn't maybe you could look into a short term rental for a couple of months and let the prospective tenants know about the noise situation. What bothers us sometimes doesn't matter to others.

And if you do end up forking over a a few months' rent, there are worse things in life as others mentioned.

stlcardinals08

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Re: How to Handle Getting Ripped Off
« Reply #20 on: July 06, 2016, 05:35:48 PM »
Does your lease have a clause about no sub-leasing? If it doesn't maybe you could look into a short term rental for a couple of months and let the prospective tenants know about the noise situation. What bothers us sometimes doesn't matter to others.

And if you do end up forking over a a few months' rent, there are worse things in life as others mentioned.

I tried to find a sublease, but I made a mistake that only a frugal person would make; I signed a two-year lease because I didn't want my rent to go up after year one and I was certain, at the time, that I would want to stay for at least two years. I could not find anyone willing to take on that long of a commitment.

I forked over the rent, and yes, there are worse things. Actually, thinking about how enjoyable a quiet night will be has made me very happy.

stlcardinals08

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Re: How to Handle Getting Ripped Off
« Reply #21 on: July 06, 2016, 05:37:41 PM »
Read this thread:  http://forum.mrmoneymustache.com/welcome-to-the-forum/tell-me-about-a-time-you-lost-a-significant-sum-of-money-on-something-dumb/

I'm sorry that happened, but you're going to be alright.  Don't let it get to you too much.  The best part about having and being savvy with money is having the F you money to live life on your own terms.  That's what you did.  You got into a crappy situation.  A poor broke person would have had no choice but to keep living there.  You said F it, I'll burn two months rent to live the way I want and deserve to live.  It sucks, but it's a sign of your strength.  Keep it up and next time you won't make that mistake again!

Thanks for sharing that other thread. It helps to hear others' stories of money lost, especially those as frugal as those on this forum, to know that I'm not the only who has scrimped and saved only to have the money fly away.

stlcardinals08

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Re: How to Handle Getting Ripped Off
« Reply #22 on: July 06, 2016, 05:39:17 PM »
Be happy it was a rental and not a purchase, and move on :)

That's an absolutely great way to look at it. Thank goodness I didn't purchase this place.

stlcardinals08

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Re: How to Handle Getting Ripped Off
« Reply #23 on: July 06, 2016, 05:50:27 PM »

Too long; didn't read:
If they made it clear that you were moving into a noisy unit, you are stuck. If not, you may have gotten away with just moving out and seeing them in court with no representation.

I agree with you, being cheated out of money, really really sticks in my gut. But the others here are right too. If this is the worst that happens to you, you are doing great. Just learn, and move on.

Long story that has certain similarities to your situation:

I broke a lease one time. It was a large apartment complex. The upstairs unit from me had a defect where when they walked across their kitchen floor, the HVAC ducts grated like tearing metal. I would not have cared much if I only heard it when I was awake. It was loud enough to wake me from a sound sleep in my bedroom.

I complained, not about my neighbors, but about the defect.

Ridiculously, the management there suggested that I ask the upstairs neighbors to not to walk in their kitchen past a certain hour. I told them what I thought of that suggestion. I didn't curse, but it wasn't complimentary.

So the maintenance people pretended to work on it. No change, so I complained again. One of the maintenance guys I talked to let it slip out that to fix it, they would have to tear out the floor and they were not going to do that.

After that, I moved out and informed management after the fact.

They threated to take me to court, and I told them I would be happy to see them there. Where they could explain to His Honor why I should pay for an uninhabitable apartment, one where I can't sleep (my neighbors were night owls) and that they had no intention of repairing. I told them what the maintenance guy had told me, that they would never fix it.

I never heard from them again, and they did not put anything negative on my credit. They did keep my security deposit.

Yes, this is very similar. I wanted to take your route, but feared my management company would do what they could to make my life miserable. After consulting with numerous lawyers and another landlord in the general area, I decided I had to "swallow the pill."

~Ari~

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Re: How to Handle Getting Ripped Off
« Reply #24 on: July 08, 2016, 03:29:24 PM »
Back in 2012 I had an apt lease for twelve months, after the twelve months were up they charged me an additional two months rent because they auto-renewed the lease. I refused to pay and the real world consequences were: credit score went from 750 to 650, still get calls everyday from debt collectors, and a general aversion towards humans.

The original "debt" was $900, after being sold twenty times between debt collection agencies for pennies on the dollar they're wanting $10,000, I'm hoping it'll hit $30k before the 6 year mark is up.

Take from this what you will.

This is almost exactly what happen to my husband and I a few years ago as well! We were renting our first apt together. It had a 1 year lease - but they allowed you to get out of it as long as you gave a 60 days notice. We were renting it in our final year of college, so we had planned on moving out at the end of May, and our 1 year lease would be up in August. So, I gave management our 60 days notice in Feb. Come May, they told us that they must have lost our written notice in the mail and cyber space! They wouldn't let us end our lease early because of this reason and we had to pay an extra 3 months rent and utilities and they wouldn't give us our down payment of $1000 back. So in total we were out close to $4000!! It made us so angry. Looking back I wish I would have read the reviews of this place, because 98% of the post had the same issues with them. But, we were glad to see / hear that we weren't the only ones having this problem with them. The company has been sued several times for this I guess, but doesn't seem to stop them!

MidWestLove

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Re: How to Handle Getting Ripped Off
« Reply #25 on: July 08, 2016, 04:04:07 PM »
"So, I gave management our 60 days notice in Feb. Come May, they told us that they must have lost our written notice in the mail and cyber space"

sorry to hear your story. isn't anything in cyberspace de facto permanent? your email history goes back forever and is impossible for them to lose...

bacchi

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Re: How to Handle Getting Ripped Off
« Reply #26 on: July 08, 2016, 04:10:25 PM »
The original "debt" was $900, after being sold twenty times between debt collection agencies for pennies on the dollar they're wanting $10,000, I'm hoping it'll hit $30k before the 6 year mark is up.

This isn't legal advice but that penalty wouldn't hold up in court, which is why they aren't suing.