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Sorry for the confusion, the claim was approved by my insurance (also I am indeed female). What I'm upset about is the fact that simply providing my insurance information turned a $480 bill into a $1530 one, even with the claim being approved. Choadmaster, am I right in understanding that I have the option to simply call the doctor and cancel the insurance claim? Is this a common thing?
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Feb 7, 2012 23:24
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Fascinator posted:Sorry for the confusion, the claim was approved by my insurance (also I am indeed female). What I'm upset about is the fact that simply providing my insurance information turned a $480 bill into a $1530 one, even with the claim being approved. It may be that your doctor's office uses a special "charitable" program for people with no insurance, as a nice thing to do? Call the doctor's office and find out why they charged your insurance company $2k when they quoted you $480. It could be that they are committing insurance fraud by jacking up the costs of procedures for insured patients.
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Feb 7, 2012 23:31
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Sorry for assuming you were male. Like I said, it's a common thing for doctors and hospitals to do; insurance companies can afford to pay a lot more than Jane Uninsured. Whether or no it's legal I couldn't tell you, but given how common it is (I have a lot of friends who work in healthcare) there's probably some loophole they're exploiting for it. In any case, I'm afraid I don't know what to do when you've already started a claim because I've never done it that way myself. Edit: Listen to this guy. VVV Choadmaster fucked around with this message at 23:57 on Feb 7, 2012 |
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Feb 7, 2012 23:44
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Fascinator posted:Sorry for the confusion, the claim was approved by my insurance (also I am indeed female). What I'm upset about is the fact that simply providing my insurance information turned a $480 bill into a $1530 one, even with the claim being approved. IANAL. Someone, somewhere along the line, has made a mistake. If you were quoted a cash price as someone without insurance, that should be the price that they bill the insurance company (note: there is the possibility for a cash discount, and/or the person quoting the price assuming you'd be eligible for a "poor assistance" program or similar). Who is your insurance company? What was the procedure (You should look on their website to see if there is specific information about how that procedure is covered)? What kind of plan is it? (HMO, PPO, etc, etc) Your insurance policy (you might need to talk to HR) should lay out what it covers, and what your copayment/coinsurance is. Based on what the insurance rep told you, it sounds to me as though they expected to be writing you a check for some of that $480 back. As a person with health issues, I've dealt a lot with insurance companies (and seriously, your HR department should be a huge asset, they tend to have a specific rep that they can call directly to get you help that will know more than the average joe you get when you call). I also work with/consult for insurance companies, physicians, and hospitals on a range of healthcare related issues (but not billing). I am not a lawyer. You may be able to negotiate for the $480 price back, but I wouldn't do that as the first step -- I suspect the total cost to you should be less than that. edit: also, engaging in insurance fraud is not particularly common. Generally speaking, what happens is that the healthcare provider raises rates to a ridiculous level in order to eek out a marginal increase in payment from the insurance company. Particularly if they are in-network (where they have specifically negotiated rates with the insurance company -- the insurance companies know the rates and are very aggressive). If they are out-of-network, they could be engaging in balance billing, but again, the price would have to be the same for everyone unless there was some kind of discount in place and she said specifically that they were in-network. This is why, for example, when my brother went into cardiac arrest and wound up getting a pacemaker, the total claim against the insurance company was ~$2M that showed up on his bill, but the insurance company paid ~$200k, and he was only responsible for $5-10k -- the rest was negotiated away by the insurance company in advance, essentially. edit 2: since I am a person on the internet, some of the information I mentioned you might not actually want to answer in a response post, but you should be looking into those kinds of policies on their website. Zauper fucked around with this message at 00:03 on Feb 8, 2012 |
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Feb 7, 2012 23:54
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IANAL but I do have a lot of medical billing experience/knowledge. The non-insurance price and the insurance price don't have to match. The $480 is a charity program, the hospital/doctor's office list price for that service is still $2000, they just write off the other $1520 as a loss for people without insurance. Also, you would likely have to be approved for that program, and they would have found out you had insurance, so you would not have been approved and probably pissed them off. I'm surprised you paid that much money up front, why not just have the procedure done and let the insurance and the hospital/office duke it out over allowables and contractual adjustments?
