posted
I said I would tell about the place I was living before I got the apartment, so here is:
"The Story of the Mobile Home"
or possibly:
"How Can People Live Like This?"
Immediately after the separation, I was living in cheap hotels. Cheap is a relative term, and it was still too expensive. So, I needed a cheap place to stay (short-term) while I looked for an apartment. I found an ad on craigslist for a room in a mobile home. I went and checked the place out, and decided it was ok. The rent was only $350 per month, plus a $200 deposit. I didn't have to pay for electricity or water or heat or anything. Ok, fine, I moved in. It didn't seem so bad at first. They had several dogs and a few cats, but the place seemed clean and I thought it would be fine for a month or so.
So, the very small room I was in had a twin mattress on the floor, and that was about it. The place didn't have cable or anything to do really, but that was ok, because I was looking for a job and an apartment and I didn't have time for much of anything else. The man and woman who lived there both seemed nice, and they even invited me for meals (which were free, and the woman was a very good cook.) They were both around 40, I would guess. The seemed like real rednecks, but that's ok because I grew up surrounded by rednecks. I did find out later that the guy had been a Sequel Server DBA, which really surprised me. Neither of them had jobs though. Then, one day...
The weather turned cold. That was when I found out there was something wrong with the furnace. They typically set the thermostat at 60 degrees, but I think the temperature was more like 50. I had to sleep fully clothed in a sleeping bag on the small mattress with blankets over me and I was still cold.
Also, the animals. There was a faint animal smell (to be expected with so many animals, I suppose) but it seemed to keep getting worse. Maybe I was getting more sensitive to it. How many animals were there? They had 4 or 5 dogs, and 2 or 3 cats. Maybe 4 cats. I am not sure; the numbers seemed to change. Then it got worse. Once the couple put up the Christmas tree at least one of the dogs thought that was a good place to pee. The smell seemed to get worse, and I had to be careful where I stepped. Still with me? It gets even worse. One night, there was a dogfight in the living room. I was in my room reading, so I never saw it. Still, I found out later one of the dogs had gotten injured, and I never saw that dog again. I don't know what happened to it, and I never asked. People, lemme tell you, when there is a dogfight in the living room it is time to move somewhere else. That oughta be on the cover of the renter's guide.
Things are never so bad, though, that they can't get worse. Typically, the couple who lived there would go out in the evening and not come back until the wee hours. I don't know where they went (to a bar I think) and I never asked. This meant that at least one or both of them was drunk when they got in. One night (ok, technically morning) they started arguing. This was a loud, screaming-at-each other argument. It started around 2am and since I had to be up at 5am to get ready for work, I didn't appreciate it one bit. About a week later (a few days before I moved out) they had another argument. Loud, and screaming, and hurling insults. This argument started around 2am, and they were still going at it when I left for work at 6am. Needless to say, I didn't get much sleep. This argument seemed to be about who could hurt each other the most. Still, there were moments that almost made me smile. Here are some actual lines from the argument:
spoken (yelled) by woman - "I gave up so much for you! I gave up my boyfriends and my best dog and my lesbian girlfriends for you!"
spoken by man - "I was so faithful to my first wife! At least up until the last year!" (Perhaps that was why it was the last year?)
spoken by woman, who actually owned the mobile home - "I'm moving back to Florida tomorrow! And I'll leave the mobile home to Lance! You don't deserve it!" (Too bad she didn't actually do it - I could have used a mobile home.)
I even asked asked the guy the next day if I owned the mobile home. He gave a sad laugh and said something like, "No, not yet anyway." The couple said frequently that I was the best roommate they had had, but that was just because I didn't steal anything from them.
Sooo...I found an apartment the next day and signed a lease. It was on a Wednesday and I figured I would pack and move in a day or two, or maybe over the weekend. So, that night I got back to the mobile home about 8pm. It had been quite awhile since lunch and I was really hungry. As I walked through the living room I stepped around a very wet spot on the carpet which I knew was dog pee. As I was making a couple of sandwiches, one of the dogs trotted into the kitchen and started pooping on the kitchen floor about 5 feet from me. I decided that was enough, and I moved out that night. (By the way, one of my passwords where I work is Ihatedogpee!)
