• filter:

Continuation of landlord tenant dispute - under alt-id to beat indexers

  • Page :
  • 1
  • Text Only
  • Search this Topic »
Voting History
rated:
Like many others - I'm also resorting to alt-id.

The intentions are honorable - I promise! My alt-id is close enough to my original username so that any forum poster can easily link it to my original one. I only want to stop any crawler from indexing my posts and have them all show up as a single search result - thereby allowing an easy alert for anyone who wants to figure out what I am really up to.
I would like to request the thread participants to please NOT link the old thread(s) or refer to my actual username in this thread.

Summary Background
I recently got into a tiff with my previous landlord about breaking my lease. I believe they are treating me unfairly. I am sure the other side have a similar story to tell why I was a horrible tenant and deserve every bit of harassment that are being meted out to me.
However, all that is irrelevant for the purposes of this thread. I am doing some background research on where I stand legally - and only legally. The 1-week vacation during kid's Spring break is coming in real Handy for this .

Request for the "legally inclined" members, and anyone else who decides to do me a favor by chipping in:
While doing this research, I came across references to some interesting case law and need help looking up the opinions from the judge for these cases.

I don't have a PACER account. If required, I guess I will have to sign up for one. However, even then, does PACER give all case details from state courts (in my case CT)? Or only Federal courts? Is there some other mechanism I must use to look up state court cases?

List of the cases along with a brief summary of what I am looking for in the opinion:

Landlord's duty to mitigate damages in case tenant breaks the lease early

  • Vespoli v. Pagliarulo, 212 Conn. 1, 560 A.2d 980, 981 (1989).
  • Rubenoff v. Schlutow, SBNR-320, April 4, 1989 (Reifberg, J.).


Standards for normal wear and tear

  • Wosczyna v. Hartman, H-494, December 6, 1983 (Aronson, J).


Broken windows may not be charged to the tenant unless the landlord can prove that the tenant caused the breakage

  • Fish v. Dudzikowski, H-166, January 14, 1980, (Spada, J.).


Burden of proof

  • Bauer v. DelValle, 35 Conn. App. 118 (1985).


"twice the deposit .. fails to return the balance after deducting for damages, or to give sufficient details in the notice of damages."

  • Costales v. Gelinas, H-906, October 13, 1989, (Doyle. J.).


Twice the security deposit as damages in case of unjustified withholding for damages

  • Cohen v. Meola, 37 Conn Supp. 27 (Super Ct. 1980), aff'd 184 Conn. 218 (1981).


Enhanced damaged - landlord burden of proof

  • Korus v. Chrusler House Associates, H-804, January 7, 1987 (Goldstein, J.)
  • Eberstadt v. Cochran, SBNR-285A, February 6, 1987 (West, J.).


CUTPA (Unfair Trade Practices) Damages for Security Deposit issues

  • Mwanga v. Fleming, NH-387, November 24, 1986 (Barnett, J.).
  • Estate of Costales v. Gelinas, H #906.
  • Nielsen v. Wisniewski, 32 Conn. App. 133 (1993)


What counts as CUTPA damages

  • Mungham v. Prudential Home mortgage Co. SNBR-460, June 8, 1996, (Tierney, J).



I will appreciate any help I can get in looking up these cases, and/or pointers on how to do so.

Member Summary
Most Recent Posts
The thread has served it's purpose and I have no "rational" reason to continue to keep it alive - but for an extremely i... (more)

altpeahead (Apr. 17, 2017 @ 8:23p) |

You might be able to beat indexers but FW has a long memory.

qcumber98 (Apr. 17, 2017 @ 10:47p) |

Still don't understand the need for subterfuge by altpeahead. Isn't puddonhead's post about a dispute over a couple mon... (more)

mapatsfan (Apr. 18, 2017 @ 12:18p) |

Staff Summary
Thanks for visiting FatWallet.com. Join for free to remove this ad.

rated:
Local library.

rated:
I use scholar.google.com to do a poor man's search for case law.

rated:
This isn't a law forum.

You don't need an alt-id to stop robots from watching you.

rated:
Contact a landlord-tenant agency in your area. Here's a couple of examples:

http://www.bni-maryland.org/
https://www.phoenix.gov/nsd/programs/landlord-tenant-counseling

When I was having an issue with a landlord, an individual from the one local to me wrote a letter to the landlord on my behalf, explaining my rights and explaining what the legal consequences to the landlord would be. (Arrest for illegal lockout in my case...)

rated:
I'm not sure what state you're in, but usually to start the process, you just send the landlord a demand letter. You can sometimes go to the local courthouse and they may have a free lawyer that will draft up the letter for you and you see if the landlord blinks. You can ask your free lawyer what he thinks of your case.

If it were me, I'd just send the money back and then just sue the tenant separately in small claims court for the damages. Then the security deposit laws no longer apply and you skip the double damages and attorney fees risk.

rated:
>> I'm not sure what state you're in
CT

>> Then the security deposit laws no longer apply and you skip the double damages and attorney fees risk.
This is news to me (many legal things are - I'm just trying to learn).
AFAIK - double damages in the Housing Sessions in CT (which are considered small claims courts) is usually a slam-dunk affair. So much so, that there are special checkboxes in the one-page form to file suit that asks if you are asking for "double damages".

rated:
jerosen said:   This isn't a law forum.

You don't need an alt-id to stop robots from watching you.