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Feb 8, 2012 00:12
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Hahah, yeah I don't know why you thought the health care industry couldn't engage in price discrimination. It gets crazier than that: they have different prices between private insurers , as well as medicare/Medicaid and the uninsured. If you have a problem with it write your state representatives to get a law on the books like California's that requires docs and hospitals to disclose their price lists, not that it will actually bring down health care costs.
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Feb 8, 2012 00:29
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Location: Wasilla, AK About three hours ago I was in a car accident and was ticketed $310.00 for ‘Failure to Yield After Stopping or at Yield Sign’. I was leaving my neighborhood and pulled up to the stop sign at the main highway. I looked both directions, no one was coming from the right and there was a car about half a mile up to road to the left. I made a left turn onto the highway and halfway through the turn there was a huge jarring bang. Immediately I pulled over to the right shoulder of the highway and got out of the car to see what the gently caress happened (I thought I had maybe hit a moose). I was surprised to see a car a few yards behind me pulled over with no headlights on. I was walking towards the car to see if everyone was okay and was wondering why the car’s headlights weren’t on. The guy started yelling at me (while he was on the phone with 911) about his 8 months pregnant wife being the driver and that I didn’t have MY headlights on. I turned around and saw that mine were in fact on. I called 911 to report the accident and the operator told me the other guy had called in and declined an ambulance. I then called my fiancé and he immediately drove down to be with me while I waited for the cops. My fiancé arrived a couple minutes later and about fifteen minutes later the cops and ambulance showed up. The cop briefly questioned me and informed me the pregnant driver had changed her mind and decided to go to the hospital. We waited an hour while the other vehicle was towed and the troopers took pictures of the damage. The cop came back to me and handed me the ticket mentioned above. He said the driver of the other car would be ticketed at the hospital for not wearing her seat belt. I’m pissed off about this ticket because this woman was invisible on the highway without headlights on but because I was pulling off a side road I’m somehow responsible. I understand that it's my job to yield to all highway traffic but when said traffic it driving in the dark without lights on that makes it kind of hard. I live over a mile from the highway on heavily wooded back roads. The guy claiming I didn’t have my headlights on is absurd. It’s pitch black in Alaska's wooded areas at night, I wouldn’t have made it two feet down my road without headlights. My fiancé was on the porch letting out the dog as I was leaving. He saw me flip on my headlights as I backed up to leave. When my fiancé arrived at the scene the other car’s lights were still off. They were off when the police arrived as well, but the trooper said he had no way of proving anything regarding headlights and it’s my word against the driver and her husband. I seriously saw nothing as I looked and pulled out. I want to fight this ticket but have no idea if I even can. The trooper said it’s my word against theirs. I know I had my headlights on, I know I pulled out onto what looked like a clear highway and I know that when I got out of my car I was surprised to see another vehicle was involved in the accident. My insurance company said they have my back and I can afford the ticket (and damage to both cars was minimal) but this is ridiculous. I have 30 days to plead not guilty and request a trial. Should I start calling lawyers tomorrow?
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Feb 8, 2012 08:44
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LOLBBQ posted:Location: Wasilla, AK It's a $310 fine. Unless there's some potential for jail time or nasty insurance consequences, do you think contesting that $310 by hiring a lawyer at a lawyer's hourly fee is worth your time?
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Feb 8, 2012 11:22
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Incredulous Red posted:It's a $310 fine. Unless there's some potential for jail time or nasty insurance consequences, do you think contesting that $310 by hiring a lawyer at a lawyer's hourly fee is worth your time? Good point... I just really don't want to accept fault. I also don't want to walk into the courtroom and be told my words aren't good enough.