So...now I am in an apartment, and I don't have to step around any more animal fluid. I never did get my $200 deposit back, by the way. I suppose I could take them to small claims court, but since I didn't sign anything, I don't know if I have a case. I guess I could threaten to do it, and see if they cough up the money. (I do call them occasionally, and see if they have it. Hopefully they feel at least a little bit guilty about it?) Since neither of them worked, I have no idea how they survive. Maybe by taking in suckers like me.
So, while there are parts of my life that I am very unhappy with right now...I know I have a lot to be thankful for. I am so glad I don't have to live like that. I am so glad my wife and I never screamed at each other like that. I am glad the heat works. Mostly, though, I am glad I don't have a dog.
Sounds perfectly wonderful. This is the "Lies, All Lies" thread, right?
I looked up the Ohio statutes on security deposits. It is very similar to Massachusetts. Bascially, the landlord has 30 days to return it to you. If they don't, you take them to court and (if I am reading it correctly) you would get the money back, plus damages in the amount of the money owed you plus reasonable attorneys fees. You probably could take them to small claims court after the 30 days is up, but you'll have to figure if it is worth your while.
I'll copy the actual statute below. One thing you would have to do is to provide them in writing with your forwarding address. (if you don't do that, you don't get the damages) And when you write to them, you can mention the statute "Ohio Revised Code Title 53 Chapter 5321.16" and that if they don't pay you, they could be liable for the security deposit and damages.
5321.16 Procedures for security deposits.
(A) Any security deposit in excess of fifty dollars or one month’s periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.
(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.
(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.
Effective Date: 11-04-1974
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
Oh, um, Quis..I live in Kentucky, not Ohio. I am only a few miles from Cincinnati, but...wrong state...sorry.
From: Cincinnati | Registered: Jul 2003
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posted
Don't take this the wrong way, Lance, but I really enjoyed reading about your mobile home misadventures. You could very well be the Charles Dickens for a new generation.
Also, your story confirms my theory that craigslist is actually a portal to hell.
Glad you got out.
[ January 13, 2012, 03:00 AM: Message edited by: Ram Boy ]
Registered: Dec 2006
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posted
Lance, I looked up Kentucky's law on security deposit. It really didn't say anything about how to go about getting it back or how long til the landlord has to give it back. What I did find basically sayss that the landlord has to put the security deposit in a bank account, and has to sign (along with you) a list of damages to the apartment (or in this case room) before you moved in and a seperate lisst when you moved out. If the landlord does not do this, he/she is not allowed to keeep any of the security deposit.
It wouldn't hurt to put the request for the security deposit in writing and mail the letter with return receipt. If you decide to pursue the matter. You can refer, in the letter, to Revised Kentucky Statutes Annotated Section 383.580
I have to say that the Massachusetts and Ohio statutes regarding security deposits are much clearer than Kentucky's
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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Ram Boy, I can look back now and laugh. It wasn't nearly as funny then. And thank you for the kind words!
From: Cincinnati | Registered: Jul 2003
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quote:Originally posted by Quislet, Esq: I have to say that the Massachusetts and Ohio statutes regarding security deposits are much clearer than Kentucky's
And that's exactly how Kentucky rednecks like it.
(...from someone who lived 40% of his life in Kentucky....)
-------------------- "Been killed--didn't like it." (Duplicate Damsel, Legion of Super-Heroes #10)
From: Groga | Registered: Aug 2003
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cleome46
or you can do the confusion 'til your head falls off
posted
lance, it sounds like your former landlords might be distant relatives of my current co-workers. (Some of them, anyway.)
Glad you managed to make your escape, and hope you get your money back.
Oh, and Ram Boy is definitely correct about Craigslist.
-------------------- Hey, Kids! My "Cranky and Kitschy" collage art is now viewable on flickr. Drop by and tell me that I sent you.
From: Vanity, OR | Registered: Dec 2008
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posted
Cleome, if that is true, then I feel very sorry for you. Big hug sweetie, and thanks for reading my story and for the good wishes.
From: Cincinnati | Registered: Jul 2003
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posted
Having nothing in writing may not go against you, they'd still have to come into court and say their side, and typically they admit all you need to win your case-- simply that you did in fact pay a security-- because they don't know better. At that point they have to either prove they did give it back or justify why not.
