Episode Transcript
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(00:00):
And this is handle on the lawwhere I give you marginal legal advice and
I tell you you have absolutely nocase, which is always a joy if
you ever hear me. When youdo hear me say you have no case,
that's a joy. When you hearme say yeah you got a case,
I sort of mumble through. It'snot like E or yeah you got
a case. You know, thoseare no fund It's telling people they have
(00:22):
nothing, not yet goose egg.That's when I really enjoyed this show.
Eight hundred and five two zero one, five three four. Okay, Oh,
what do we have here, Governorof Gavin Newsom, Oh, this
is a fun one. And thishas to do with a Supreme Court case.
(00:43):
It just came down and it saysthe Supreme Court case said that cities
or states or counties that move encampmentsoff public property and it doesn't matter where
they put these peopeople are not liable. It is not cruel and unusual punishment,
which it used to be prior tothe Supreme Court. In other words,
(01:06):
the court had handed down decisions assaid, listen to the city's counties.
You can move people off the street, sidewalks, parks, under bridges,
not a problem unless they have noplace to go. If there are
no shelters, you cannot enforce anticamping laws or what other laws would they
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be? Vandalism they would still enforce. But garbage littering they could still enforce,
although that goes no place. Butit's mainly anti camping laws because these
are tanted encampments, obviously, andso it used to be that the cities
couldn't move them off, couldn't doit because there weren't enough shelter space.
And if there was enough shelter space, then the city can do it.
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And the reason why the cities couldn'tdo it is because it was cruel and
unusual punishment to move someone out ofan encampment, to clear it out,
to take the tent, just gosomeplace with it, just get out of
here. That was considered a crueland unusual punishment. The Supreme Court said,
no, it's not. Nope,they don't have a right to argue
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cruel and unusual does work constitutionally,which means that what the governor did.
This is Gavin Newsom, the mostliberal governor in the country. He issues
an executive order within days of thatdecision, and he orders the removal of
homeless encampments in California on California landbecause that's the only place he has jurisdiction,
(02:30):
parks along freeways where Caltrans controls CaliforniaDepartment of Transportation, and he is
taking that Supreme Court decision and sayingI can get you out of here.
As a matter of fact, Iam ordering for you to get out of
here. I don't have to worryabout whether there's shelter space or not.
(02:51):
Why would he be doing that,Well, the guy's going to run for
president. He already has the liberalvote. I mean, he's got the
vote on the left. And themore left you are, the more you
like avenues. So why not whynot try to get some people that are
under the right of that. Imean, I'm not really fond of encampments.
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It used to be when I'd gohome, I would get off the
freeway, make a left, andthere would be the overpass as I turned
left down the street to my house, and there it was that were lined
up, these homeless encampments, anda homeless encampment literally under that bridge,
under that overpass from one side tothe other, garbage stream strewn all over
(03:37):
the place, Hey, tell mehow I feel about that one. Huh.
All right, let me go aheadand take some phone calls. Connie,
you've been there waiting there for awhile, so let me go ahead
and answer your question. What's goingon? Hello, Connie? Oh,
Connie's been waiting a long time,and she's not gonna want to hear me.
(04:00):
Uh, Connie, if you're listeningto the radio, which makes sense
because I've let you sit there fora while. Uh, And you don't
pick up the phone because we havea delay. I think it's a minute.
And Connie, you don't pick upthe phone, it's going to be
history for you. Do do dodo do, Okay, I'm going to
give you the benefit and put youon hold and see if you can come
(04:20):
back. Usually it's just a straighthang up. Doug, Hello, Doug,
Welcome, Hi Bill, Hold areyou this morning? All right?
I have a renter uh tenant uhsituation you. I'm the renter, and
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I really got off on the longfoot with these guys from the get go.
And I have a tire laundry listof things that I have agreements and
today have okay, And I wasjust wanting to play a couple of them
Mania and so sure, Okay,this is a Pacific at California. Okay,
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we're already going no, no,no, no, we're already going
way too slow. Just give methe list. I don't care if you
live in PACIFICA, which I don'tthink has that rank control. But go
ahead, just give me the list. What's wrong with the place? I
ran the place online? I showedI had a broken leg at the time
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I pulled the guy told him,look, I need a downstairs place broken
like I chow up and the stairseverywhere. Okay, so you just say
no, okay, you don't havea case. All right, you don't
have a case. Did you movein? Okay, did you move in?