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Feb 8, 2012 11:45
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I run a small website that hosts game saves for the Mass Effect series of games (masseffectsaves.com and masseffect2saves.com, soon to be masseffect3saves.com as well.) They are the most popular fansites for the ME games, but even so, it's not big money, after paying expenses I might make enough to take a friend out for lunch once every quarter or so. It's mostly a labor of love. The concept of the site is basically that people upload their saves after filling out a form and giving a brief description of what sets the choices in their save apart from other people's saves, since in the Mass Effect series of games there's dozens of choices in each game which tailors the next game to the choices you made in that savegame. I've had these sites since early 2010, the whois data plus multiple articles written about my site in actual respectable gaming websites (Penny Arcade blogged about it, G4TV, rockpapershotgun etc) will prove that. I found out last night that someone else has ripped off all the save game files and descriptions from my site and made their own about a month ago. masseffectsaves.info isn't populated with my data yet but it's only a matter of time, I'm sure. Masseffect2saves.info appears to have ALL their content stolen from me. A little sampling of proof: http://www.masseffect2saves.com/show_saves.php?g=Male&a=Paragon&r=Liara http://www.masseffect2saves.info/male/morrtin-shepard-30-sentinel-spacer-war-hero/ Note that they even left the DATE ADDED field the same, which has a date 22+ months before they even registered their site and 2 months after I registered mine. So, two questions: 1) What kind of verbage should I have on my site to ensure that it's "copyrighted" from here on out? Do I need to claim that the data people upload to my site now belongs to me? I'd rather not, but I'll do what I need to to protect my work. 2) I've filed a DMCA takedown notice to godaddy.com, their registrar, or at least I did my best to interpret what they asked for on this page to my needs. Their whois data has the site registered to someone in some other country and no email address or any real form of contact to ask them nicely to do it first, and there's no contact info on the site. What else do I need to do to get this site erased from the internet, or at least make sure they don't keep using my data? I mean, it's not like they even have a way for people to submit to them, they just copy/paste whatever I do and put it on their site. Thanks all. 
Annakie fucked around with this message at 14:45 on Feb 8, 2012 |
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Feb 8, 2012 14:43
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LOLBBQ posted:Good point... I just really don't want to accept fault. I also don't want to walk into the courtroom and be told my words aren't good enough. I find a useful mental stance to take is that traffic fines aren't about anything other than fundraising. They don't mean it personally, and you shouldn't take it personally. It's just somewhere in some procedural manual that you should always take the opportunity to kick a guy when he's down to the tune of $300 to help subsidize the cost of law enforcement. Speaking of broken systems, IANA... medical billing professional? Yeah, but my understanding is that it has less to do with charity and more that insurance companies only pay a certain percentage of the total bill anyway, so to get something approaching the cost of the procedure + overhead + doctor's labor they need to inflate the prices, sometimes to the point of absurdity. The "cash price" is something closer to the actual cost (since you'll be paying it yourself, in cash, they don't have to, y'know, lie about it), and many places will have charitable prices/forgivable payment plans on top of that. Fascinator, it sounds like you got somebody on their first day, or you said something that threw a wrench in the procedure, and the assistant was not able to handle that slight deviation. But I'm a little confused. The insurance rep said that you'd get the $480 back? But you have a $1050 deductable?
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Feb 8, 2012 14:51
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Ed. Just a general summary: Keep a sense of proportion. This is not a high stakes thing, and you don't need to put much thought into it. This rogue website is going to sap some of your take a friend out to lunch four times money; you only need to be a little irritating and they'll see that it's not worth it to fight you. You don't need to alter your current practices or become proactively anti-piracy or anything. (IANAL)Annakie posted:1) What kind of verbage should I have on my site to ensure that it's "copyrighted" from here on out? Do I need to claim that the data people upload to my site now belongs to me? I'd rather not, but I'll do what I need to to protect my work. IANAL but under the US copyright code a piece of intellectual property is copyrighted when it comes into existence. The website (your coding, your design, your database) is copyrighted. Now, the save files themselves are something of a different beast, but they don't really belong to you anyway--they belong to the people who uploaded them, although they can't really do much with them. Not legal advice, but don't ask users to transfer ownership or copyright to you. They don't understand what that means and you'll just piss people off. Annakie posted:2) I've filed a DMCA takedown notice to godaddy.com, their registrar, or at least I did my best to interpret what they asked for on this page to my needs. See if that works. Otherwise it's good ol' fashioned Google-fu for you. You've become a thorn in their side. There can't be much money in attaching malware to bootleg Mass Effect saves, so I'd be really, really surprised if you have to cause them that much trouble to make them move on to an easier target. betaraywil fucked around with this message at 15:01 on Feb 8, 2012 |
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Feb 8, 2012 14:57
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betaraywil posted:Speaking of broken systems, IANA... medical billing professional? Yeah, but my understanding is that it has less to do with charity and more that insurance companies only pay a certain percentage of the total bill anyway, so to get something approaching the cost of the procedure + overhead + doctor's labor they need to inflate the prices, sometimes to the point of absurdity. The "cash price" is something closer to the actual cost (since you'll be paying it yourself, in cash, they don't have to, y'know, lie about it), and many places will have charitable prices/forgivable payment plans on top of that. This is more on the right track than whoever claimed "price discrimination" above, but still not right. Healthcare services have a cost, which is the internal value of the service, and a list price that is what is billed to the payer (insurance or otherwise). The cost is lower than the list price because the healthcare provider is a business and is trying to make a profit. The insurance companies negotiate contracts with providers where they agree that a certain percentage of specific services, supplies, and/or service groups are covered by the insurer. This can vary greatly between companies and providers, and some insurers will even stipulate that the balance can't be billed to the patient/guarantor. quote:Fascinator, it sounds like you got somebody on their first day, or you said something that threw a wrench in the procedure, and the assistant was not able to handle that slight deviation. Yeah, something still doesn't seem right about this situation.