Then they give reasons why they shouldn't have to give the money back that either don't hold up legally, or would if they documented them but they of course didn't document them because they're not true.
The real problem is whether they have the money to give back at all. You have to ask yourself if it's worth the time in court just to make their lives more miserable. If they don't have the 200, and it sounds likely they don't, it's not worth getting the judgment against them unless it will bring you great satisfaction in and of itself.
Though I suppose it's worth checking if a judgment would allow you to put a lien on the mobile home.
It is worth pressing the issue a bit by letters and phone. Persistence tends to win if anything will, and it's cheaper than court in time and money. If you can stay friendly while doing it, it looks even better if you do eventually decide to go to small claims court, and by then you'll have documents showing you tried, and that they didn't deny your claim. Or if they do deny you ever paid a security (or that they even know you at all) at least you'll know what you're up against.
Another benefit to staying friendly is that if they DO have it, or come across a minor windfall one day, one of them might just be willing to send you the money just to piss off the other. But that won't happen if they're mad at you too.
From: Manhattan, NY | Registered: May 2011
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posted
When I typed that last post I had only read this page. Now that I've noticed there are three pages before this, I'm caught up, and just wanted to add best wishes, and sorry it's been so painful.
From: Manhattan, NY | Registered: May 2011
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posted
Thank you for the good wishes, Shining Son! Actually, I am not sure about their financial situation.
Let's think about this: they have the money to feed at least 4 dogs and 2 cats. I know the female owns the mobile home, and the man owns a house elsewhere. He shut up the house to live with the woman. (I have no idea why they live in the mobile home instead of the house - maybe the guy didn't want animals peeing on his floor?)
The pertinent questions are:
1) Do I really need the money? Well, yes, I do.
2) Could they come up with it if I pushed a little? Yes, I think they could. They have assets and seemed to go out in the evening a lot, and that costs money. I didn't mention this, but while they didn't have cable, they did have a 44" flatscreen tv and a DVD/blu ray player (as well as a lot of DVDs) and a Wii. So yeah, I think they could actually come up with the money without too much trouble.
Conclusion: I think I will try a little gentle pressure, and see what comes of it.
One final point of interest: The lady owned the mobile home, yet when I moved in, I made the check out to the man. I have no idea how that affects things.
Thanks again to everyone for their pleasant thoughts and well wishes. Reading the pleasant responses to my postings has brought me more comfort and pleasure than you can imagine.
From: Cincinnati | Registered: Jul 2003
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posted
Let me just say again, that if you do write to them, make sure you send the letter registered with a return receipt (and keep a copy of the letter you write). This would be your proof that you did send them a letter requesting the security deposit back and that they received the letter.
Them: Gee your honor, we never got a letter requesting the security deposit back.
You: Excuse me your honor, but I have here the return receipt for the letter I sent, showing that they did receive it.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
Oh I had no doubt that you need the money, the point was questioning if the effort is worth it if you won't get the money anyway.
I also had no doubt that they spent money all the time, and that was precisely why I was reasonably sure, given everything else you said, that they wouldn't have more than 50 bucks in a bank account ready to be attached legally. I hope you're right that they do actually have enough that its easier to to give you the money than it is to deadbeat you and put up with your reminders and/or legal action and followup collection.
My best guess as to what it means that you made your check out to the man is that they've been through this before (or have been instructed by someone who has) and at least have learned that they should have the business dealings officially and only through the person who doesn't own the mobile home, therefore you can only sue him, and can't take the mobile home from her. If that's the case, the house he shut up is probably worth even less than the mobile home, if anything.**
But that's assuming some intelligence or craftiness. There may be a totally silly reason instead. They may just be nuts. Which means this process could be endlessly frustrating for totally different reasons.
I hope you succeed, whether through a lack of evil on their part, or some uncharacteristic usefulness of the legal system in your neck of the woods. Yeah, I'm a cynic, but always hope right wins out, and toward that end I hope you persevere, but not if it costs more than you win. I can't wish that for you. You've been through enough.
**(Here in NYC, it's typical to talk to your landlord for years and then if you ever have to sue him, you find out that your real landlord is his wife, and everything is in her name. Therefore all the promises he made you were not binding on her.)
[ January 14, 2012, 12:22 AM: Message edited by: Shining Son ]
From: Manhattan, NY | Registered: May 2011
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