But did you move in? Yeah? Why if you need if you
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don't, if you need a placethat's on the ground floor and you have
a bum leg, why would youmove in? I had the movers and
everything here, and do why?Okay? You so you you you you
rented a place online and you hadnever seen it. You never went there?
Correct? Correct? Oh, okay, that's that's genius. No,
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you have no case there? Okay, next, okay, the second one.
Last November, the heater in myapartment went out Okay, there's a
small little phony fireplace heater in here. The guys that took the heater out
said, look, that would workjust hard. Well, it did work
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just fine. By the electric billwas about two hundred dollars a month more
than it was before, based onwhat I don't understand if they took if
they took it out, you needbills. Okay, they went up two
hundred dollars more because of why sorunning this little uh folky? Uh?
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Why didn't you use the other one? Why didn't you use the heater that
was already there because it was broken? Okay, you got a case on
that one, all right, yougot a case, so you withhold that
part of the rent. You justsay, okay, if it's my bill
went up two hundred dollars, Iam deducting two hundred dollars. That's the
way I would do it. Butyou just paid the bill, right,
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yeah, okay, for how long? Well the crucial months had been thorough
receive. How long I don't carethe crucial months? How long have you
paid the bill? Oh? Thewhole time? Yeah? Oh what does
that mean? The whole time?How long is the whole time? How
long have I paid the bills.How long have you paid the extra two
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hundred dollars? I am so closeto bailing out on this one, Doug.
How long have you paid the extratwo hundred dollars? Four months?
Four months? Okay, so you'reout eight hundred dollars. Fair enough.
Yes, you have a case onthat one, and a bunch of different
ways you can withhold the rent.You can sue in small claims court.
So number two you have sort ofa case. Number three, Number three,
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I've tried to contact them by phone. I've went and got my my
bill from my phone company, wentto every phone number. I've called these
guys the last four months. Okay, you withhold the rent? All right?
You withhold the rent? You sayI can't read you. That's that.
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Let's you know you have some ammunitionthere and you're not taking advantage of
it. Uh So I wish wecould go to number four or five or
six, but I don't have time. Yes, the point is, you
have uh, you have some uhsome kind of Yeah. I think you
have some rights. And what youwant to do is that there are places
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organizations that are renter's rights organization,and they're all over the state and I
would contact one of those, oryou can limp to the nearest office,
drag yourself because you know if yourlady is still good, and contact one
of them, just to give yousome information. Because this phone call would
go on for another forty five minutes, I'm surprised we'd lasted that long.
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Connie, will try you one moretime. Hello, Connie. Okay,
that was second time, by theway, second time out, and Connie
waited a while too. Connie,you're gone all right? Now we move
on. Michael, Hello, Michael, welcome, Hey, Bill handle,
I got a question for you.Okay, yes, sir, care of
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it eight. I take care ofher. Eighty three year old lady.
About twenty years ago, her herhusband died, so she wanted to leave
the house to her to the oldestdaughter. But what happened, her son
came down from up north. Theywere going to go to Donkey Signs.
She took three of her sons upthere. When she got there, she
had a bath stomach ache, sothe lady said, let me see your
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driver's license. She went to thebathroom. She came back and the lady
said, don't worry, everything's signed. You don't need to sign nothing.
What happened The son took the houseand her two and one's a drug addict
and the other one trying to killher. And so the other day she
got a phone call because one ofthe son is trying to sell the house
behind her back. So she doesn'tknow what to do. Yeah, okay,
(10:16):
all right, Okay, got it, got it, got it,
got it understood. Uh And shedidn't know she was defrauded, So I
don't believe there's a statute imitation limitationsthere. So now, who would have
inherited the house the original it wassupposed to go to who they was supposed
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to go to? The daughter?Okay, the daughter? So did she
leave a will or a trust?Yes? But she did it over legal
zoom, and it doesn't matter,doesn't it doesn't matter? I mean,
that's kind of stupid. But didshe is it? Is it? If
I don't, I don't have infront of me. But if it is
a valid trust or a valid will, it would have to be a will
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because the trust, well, no, she could be a No, she
could be the trust door and stilltransfer the property. Okay, so the
daughter is the only one that hasa claim here. Okay, it's that
simple. No one else has aclaim, So the daughter has to make
a claim, and the daughter hasto go into court stop the sale of
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the house. A judge will orderthat everything be stopped right now, based
on an allegation that the daughter makeswith any evidence whatsoever. The problem is
that at this point Mom is stillalive. Is Mom alive? Did we
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just lose you? Oh? Maybeit's the phone system, you know.