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Feb 8, 2012 17:02
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betaraywil posted:I find a useful mental stance to take is that traffic fines aren't about anything other than fundraising. You know what, I wouldn't have much of a problem with this if it was "only" a few hundred bucks to the state. The problem is that you end up paying several times that in higher insurance premiums that are required in order to drive your car.
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Feb 8, 2012 18:52
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FordCQC posted:This is more on the right track than whoever claimed "price discrimination" above, but still not right. Healthcare services have a cost, which is the internal value of the service, and a list price that is what is billed to the payer (insurance or otherwise). The cost is lower than the list price because the healthcare provider is a business and is trying to make a profit... Maybe you didn't take Econ 101, but different prices to different consumers=price discrimination. Senior discounts, coupons are all ways of attracting consumers who would otherwise not purchase at the market price, or to maximize profits from consumers willing to pay above the market price, as in the case of private insurance. I realize it sounds pedantic, but I think it's impossible to have a good discussion about the ridiculousness of the health care system without using accurate terminology. El_Elegante fucked around with this message at 19:33 on Feb 8, 2012 |
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Feb 8, 2012 19:15
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Konstantin posted:You know what, I wouldn't have much of a problem with this if it was "only" a few hundred bucks to the state. The problem is that you end up paying several times that in higher insurance premiums that are required in order to drive your car. Yeah, but once you get to court the first thing they take off the table is the points. Anyway, it's still arbitrary and infuriating, it's just not personal. It's (broadly speaking, from a stress management but not legal perspective) not a good idea to get into a Thing over a traffic violation because you feel your integrity has been called into question. Traffic tickets aren't about integrity.
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Feb 8, 2012 20:23
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El_Elegante posted:Maybe you didn't take Econ 101, but different prices to different consumers=price discrimination. Senior discounts, coupons are all ways of attracting consumers who would otherwise not purchase at the market price, or to maximize profits from consumers willing to pay above the market price, as in the case of private insurance. Hey, since we're being antagonistic, maybe you should go back to remedial English, since your reading comprehension is woefully lacking. The same price is being offered to everyone. Given that fact, go back and read my post and see if you can figure out why different insurance companies pay different amounts for the same services from the same provider.
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Feb 8, 2012 20:41
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FordCQC posted:Hey, since we're being antagonistic, maybe you should go back to remedial English, since your reading comprehension is woefully lacking. The same price is being offered to everyone. Given that fact, go back and read my post and see if you can figure out why different insurance companies pay different amounts for the same services from the same provider. Take it easy, dude. The why isn't relevant to the question of price discrimination. All that matters to satisfy the definition is what youve stated here: that different consumers pay different prices. This is independent of mechanism.
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Feb 8, 2012 21:36
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Incredulous Red posted:It's a $310 fine. Unless there's some potential for jail time or nasty insurance consequences, do you think contesting that $310 by hiring a lawyer at a lawyer's hourly fee is worth your time? Except civil liability.
