IL: DuPage County
100% innocent here. I was evicted. It was a clerical error. Full stop. I'm not here to say, "I was evicted, but, yeah, I had a pit bull and didn't read the lease". Nope. Incompetent office staff, or whomever, sent the paperwork on my unit instead of "Bob's." They admitted they are fully at fault but don't want to pay for their mistakes. Full story follows, but, I just wanted to ask how far I should take this.
Important: Though this all happened in July 2014, I did not find out about any of this until Sept 2016.
Moved into property in July 2014. Signed, paid, got keys and moved in. Was told to pay rent at the online portal. No checks accepted at property. New user. Portal would not recognize me. Played that song and dance for 13 days with documented calls to the property and their parent corp.
Property manager tells me they'll take a check as an exception because their portal wasn't functioning. Admitted guilt. Have screen shot of when portal became active (the month after moving in). Write a check. Live a feckless existence there for 12 months. Move out in July 2015. Receive pristine rental record. No lates. Receive full deposit. No missed.
FF to September 2016. Over two years later. Try to rent another place. SURPRISE! YOU HAVE AN EVICTION ON YOUR RECORD FROM COMPLEX. Eviction filing with judgment of 1467 sits on the rental screening reports and credit record and has been there for nearly 3 years. I can't get an apartment anywhere. Faced homelessness.
I blew up the phone at all rental property. Lawyer moves. Property manager (old one long gone) moves. Assure me it's their fault. Look at their books. Still their fault. Calls to corporate. Still their fault. Apologies from everywhere immediately to get it removed at the courts.
All parties weep and say it was an automated eviction in their system because they told me to skip the online portal but did not update my status as paid. No communication, so while one party knows this is cleared up, others do not. They caught it later which is WHY I CONTINUED TO LIVE THERE and received full deposit.
After I caused a ruckus, in December of 2016, their lawyer goes to court and "downgrades" "my" "judgment" to satisfied. I had asked for deletion and they assured me of deletion (motion to seal). Apparently, they did not do this, despite admitting this was their error. I never should have had a judgment. No one is denying this fact.
This popped up again in 9/17. New rental company says too bad, so sad; you seem nice, make good money, etc., but rule is, no Judgments, satisfied or not.
Went back to them. This time, I talked to the attorney of the property who was actually intelligent enough to understand. He understood in under 2 seconds that they were at fault and cleaned it up immediately with a motion to seal. Apologies again. Sealed in September.
Here's the rub:
I tell the company I would like the fees that I wasted in applying for apartments reimbursed. That 300 and change. It was their fault, after all. They admit that. Attorney tells me to write up a ledger.
I'm busy. I talk to a couple of attorneys in the meantime. They tell me the rule of discovery applies and I would still be able to sue them for much more than fees.
My question here is: property has offered to refund the fees I spent applying and getting rejected because of their gross negligence. I asked for compensation to damages to my credit. They have violated FDCPA. Property said they think it's fair to refund just the fees and are sending a release with the fees to sign. I think at least triple the fees is normal. Am not being offered that.
I am not particularly litigious and I'm honest when I say this. I don't have time for a long drawn out lawsuit, even if it's done on contingency (I've had different degrees of offers).
Yes, this has hurt my credit and I feel they are really awful for not wanting to compensate for emotional duress and defamation via credit reporting, etc. Credit is recovering after having a false public judgment, etc.
Should I take their "shut up" offer and move on or seek to have a huge battle in court? Chances of taking them to the cleaners?
I was also thinking of reporting the attorney to the ARDC because this is partially his fault. He filed against me and then failed to clean it up properly.
They are sending the release soon. Should I negotiate the lease? will it contain a "shut-up" fee (I plan to review them everywhere. They run on advertising).
thoughts?
100% innocent here. I was evicted. It was a clerical error. Full stop. I'm not here to say, "I was evicted, but, yeah, I had a pit bull and didn't read the lease". Nope. Incompetent office staff, or whomever, sent the paperwork on my unit instead of "Bob's." They admitted they are fully at fault but don't want to pay for their mistakes. Full story follows, but, I just wanted to ask how far I should take this.
Important: Though this all happened in July 2014, I did not find out about any of this until Sept 2016.
Moved into property in July 2014. Signed, paid, got keys and moved in. Was told to pay rent at the online portal. No checks accepted at property. New user. Portal would not recognize me. Played that song and dance for 13 days with documented calls to the property and their parent corp.
Property manager tells me they'll take a check as an exception because their portal wasn't functioning. Admitted guilt. Have screen shot of when portal became active (the month after moving in). Write a check. Live a feckless existence there for 12 months. Move out in July 2015. Receive pristine rental record. No lates. Receive full deposit. No missed.
FF to September 2016. Over two years later. Try to rent another place. SURPRISE! YOU HAVE AN EVICTION ON YOUR RECORD FROM COMPLEX. Eviction filing with judgment of 1467 sits on the rental screening reports and credit record and has been there for nearly 3 years. I can't get an apartment anywhere. Faced homelessness.
I blew up the phone at all rental property. Lawyer moves. Property manager (old one long gone) moves. Assure me it's their fault. Look at their books. Still their fault. Calls to corporate. Still their fault. Apologies from everywhere immediately to get it removed at the courts.
All parties weep and say it was an automated eviction in their system because they told me to skip the online portal but did not update my status as paid. No communication, so while one party knows this is cleared up, others do not. They caught it later which is WHY I CONTINUED TO LIVE THERE and received full deposit.
After I caused a ruckus, in December of 2016, their lawyer goes to court and "downgrades" "my" "judgment" to satisfied. I had asked for deletion and they assured me of deletion (motion to seal). Apparently, they did not do this, despite admitting this was their error. I never should have had a judgment. No one is denying this fact.
This popped up again in 9/17. New rental company says too bad, so sad; you seem nice, make good money, etc., but rule is, no Judgments, satisfied or not.
Went back to them. This time, I talked to the attorney of the property who was actually intelligent enough to understand. He understood in under 2 seconds that they were at fault and cleaned it up immediately with a motion to seal. Apologies again. Sealed in September.
Here's the rub:
I tell the company I would like the fees that I wasted in applying for apartments reimbursed. That 300 and change. It was their fault, after all. They admit that. Attorney tells me to write up a ledger.
I'm busy. I talk to a couple of attorneys in the meantime. They tell me the rule of discovery applies and I would still be able to sue them for much more than fees.
My question here is: property has offered to refund the fees I spent applying and getting rejected because of their gross negligence. I asked for compensation to damages to my credit. They have violated FDCPA. Property said they think it's fair to refund just the fees and are sending a release with the fees to sign. I think at least triple the fees is normal. Am not being offered that.
I am not particularly litigious and I'm honest when I say this. I don't have time for a long drawn out lawsuit, even if it's done on contingency (I've had different degrees of offers).
Yes, this has hurt my credit and I feel they are really awful for not wanting to compensate for emotional duress and defamation via credit reporting, etc. Credit is recovering after having a false public judgment, etc.
Should I take their "shut up" offer and move on or seek to have a huge battle in court? Chances of taking them to the cleaners?
I was also thinking of reporting the attorney to the ARDC because this is partially his fault. He filed against me and then failed to clean it up properly.
They are sending the release soon. Should I negotiate the lease? will it contain a "shut-up" fee (I plan to review them everywhere. They run on advertising).
thoughts?
Eviction Process: Evicted Due to an Accounting Error by the Landlord
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