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It's both what she claimed without price itemization and what we know we left when we handed her the keys. " I received an estimate of $500 to remove the remaining screws and nails in the walls, fill in the holes and repair holes in ceiling, sand the ones you started repairing and paint (touch up paint in most of the rooms/full paint in the living room where the wall was painted gray and also got gray paint on the molding)." She was literally kicking us out to move herself in while replacing the carpets literally as we were moving things out of the house so we couldn't stay and correct these items before turnover. (her "contractors" broke/let themselves in (the backdoor was unlocked man, and we had a job to do) a day early while we weren't home. We came home to a house with a white van out front, wide open garage and doors open with pets and our stuff inside. To suggest the relationship between us is professional is a bit silly.
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Jun 13, 2016 22:28
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Why are you even offering to pay anything if she let people break into your apartment.
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Jun 13, 2016 22:36
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There is indeed a part of me that says ignore her for being stupid and a pain in rear end and hiring stupid people. Another (adult?) part of me says i did paint a wall and used nails/drywall anchors to hold things to some walls and have some responsibility, just not $500 worth. At this point since she chose to accept the security deposit as last months rent can i just walk away and say "deal with it?" i mean if i can walk away for 0 and keep ignoring her, great. If i have to go to small claims over it, i think I'd need a little sympathy to come out on top. Hence, I'm willing to drop $150 and a "be happy with what you are getting."
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Jun 13, 2016 22:41
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Why should she be entitled to any rent/your security deposit for the last month when you left early for her convenience? You didn't break the lease, she did. In my state, landlords are required to provide an itemized list if they want to keep any of the deposit. Simply failing to provide that on time would mean she isn't allowed to keep any.
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Jun 14, 2016 00:16
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Send her a check for $50 and then write for full payment and consideration on the memo. Then we call all relive first semester contracts
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Jun 14, 2016 00:48
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It was the last month of habitation. We agreed that she would take the deposit as our last month of occupation considering the level of damage/disrepair caused by her (lovely) management company and that we were leaving early (but with 30 days notice per her request once she told us the lease would not renew). (she played "i had no idea they were mismanaging my property, i fired them" once we called the city and got them to force somebody to fix everything) I suggested it since she was the one terminating the lease to make it easier on me to free up my funds. That way I didn't pay rent to her that month and used it instead for the deposit on my current place. By choosing to accept the security deposit as last month and end the lease when we moved out, is our contract is complete? Am I reading the state statute correctly, saying she had 30 days to say she wasn't keeping it or providing an itemized list within 60. (lease ended March 31, so 75 days) at this point she can go pound sand? § 42-52. Landlord's obligations. Upon termination of the tenancy, money held by the landlord as security may be applied as permitted in G.S. 42-51 or, if not so applied, shall be refunded to the tenant. In either case the landlord in writing shall itemize any damage and mail or deliver same to the tenant, together with the balance of the security deposit, no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the extent of the landlord's claim against the security deposit cannot be determined within 30 days, the landlord shall provide the tenant with an interim accounting no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord and shall provide a final accounting within 60 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the tenant's address is unknown the landlord shall apply the deposit as permitted in G.S. 42-51 after a period of 30 days and the landlord shall hold the balance of the deposit for collection by the tenant for at least six months. The landlord may not withhold as damages part of the security deposit for conditions that are due to normal wear and tear nor may the landlord retain an amount from the security deposit which exceeds his actual damages. (1977, c. 914, s. 1; 2009-279, s. 5.) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_42/Article_6.html I can post the lease as well if you like. The gist of it is, she chose to accept the sec. deposit as last months rent, its been over 75 days since the lease terminated/keys returned, and now she wants repair money. Does she have a claim? toplitzin fucked around with this message at 01:01 on Jun 14, 2016 |
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Jun 14, 2016 00:56
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The answer is it depends. Do you have any tenants' rights orgs or law clinics/schools in your state? If you tell her to take a hike she may still try to sue you or hit your credit report and then you'll have to deal with that. You should ask a lawyer in your city/state.
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Jun 14, 2016 01:20
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Send her $250. I bet the house is worse than you think. If you can get her to agree to be done with it for 250, you get off decently (no court, no fights, no credit hit, etc). Ultimately, it sounds like you both agreed to terminate the lease early. That's separate from any negligent (i.e. Non normal wear and tear) you may have done to the property. Welp we've created joinder now.
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Jun 14, 2016 01:53
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Hot Dog Day #91 posted:Send her $250. I bet the house is worse than you think. If you can get her to agree to be done with it for 250, you get off decently (no court, no fights, no credit hit, etc). I know the house is worse than you think i think. I had to have the city inspectors come out, do a full walk through, and serve her with a 4 page list of deficiencies she had to repair in the 5 months we were there. The place is a shithole with a halfassed polish on it. Spackle and a grey wall are the least of her costs/things that will prevent her from selling the house.