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Feb 8, 2012 23:26
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So I found out today that in Illinois the secretary of state can suspend your license at any time(even if it was an error) and having no notice of the suspension isn't a defense. They can literally hit enter on their computer and if you're pulled over a few minutes later, then oh well. The only legal matter they decide is if it was suspended at the time you were driving. Does it work this way in any other state? I know 2 people that had their driving while suspended charges thrown out simply for showing their valid license at the time of trial or because the prosecutor didn't want to push it. In my case, I had pissed everyone off by vacating a plea deal, so they were sticking with the 30 days in jail minimum sentence. In the end, we got them to offer a $500 fine, court costs, and 300 public service hours. It tore every fiber of my being to agree to the deal, but the alternative was at least 10days in jail or get extremely lucky and score a jury nullification. More than likely the 30day minimum would apply because it was listed as a DUI suspension(even though I was found not guilty of those charges). So basically, I'm just confused as to how this is legal? If I vacated a plea deal and the prosecutor says, "Your Honor, I'm going to ask that the secretary of state reinstate the summary suspension when this is vacated", then one would assume that I would get a notification from the state saying that they agreed to suspend it since it's under their discretion and they have the final say in suspending licenses. It turned out that the 6 month suspension had expired over a year before I was pulled over, yet there was some "reinstatement fee" that needed to be paid before it showed as valid again. So essentially I had been driving on a valid license when they requested it be re-suspended on the 4th, then the secretary of state suspends it on the 12th, and then I'm pulled over on the 20th. As soon as I got out of jail and contacted someone on the 21st, I found out I merely had to pay a reinstatement fee of $250 or so and everything was how it was a week before...except now I was facing a 30-day minimum stay in jail. WTF Illinois, I hate you.
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Feb 9, 2012 04:01
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Get a lawyer.
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Feb 9, 2012 04:19
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nm posted:Get a lawyer. Thanks, but I've had 3 for the numerous twists and turns in this fiasco and I already said I accepted a deal to avoid jail for it. I was simply wondering if other states do this and how someone can be held liable for something that they wouldn't know about until they're pulled over. By their logic, I should have been calling the sec of state every hour of every day to check if it was going to be suspended or not. Again, this is already resolved and I'm not looking for advice. I'm just interested in any info others might have pertaining to their own states or experiences with suspended licenses.
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Feb 9, 2012 05:13
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Generally most states create a rebuttable assumption that if they mail notice to your house, you know. The effectively means that knowledge doesn't matter. Technically, the prosecutor must prove beyond a reasonable doubt that your knew, but that presumption is hard to overcome as juries are basically told they can assume you got it.
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Feb 9, 2012 05:32
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This is the guy who has been posting about how you don't need a lawyer for criminal matters because he successfully defended himself in a traffic case, fwiw
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Feb 9, 2012 05:53
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LOLBBQ posted:I have 30 days to plead not guilty and request a trial. Should I start calling lawyers tomorrow? My observation, that is in no way legal advice, would be that this type of situation has three actions: 1) Weigh the $310 + insurance costs against the value of your time, decide that fighting the ticket isn't worth the effort. 2) Plead not guilty with the intention of showing up in court looking respectful, politely approaching the prosecutor, and suggesting that you would plead down if demerits could be avoided. They don't need the hassle of actually fighting it, and usually will be happy to just resolve the thing. 3) Decide you want to fight the thing on principle, plead not guilty and actually take the stand. Testify exactly what you told us (his headlights off, you must have had lights on or you would have died on the back road). Call the cop, ask him whether he had any way to confirm who had headlights on besides his word against yours. Hope you come off as credible. Not just a little more credible, but a large enough difference that the judge takes your word at face value. None of those require a lawyer. Just keep telling yourself that the stakes are really pretty low, and you can do this without becoming a stuttering mess. That's my observation of traffic tickets in general that is not specific to your situation whatsoever.
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Feb 9, 2012 07:21
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nm posted:Generally most states create a rebuttable assumption that if they mail notice to your house, you know. Baruch Obamawitz posted:This is the guy who has been posting about how you don't need a lawyer for criminal matters because he successfully defended himself in a traffic case, fwiw I respect what all my lawyers have told me and I respect the experience you guys have, that's why I came here to ask you guys what you knew on the other subject. I don't think I'm some hot poo poo, wannabe, diy attorney or anything...but I do think I did pretty drat good considering the aggressive prosecution, lack of commitment from attorneys(missing deadlines, not calling me back, etc), and considering the fact I had to learn so much in such little time. After all, IANAL, so even small things were a bit confusing for me at first. We all gotta learn somewhere and next time I think I would like to learn in law school or something, not where my freedom and sanity are at stake.
