<p>somemom is right about that last part. i should have mentioned it. A judgment against someone is public record, and (usually) reported to the credit bureaus directly by the court. That is how it is done in our county. In fact, in our county the court also sends a copy of the judgment to our local newspaper and it is soon printed for all the readers to see. If the girls were to lose a judgment, then in the future, when a potential landlord, lender, or employer(yes more and more employers do that now) looked up her credit stats then it would appear she’s a deadbeat and that could bite her behind for years. NOT to say she is a deadbeat- only to say it might appear so to someone checking her score later.
I heartily recommend that if the girls consider it unconsciencable to fulfill the contract as originally planned, then they document what appear to be shady dealings and then try to reach a compromise to end the lease without further penalty. If rental units are as scarce as you write, landlord should have an easy time of getting a replacement.</p>
<p>Thanks for your opinion about living with an owner’s relative. I hadn’t thought about it that way. I was thinking that on the up side that the roommate would be likely to take care of the place because it was family owned. There are so many pifalls to think about…worry, worry, worry.</p>
<p>That’s why dorms are nice, but not in Berkeley where you can pay year round rent and utilities and food and still be money ahead! Frats & Sororities are a great option at Berkeley, too late for this year, but keep it in mind</p>
<p>An update on the apartment in Berkeley-
I saw my friend last week and the girls finally have solved their problem. It isn’t ideal and it has been a pain but they are out of the lease and got back most of their money.
One of the girls siblings went to the apartment with the police. The apartment was vacant but it was in shambles. No cleaning or repair work had been done. After repeated attempts the landlord still would not answer calls to turn over the keys. He kept telling them they had told him Aug 15th as a move in date(the lease began June 1). As the girls were preparing a letter to send certified telling him they wanted out of the lease they get a call from the landlord saying he was releasing them from the lease because he did not want to rent to them. Two of the girls went up to Berkeley for a weekend to look for another apartment. They told the landlord they wanted to pick up a cashiers check for the refund. He did not answer the calls or emails they sent. They found another apartment in a complex with a management company. Wrote new checks (without having the refund yet- which was risky). A few days later they had a check in the mail from the first landlord - not a cashiers check but a personal check made out to all 4 of the girls. The bank would not cash the check for the two girls. They had to make arrangements for the other two girls to come up from 2 hours away. All four went to the bank which the check was drawn, all had to show ID and they now have their money back.They were lucky the funds were there. The landlord returned the last months rent and security deposit. He kept the first months rent. The girls now will have to take him to small claims court to get that back.</p>
<p>I hope that they get treble damages for putting them through all the trouble.</p>
<p>mom60 - good for them! Sounds like they were intelligent, cautious, and persistent. They will go far!</p>
<p>Of course that opens new questions. If the landlords’ check said paid in full, or full payment, or any similar wording, then this deal is done. There is no going back to say - you still owe me more! Personally, if they’re out 1 month’s rent, divided by 4, I think they’re lucky. It may not be all the’re entitled to, but they seem to have jumped into this lease without a great deal of thought, and as I see it have learned some valuable life lessons relatively cheap. Not all college lessons are taught in the classroom. I’d say- Sounds like they will be intelligent, cautious, and persistent. They will go far!</p>
<p>What are treble damages? In Ohio we permit triple damages if a tenant can prove a landlord has fraudulently withheld security deposit. BUT here, it must be shown to be a deliberate fraud withholding sec dep., and not just a difference of opinion.</p>
<p>For all renters, I can’t emphasize enough how important it is to photograph and/or videotape the apartment on move in day, before any belongings are there, in order to document the condition of the apartment. At a minimum, I would recommend opening and closing all windows (and making sure that all window locks are functional), inspecting all appliances, flushing all toilets and running all faucets, testing all electrical outlets (walking around with a small appliance like a desk lamp is an easy way to do this) and thoroughly inspecting all provided furnishings.</p>
<p>Any problems should be listed and sent in a letter to the landlord as soon as possible. I would recommend sending this letter certified mail, return receipt requested.</p>
<p>The best possible solution is to do an initial walk through with the landlord, if possible. Ask the landlord to be there when the new renters take possession in order to note any problems that are immediately apparent. Any problems that show up in the first few days (or later, as the case may be) should be noted in a letter to the landlord (again, certified mail, return receipt requested).</p>