I mean that was going to goon. That wasn't bad at all.
All right, let me try anotherone. I got a lot of trust
question today. Hello Joseph, Heyyou doing Bill. I just had a
quick question about you. Advise methat my sister asked give me a copy
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of the trust sixty days after mymom died. I take care of her.
No I didn't. I just saysixty days if this is a statue.
But she has to give you acopy of the trust. Well,
actually she has to give you acopy of the trust virtually immediately after your
mom dies, if she's the trustee. Oh really yeah, and you are
the beneficiary. So yeah, it'snot like maybe it is within sixty days,
But I don't think there's a specifictimeline. And when you know,
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a reasonable time, reasonable time tome under these circumstances is pretty damn quick.
So what happened at this point,Joseph? Well, what I need
to do is I have a milliondollar house and she was supposed to separate
forty thousand dollars and she need anew air conditioning and heating system of the
Okay, hang on a minute,none of this makes sense. You have
a million dollar house yours right?Yes? No, thirty percent all three
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of us? Okay, thirty percenteach of a million dollar house. Has
it already transfers to the three ofyou? Or is it in the trust?
Still? It's in the trust?Okay? And who is the trustee?
My sister made herself the trustee?No, someone else made her the
trustee. You don't make yourself atrustee? Well her lawyer? Well?
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No, who owned the house beforeit was put in the trust? Uh?
My my cousin, Matteil, whodied. And so that's why I
went. Okay, did Mateo thematel owned the property and then he put
it into the trust? No,he was a trustee. And who put
it into the trust? Who putit into if he is the trustee,
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he doesn't, he is the trustee. He doesn't make himself the trustee who
owned the property that went into thetrust my mom. Okay, is fair
enough. So your mom puts itinto the trust. So, uh,
Matteos does not put himself as atrustee. Your mom named the trustee.
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No, he's out of the picture. My sister made her self trustee.
You can't make yourself a trustee.You can't unless it's in the trust unless
I either a court orders it ifit's blown up, or you don't know,
or the trustee is named by thetrust door. Well, the lawyer
wrote up the trust. Okay.The lawyer rode up the trust on behalf
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of your mother. Correct. Correct, Okay, she named the trustee.
The lawyer did on her behind.Yeah, correct, what No, I'm
done, can't do it, can'tdo it. I'm gonna blow my brains
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(14:48):
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So go to NetSuite dot com slashhandle. Net suite Suite is an office
(15:54):
suite NetSuite dot com slash handle.Hello David, you're up, Hello Bill.
Yes, I live in a mobilehome park. I own the house,
I rent the land. Yes,there are trees on the common property
that the mobile home park says,it's their responsibility to trim the trees that
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they own on the land that Irent. They say, are my responsibility
to trim as well? Okay,who do you? Who do you pay
rent to the mobile home park?Yes, yeah, that's their responsibility.
They own the land, David.They own the land. It's that simple.
And they're they're responsible for maintaining theland. So yeah, I mean,
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there was it was it was inthe lease that that they are responsible.
Then that's easy. Then they're responsible. That's all. They're responsible.
And then it gets to let themknow you're responsible. Read the lease and
if they say no, thank you, we let them know the police that
it's in the least that I'm oh, oh I'm sorry, then you're responsible.
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If that's the least you're it says, right there, you've agreed to
be responsible. What am I missinghere? Is correct? Yeah? What
are we missing? Nothing? You'resaying what I thought you were going to
say. Yeah, there you go. Yes, I sign an agreement,
and do I have to maintain thatagreement? Yes, you do, no
question about it. That was agood phone call. Uh, David,
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Hello David. No one welcome.Is this David Kay? No, you
are David Kay. I am BillHandle. Oh nice to meet you.
Nice to meet you. I'm aBirmingham High School nineteen sixty. Wow.
Wow, Birmingham Highs where I wentto school. This is in the San
Ferano Valley, Los Angeles. Whendid I graduate? Nineteen? I think
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you're in school at the same time. Wow, think you we were?
I think you were a chef infront of me in English class. I
think I must have Yeah, who'syou have for English culture? No?