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Feb 9, 2012 08:37
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nm posted:Except civil liability. My concern is that she'd decide to fight it, testify under oath about the circumstances surrounding what happened, and create material to impeach herself in a later personal injury suit, all to fight a $310 ticket. That said, IANAL, and traffic injury lawsuits are not my thing. nm is someone in this thread you should listen to.
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Feb 9, 2012 08:40
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PoOKiE! posted:Thanks, that seems to be what they were getting at, but in my case the prosecution said they would object to ANY mention of receiving notice or paperwork of any sort since the only thing that matters was if it said in the system that it was suspended at the time. I think what confused everyone was that the only "notice" that was mailed was a letter informing me that the plea was vacated and the original 6 month suspension that ended in early 2010 was going to be back on my record. Since my plea was vacated in 2011 and the suspension was done in 2010, I assumed things were back to normal. I had money at the time so if the paper had mentioned I had to do anything, like pay some fee, it would have been done ASAP. This thing was a gigantic mess and I was just trying to get a clearer picture of how it works in most states, so thanks for the input. Pookie, you always come to this thread with bizarro legal problems, and then after you argue with people in it for awhile, you stick around and give bad legal advice. Maybe focus on straightening out your life for a little bit so you can stop having these run-ins with the law?
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Feb 9, 2012 08:42
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LOLBBQ posted:Location: Wasilla, AK If there is a courthouse in your city, you should research what traffic court is like in your state. Here in Florida you mail in one printed page with your info and not guilty, show up, are there fore 30 minutes or less and get out. Judges for the most part are fair. People involved in accidents almost never show up to traffic ticket trials.
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Feb 9, 2012 12:34
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Incredulous Red posted:Pookie, you always come to this thread with bizarro legal problems, and then after you argue with people in it for awhile, you stick around and give bad legal advice. I can see how it might seem that way, but keep in mind that you don't know me. I was considered a goody two shoes most of my life and the only trouble I get into is an occasional speeding ticket, but I haven't even had one of those in many years. Police in IL can be pretty aggressive, especially in the small towns I've lived in nearly all my life. If I would have been a dbag without any consideration for other people, I would have just driven home that night and over 2 years of my life wouldn't have been such a living hell battling this poo poo. This all stems from ONE arrest back in 2009 and they wouldn't be such bizarro legal problems if the state didn't choose to make it that way. Both of my attorneys didn't believe me either until they saw and heard the way they were handling my case in court. All of us thought they were bizarre and unnecessary legal problems, but I couldn't exactly just run away from them. (BTW, I stopped giving legal "advice" a while ago after a big fuss was made about it. I simply asked if people had any input on the topic of licenses and I'm greeted with immediate negativity and contempt. I have read a lot of what you've written here and I find you very knowledgeable and helpful. I have learned a lot from this thread, but I would bet you lots of money that if you met me in person I wouldn't match the image it seems you've gotten of me from our conversations here.) Anyways, if anyone does have experience or insight into my original topic of suspended licenses, I'd appreciate your thoughts or experience with it in your particular state, etc. I didn't mean to cause any drama by simply asking it, so I'm sorry everyone for taking up as much space as this already has, it definitely wasn't my intention.
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Feb 9, 2012 12:54
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The reason I think lawyers were pissed off in the past about it is because, strangely enough, we actually care about defendants (our prosecutors notwithstanding), and don't want them to make dumb mistakes that have serious consequences, and you were telling people that we aren't necessary, so to hold you up as an example of Why You Should Get A Lawyer is, frankly, a public service.
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Feb 9, 2012 14:58
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Baruch Obamawitz posted:The reason I think lawyers were pissed off in the past about it is because, strangely enough, we actually care about defendants (our prosecutors notwithstanding), and don't want them to make dumb mistakes that have serious consequences, and you were telling people that we aren't necessary, so to hold you up as an example of Why You Should Get A Lawyer is, frankly, a public service. I read all of your posts in the voice I imagine Dalmatians talk in which is pretty much scooby doo
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Feb 9, 2012 15:21
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PoOKiE! posted:I was considered a goody two shoes most of my life and the only trouble I get into is an occasional speeding ticket That's not being a goody two shoes, that's being a career criminal. That's what happens when you consistently break the law. It's great that you're trying to reform yourself but you still have to put more effort into it because a typical goody two shoes doesn't have to do things like make deals to avoid jail time.