Any pointers to a good law forum?
Any suggestions how to avoid automated robo-crawlers from indexing the post(s)?

rated:
altpeahead said:   
jerosen said:   This isn't a law forum.

You don't need an alt-id to stop robots from watching you.


Any pointers to a good law forum?
Any suggestions how to avoid automated robo-crawlers from indexing the post(s)?

  

1.  whatever google tells you :   avvo.com reddit/r/legaladvice, etc

2. stop using the web to discuss sensitive legal topics if your'e worried or just don't be paranoid about it
 

rated:
Did you get your security deposit (or invoice of charges) returned within a month of moving out?

rated:
no.

rated:
If you are worried about being stalked online then stop posting your information. Go to a local tenants legal advice clinic or tenants rights group for help. The internet isn't going to know all your local laws anyways.

rated:
Stupid forums won't let me upload DOCX but if you PM me your email, I can email the cases to you. I couldn't find Bauer v. DelValle, 35 Conn. App. 118.  I think it's Bauer v. Del Valle, 35 Conn. Supp. 126.

rated:
How much $ is at stake? If the answer is it's about the principle then I'd say let it go. Or is slander/libel involved?

rated:
caterpillar123 said:   Stupid forums won't let me upload DOCX but if you PM me your email, I can email the cases to you. I couldn't find Bauer v. DelValle, 35 Conn. App. 118.  I think it's Bauer v. Del Valle, 35 Conn. Supp. 126.

Extremely sorry - but I mistyped my email address in the first PM. Can you please send it to the address in the second PM?

Thanks.

rated:
zapjb said:   How much $ is at stake? If the answer is it's about the principle then I'd say let it go. Or is slander/libel involved?

Not enough for the hours it will require me to spend.

Delta between me prostrating in front of them and allowing them to run me over vs me winning every likely violation I can throw at them is $10k at max. The number of hours required to achieve this delta in my favor is hundreds of hours.

So the payoff is - perhaps - $15/$20 an hour, with a lot of uncertainity about the $$ part, but not much uncertainity about the hours part. This, by itself, is not worth it for me!

However, what gives me the pause is the fact that the hundred's of hours I spend now may reap good dividends in the future. If I decide to roll over now, it's almost certain I'll roll over anytime in future someone decides to deal unfairly with me, like I believe the landlord is trying to do now.

The later aspect over the rest of my life is much harder to value in terms of $$ and hence I'm am not yet sure of the exact next steps.

rated:
OP maybe my reading comprehension is down this evening. But what actually happened between you & the landlord?

rated:
I'm sure glad you're not puddonhead, the guy who posted this thread:

https://www.fatwallet.com/forums/finance/1560394

rated:
Wasn't the short version that there was nothing to be done other than to negotiate a payment or pay nothing and wait for the LL to sue? At which point you respond pro se or via an attorney? Why would they voluntarily back down purely based on your legal research?

Honestly if your credit is that important I'd pay a lawyer $500 or so to handle this.

rated:
TravelerMSY said:   Wasn't the short version that there was nothing to be done other than to negotiate a payment or pay nothing and wait for the LL to sue? At which point you respond pro se or via an attorney? Why would they voluntarily back down purely based on your legal research?

Honestly if your credit is that important I'd pay a lawyer $500 or so to handle this.


I'm surprised at the $500 figure for a lawyer. Any suggestions how to find a semi-decent one that will charge me $500 to take care of this?

I'd pay $500 to a lawyer in a heartbeat to:
1. Avoid the procedural pitfalls that lie ahead of me at every step if I proceed.
2. Reduce the amount of "legal research" I have to do.

For #1, any halfway decent lawyer would do. But all of them wants to charge me $300/hr ...

rated:
MaynardKeynes said:   I'm sure glad you're not puddonhead, the guy who posted this thread:

https://www.fatwallet.com/forums/finance/1560394

Legitimate question:  The OP of this thread is vague in an espionage sort of way, but why would anyone care enough in a landlord dispute to search for what puddonhead in that thread, or altpeahead in this thread are up to?

rated:
You left crayon and stickers everywhere? Unless you are a toddler, you should worry less about a landlord abusing you, and worry more about letting your kidlet abuse you AND the rented apartment.

rated:
The thread has served it's purpose and I have no "rational" reason to continue to keep it alive - but for an extremely interesting observation.

This is easily the most "unpopular" thread I have ever opened, as measured by the green/red ratings - under real or alt id. And yet, it is by far the most useful one for me (opened by anyone) that I remember!!

Caterpiller123 sent me over the opinions over the email - saving me countless hours of frustration trying to navigate legal sites and get them, besides whatever amount of money I would likely have spent! His help was way more than I expected or anticipated from this thread.

What a contradiction!! Isn't that what makes Internet great??

rated:
You might be able to beat indexers but FW has a long memory.

rated:
Still don't understand the need for subterfuge by altpeahead. Isn't puddonhead's post about a dispute over a couple months of rent after breaking a lease?

  • Quick Reply:  Have something quick to contribute? Just reply below and you're done! hide Quick Reply
     
    Click here for full-featured reply.


Disclaimer: By providing links to other sites, FatWallet.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to FatWallet.com.

Thanks for visiting FatWallet.com. Join for free to remove this ad.

While FatWallet makes every effort to post correct information, offers are subject to change without notice.
Some exclusions may apply based upon merchant policies.
© 1999-2017