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Jun 14, 2016 02:27
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If a company files for chapter 11 are they absolved from paying new/outstanding invoices to sub-contractors? I'm a freelancer and a company I do work with filed for bankruptcy at the beginning of June. I have a couple of projects that are currently in progress and the folks I work with are acting like it's business as usual, I only know they filed because a friend of mine who works there told me. I have an outstanding invoice and another one that'll be sent out in a few weeks, but now I'm wondering if I should spend any more time working for them. I've been reading about chapter 11 trying to figure this out, but I'm a little lost. 
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Jun 14, 2016 03:49
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I think the bigger question is do you want to go through the trouble of trying to collect from a company that's files for bankruptcy? I'd say wait at least until they pay whatever they owe you before committing to further work and also only do work in amounts that you're willing to just write off if they stop paying. To your specific question, I don't know how it works in the US but the general principle of bankruptcy is that debts that existed before filing get renegotiated, new debts are owed in full.
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Jun 14, 2016 05:32
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Also they might not even be legally able to pay you until bankruptcy court approves payment. Again not a US lawyer but I imagine that the basic principle is the same.
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Jun 14, 2016 05:36
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Ur Getting Fatter posted:I think the bigger question is do you want to go through the trouble of trying to collect from a company that's files for bankruptcy? I'm betting it is gawker and getting paid to write doesn't give you many choices.
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Jun 14, 2016 05:49
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My company accidentally (I presume; I have no idea where the money came from) deposited ~1500 into my checking account. I then didn't notice the extra money and shuffled some money between accounts, leaving less than that total in my checking. They obviously want the money back, which is fine and I can pay them, but they went and just withdrew it right back out of my checking account without asking, and the bank is charging me a $25 fee for them overdrafting me. Can a company that you authorize to give you direct deposit just take money out without asking? I'm in NY, and the company's US headquarters is in NJ, if it matters.
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Jun 14, 2016 12:56
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kedo posted:If a company files for chapter 11 are they absolved from paying new/outstanding invoices to sub-contractors? I'm a freelancer and a company I do work with filed for bankruptcy at the beginning of June. I have a couple of projects that are currently in progress and the folks I work with are acting like it's business as usual, I only know they filed because a friend of mine who works there told me. I have an outstanding invoice and another one that'll be sent out in a few weeks, but now I'm wondering if I should spend any more time working for them. Chapter 11 is reorganization, with debt payoff plan; Chapter 7 is what we think of as liquidation. Also if you're performing certain kinds of subcontractor services, you may have a lien against the real estate. Also, just because one of your friends says they filed bankruptcy doesn't necessarily mean the entity who hired you is the same one, or that they are actually filing. Even if they did, its not guaranteed that they actually filed Chapter 11 vs. 7. You lack the requisite amount of information to make a decision. You should get more information.
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Jun 14, 2016 14:04
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KillHour posted:My company accidentally (I presume; I have no idea where the money came from) deposited ~1500 into my checking account. I then didn't notice the extra money and shuffled some money between accounts, leaving less than that total in my checking. They obviously want the money back, which is fine and I can pay them, but they went and just withdrew it right back out of my checking account without asking, and the bank is charging me a $25 fee for them overdrafting me. Can a company that you authorize to give you direct deposit just take money out without asking? I'd bet the authority to do so is in your direct deposit authorization somewhere, or your contract, or your employee handbook. Thats where you should look first. Most banking regulations are federal, so good luck slogging through a million pages of those looking for the answer. If its not in your DDAuth. or handbook or the regulations, or state law, I guess you could always sue them for $25.00.
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Jun 14, 2016 14:09
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Ur Getting Fatter posted:I think the bigger question is do you want to go through the trouble of trying to collect from a company that's files for bankruptcy? This is more or less what I've been thinking, thanks for your input. blarzgh posted:Chapter 11 is reorganization, with debt payoff plan; Chapter 7 is what we think of as liquidation. Also if you're performing certain kinds of subcontractor services, you may have a lien against the real estate. Also, just because one of your friends says they filed bankruptcy doesn't necessarily mean the entity who hired you is the same one, or that they are actually filing. Even if they did, its not guaranteed that they actually filed Chapter 11 vs. 7. I looked it up, they're definitely filing for bankruptcy and it's definitely chapter 11. There are a few different legal service websites that confirm it. I'm a freelance web developer and the company in question is an advertising firm, so I don't imagine real estate will be involved? My contract with them is project based and was signed way before they filed for bankruptcy, but the work is ongoing and the project should be wrapping up in the next few weeks (assuming I continue working on it). I already received a few checks from them for the project, but the final chunk is contingent upon delivery of the final bits and pieces. Ultimately I'm probably going to end up talking to them about it, but I'm just curious how the laws around chapter 11 work.