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Feb 9, 2012 17:41
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Speeding tickets are not criminal offenses.
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Feb 9, 2012 17:44
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I'm living in San Jose, California and will be ending my apartment tenancy on 2/17. I expect a bit of a security deposit scuffle based on my experience with this landlord though. I called him this morning to schedule a walkthrough on 2/13, which would be after my things are moved out, but still give us time to fix any problems that were found during the walkthrough. My landlord claims he wants to collect my keys on the day of the walkthrough which I am not happy about but willing to concede if he will sign off on the inspection without any problems. What I'm concerned about is that he wants to have the place steam cleaned in case our dogs left fleas. I have lived in the apartment for four years but the dogs have only lived there for 10 months. They do not have fleas but I can't think of anyway to prove that other than asking their groomer to write a letter to that effect. As far as cleanliness, the apartment was filthy when I moved in, though the landlord hired a crew to clean it after I moved in at my insistence. I am planning to make a strong effort to clean the place before I move out, but will he just be able to charge me for the cleaning crew anyway?
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Feb 9, 2012 22:22
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euphronius posted:Speeding tickets are not criminal offenses. You must be one of dem lawyers that let's murderers go free
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Feb 9, 2012 22:55
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ClothHat posted:I'm living in San Jose, California and will be ending my apartment tenancy on 2/17. I expect a bit of a security deposit scuffle based on my experience with this landlord though. I called him this morning to schedule a walkthrough on 2/13, which would be after my things are moved out, but still give us time to fix any problems that were found during the walkthrough. My landlord claims he wants to collect my keys on the day of the walkthrough which I am not happy about but willing to concede if he will sign off on the inspection without any problems. What I'm concerned about is that he wants to have the place steam cleaned in case our dogs left fleas. I have lived in the apartment for four years but the dogs have only lived there for 10 months. They do not have fleas but I can't think of anyway to prove that other than asking their groomer to write a letter to that effect. Yeah, he can do that. Just be glad he isn't like some landlords, I've heard of situations where any pet means the carpet gets replaced if you move out, weather it needs it or not. Your best bet is to use what leverage you have as negotiation. Here are things you can legally do if your landlord is trying to screw you: • Not release the keys until the last day of your lease. • Perform no special cleaning when you leave. • Refuse all entry not between 8 AM and 5 PM, and all entry during those times unless you have a written notice at least 24 hours in advance. • Make no effort to keep the house in show condition. If the landlord does decide to show the place to potential tenants while you are still there, you can mention your issues in front of them. Basically send a brief note to your landlord saying "I agree to do these things (move out early, get the carpet steam cleaned, consent to short notice visits, etc.) if you agree to refund my security deposit in full at the conclusion of the final walkthrough on [date]. If you do not agree to this I will assert all the legal rights available to me."
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Feb 9, 2012 23:14
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Lord Gaga posted:I read all of your posts in the voice I imagine Dalmatians talk in which is pretty much scooby doo I read it like I imagine a Dalmation with a Jewish accent would sound like. It must be the Baruch
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Feb 10, 2012 00:12
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Thanks for the prompt advice. In regards to the steam cleaning, wouldn't that make a portion of the pet deposit non-refundable if he is assuming it requires steam cleaning before viewing the carpet. I was under the impression non-refundable deposits were not okay in CA, or are pet deposits a separate thing. I think that's a good idea to leverage the move out date. I won't give up the keys early unless he signs off on the apartment not needing work. Edit: Sorry he wants to have the carpets steam cleaned after I'm gone and wouldn't quote me a price. Not sure if that came across in my first post. ClothHat fucked around with this message at 00:17 on Feb 10, 2012 |
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Feb 10, 2012 00:13
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ClothHat posted:I think that's a good idea to leverage the move out date. I won't give up the keys early unless he signs off on the apartment not needing work. I also would make sure to not pay rent for those days, if you give the keys up early.
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Feb 10, 2012 00:23
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