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Jun 14, 2016 14:27
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He's talking about a mechanics lien, which I don't think would apply to your job
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Jun 14, 2016 15:00
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kedo posted:This is more or less what I've been thinking, thanks for your input. A better way to think about it is reorganization, the company wants to negotiate with their creditors to alter the terms of the debt so they don't have to liquidate. You may or may not be in that mix, but if they choose not to pay you, any attempt at legal action will be automatically stayed because of the filing. Although some existing contracts can be voided through the BK court, that process takes a while. With your work nearing completion I would get the money you can and see if you can get paid in advance in full or partially prior to delivery of anything in the future. Chapter 11 can take years to resolve and secured creditors get the first bite at the apple, so yea, is it worth it?
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Jun 14, 2016 15:04
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xxEightxx posted:With your work nearing completion I would get the money you can and see if you can get paid in advance in full or partially prior to delivery of anything in the future. This sounds like my best bet. That's going to be a fun phone call. Thanks very much for all the information folks!
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Jun 14, 2016 15:37
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KillHour posted:My company accidentally (I presume; I have no idea where the money came from) deposited ~1500 into my checking account. I then didn't notice the extra money and shuffled some money between accounts, leaving less than that total in my checking. They obviously want the money back, which is fine and I can pay them, but they went and just withdrew it right back out of my checking account without asking, and the bank is charging me a $25 fee for them overdrafting me. Can a company that you authorize to give you direct deposit just take money out without asking? It's bullshit, but that's what you get when you let the banks write all of your financial legislation.
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Jun 14, 2016 18:22
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Thanatosian posted:IANAL, but the short answer--from what I understand--is "yes." They could come back after it at any time in the future; there's not even a time limit or anything. The generally recommended strategy for when their is an error in your favor like that is to set aside the amount put in by error, never spend it, and inform the parties involved via some well-documented method (email, certified letter, etc.). Why is it bullshit to have to return something that doesn't belong to you?
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Jun 14, 2016 19:33
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It's bullshit that they can just dip into your bank account and take it. That poo poo would never fly in Europe. To me, that's like accidentally mailing you a TV, and then breaking into your house to get it back and making you pay for a new lock. Nobody should be able to take anything out of my bank account without me approving it first. But my company isn't run by dickheads, so after a few emails and a phone call, they agreed to let me treat it like an advance on a future expense report (they owe me ~$13,000 in reimbursements and counting, which is why I was so pissed that they would just take money out of my account - I initially thought that money was part of what they owed me), and offered to cover the $25 if my bank didn't waive it (which they did, because Credit Unions are cool and good like that). All in all, not a terrible outcome and they at least apologized profusely for the mistake. Still, not the most fun thing to wake up to.
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Jun 14, 2016 21:44
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KillHour posted:It's bullshit that they can just dip into your bank account and take it. That poo poo would never fly in Europe. To me, that's like accidentally mailing you a TV, and then breaking into your house to get it back and making you pay for a new lock. Nobody should be able to take anything out of my bank account without me approving it first. quote:
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Jun 14, 2016 22:01
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twodot posted:You understand there isn't a literal box of money with your name on it and every physical dollar you've deposited right? When you give the bank $20, they mark it down, put $2 into a general fund and give out the other $18 as loans. There isn't anything in your account, just a ledger of transactions. The way banks gate access to that ledger is through knowing secret information, if someone's got your secrets (or is the government) the best you can do is be reactive. It depends on the country though; in Canada, at least when I worked at the bank if someone got a direct deposit slip to give to their employers that employer could only put money into the account, they couldn't withdraw no matter what. We'd always tell people a direct deposit slip was like putting money in a piggy bank: they can deposit it into the account, but they can't actually take the money back out after.
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Jun 14, 2016 22:34
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HookShot posted:It depends on the country though; in Canada, at least when I worked at the bank if someone got a direct deposit slip to give to their employers that employer could only put money into the account, they couldn't withdraw no matter what. We'd always tell people a direct deposit slip was like putting money in a piggy bank: they can deposit it into the account, but they can't actually take the money back out after. AFAIK, the US is the only country that lets you take money out with only the account and routing numbers.
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Jun 14, 2016 23:12
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twodot posted:It is awkward they owe you money and are also claiming they overpaid less than the amount of money they owe. Well you see, they owe me money, just not THAT SPECIFIC money. THAT money is theirs. Maybe I'll try that with my debt and see if that theory holds water.
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Jun 14, 2016 23:14
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He most likely agreed to it. most generic forms will have clauses saying they can correct mistakes I can't imagine any legit company taking money out of an account without prior authorization. Plus, it was a significant amount, like $1700, and he moved money around, so he likely knew that it wasn't his money Edit: he says he didn't, but $1500 is a lot for most people not to notice EwokEntourage fucked around with this message at 00:05 on Jun 15, 2016 |
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Jun 14, 2016 23:59
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My company deposits 5 figures into my account on a monthly basis, not including my salary. There was nothing abnormal about seeing a $1500+ deposit and moving it into another account I keep set aside so I can pay my ridiculous credit card bills each month. As I said, they agreed to correct the mistake. I'm just amazed that authorizing someone to put money in my account authorizes them to take money out, too. You would think the bank wouldn't allow something like that just because they have my account number. Edit: I checked, and this is the only form I filled out that says anything about direct deposit: 
KillHour fucked around with this message at 02:47 on Jun 15, 2016 |
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Jun 15, 2016 02:41
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blarzgh posted:"Dave" may have a claim for employment discrimination under the ADA, depending on many things, including whether the company is subject to certain federal regulations, whether he is a contract employee, employee at will, service provider, or independent contractor. I guess he should be looking specifically for an employment lawyer of some sort? He seems to be under the impression that a consultation will cost him hundreds of dollars since this isn't a personal injury type situation. I don't know if he got that by calling (the wrong) lawyers, or if he just assumed that.
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Jun 15, 2016 04:57
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KillHour posted:My company deposits 5 figures into my account on a monthly basis, not including my salary. There was nothing abnormal about seeing a $1500+ deposit and moving it into another account I keep set aside so I can pay my ridiculous credit card bills each month. My bad, I didn't realize you were the person that asked originally, thought it was someone else. Do you have an employment contract or something similar? As far as I know, they can only take it back if you agree. Most people just agree without knowing
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Jun 15, 2016 05:39
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KillHour posted:AFAIK, the US is the only country that lets you take money out with only the account and routing numbers. Yeah, that's pretty ridiculously stupid.
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Jun 15, 2016 07:41
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EwokEntourage posted:My bad, I didn't realize you were the person that asked originally, thought it was someone else. The employment contract has absolutely nothing to do with his relationship with his bank, which is the issue here.
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Jun 15, 2016 10:59
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Alchenar posted:The employment contract has absolutely nothing to do with his relationship with his bank, which is the issue here. Except it has nothing to do with his relationship with his bank? His employer deposited the money erroneously, and then took it back. He has to authorize the company to deposit it. He likely has to authorize the company to withdraw the money if a mistake is made. Direct deposit is an agreement between employer and employee, not between the employee and his bank. They work the same way as wiring money or transferring money between banks, or using a bank account to pay a bill online
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Jun 15, 2016 18:32
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Given the clearing information, the business can initiate an ACH withdrawal without the bank explicitly approving anything, or permission from the account holder. That clearing information is the same used for direct deposit. ACH is basically the honour system, though some banks will let you turn on approvals if you have the right kind of account.
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Jun 15, 2016 18:41
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Rather than looking up whether they had permission have you considered just talking to your HR department? If they are paying you as much as you say I can't imagine they'll be pissed about $25. Frame it like you're not angry and just annoyed.
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Jun 15, 2016 18:47
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Centripetal Horse posted:I guess he should be looking specifically for an employment lawyer of some sort? He seems to be under the impression that a consultation will cost him hundreds of dollars since this isn't a personal injury type situation. I don't know if he got that by calling (the wrong) lawyers, or if he just assumed that. "Employment discrimination" lawyer, or personal injury attorney, or general civil. Some do charge consultation fees, some don't. Also, make sure to do the math on how much money you lost on this. I.e. what is your downtime because you got canned, and how much will you be making at your new job, etc. The lawyers will want to know this.
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Jun 15, 2016 19:04
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I negotiated a debt settlement for a student loan that is so old it no longer shows up on my credit report despite my having paid according to the collector's agreement since 2011. I want the settlement agreement to keep the debt off my credit reports. Is this something I can realistically expect from an attorney? e: the actual amount of the debt is in question due to the OC/collector still not providing me complete accounting of the debt and I have multiple recorded calls where they do this. BonerGhost fucked around with this message at 20:39 on Jun 15, 2016 |
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Jun 15, 2016 20:34
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Subjunctive posted:ACH is basically the honour system This is my problem with the whole situation.
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Jun 15, 2016 22:18
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KillHour posted:This is my problem with the whole situation. It's a reasonable thing to have a problem with, IMO.
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Jun 15, 2016 22:33
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