No, no, I didn't havehim for English. Do you remember do
you remember mister Do you remember mistermister Ramirez? Of course, yeah,
(18:12):
he was a Yeah, you bothhad mister Ramirez. I loved him.
Uh he would Uh he was fantastic, such a misogynist. He taught history
and he was this just an asidefor people that are listening. Mister Ramirez
taught history and uh, you tellme you can get away with this one
today. He would actually in thetest say things like ask about Pocahontas,
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and he would say, from theback, she looked like Elsie Summer.
From the front, she looked likeSophia Laren. You would have to answer
that just like that. Oh God, I miss you. Okay, what
can I do for you? Davidk Okay, So Bill, I was
an independent contractor for one of themajor food delivery services for four straight years,
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Top Producer, and at the endof November of last year they deactivated
me. They gave me some thereasons. I appealed. They rejected my
appeal. So I was out ofout of work, and six months went
by, and during that six months, I've heard that you can reapply after
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six months. Okay, I'm allconfused, David. When you say you're
an independent contractor, what did youdo for them? I was I picked
up and delivered free? Okay?Was it in your truck? I guess
it was, yes, my car. Okay, got it all right.
Did you have a contract with them? I mean, I don't I suppose
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it's a contract. No, no, no. Did you have a written
contract with them saying for X periodof time this is what the terms of
the contract or? They just hiredyou to drive around and they just kept
hiring you forever you have the laddOkay, got it all right? Then
they fired you for no reason orfor any reason they gave me. They
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gave me reasons. Okay, whatare the reasons? What were the right
you appeal? What is that youappeal to whom? David? It goes
to the certain department within the corporation? Oh, got it? Okay,
so there's a okay, got it, all right? And then they turned
you down and you're done, allright? And within their policy internal policy,
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uh, you can't file again withinsix months And they said, no,
you can't file or I sort ofheard that as a hearsay, No,
no, you can't do that.You have to look at their policy.
You have to look at their policy. Okay, I understand. But
what happened was, at the endof six months from the point of deactivation,
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I said I'm a message saying I'dlike to get back to working for
you. They responded within two daysand said you can start back immediately,
and there was no reason for yourdeactivation. You have no violations, okay
to any of our policies. Allright, now they're telling me all of
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a sudden that they deactivated me forno reason. Yeah, okay, So
what's your question? Do you haveany recourse? Nourse? No? Are
you in California? Yeah, I'min Los Angeles, Okay, So let
me tell you what the rule isin California, which is interesting enough because
you think California would be one ofthe most liberal states and it's not.
In this area. Is a companycan fire you. And in this case,
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you're not an employee, but ifyou were an employee, a company
can fire you for any reason orno reason. Literally, I woke up
this morning, David, I've decidedI don't want you to work for me
anymore. Goodbye. And there's noreason. The fact that you were a
ten ninety nine employee, the factthat you were an independent contractor. They
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can drop you at any time underany circumstances, as long as it's not
on the basis of race or creedor gender, religion. So no,
unless you are a black woman,Muslim in a wheelchair and they're firing you
for that, no, well you'reout a lot. If they're willing to
(22:30):
get back, if they're willing torehire you, jump on it. If
they're willing to rehire you, justjump on it. Oh, Linda,
Hi, Linda, welcome, Goodmorning, Bill. Yes, nice to
chat with you. Yes, Iwanted to ask you about my mom's trust.
She passed away a couple of yearsago, there were two executors.
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One is my sister and one ismy stepdad's son. Okay, those are
two trustecutors. Okay, to trustees, okay, no problem. Yes,
so it's pretty cut and dry.It's basically divided up between five kids.
But the step brother has been hewouldn't use the trust lawyer. He had
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to get his own. Then hestarted demanding all of this information. He
wants their past taxes for twenty years. Once whose past tax? Once?
Whose past tax? Yes, mymom and my stepdads and and your mom
and your stepdads are the trustees?Correct? They are the or they the
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beneficiaries. I'm a little confused here, which one? What are they?
No? No, it probably what? Uh? What is their relationship to
the trust? It is their trustIt is my mom and my stepdad's true.
Oh so they are the trust storesthey made the trust correct? Okay?
And are they still a lot?No? Okay, they died.
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So the trustee is the brother inlaw wants the taxes from the trust,
doors from your mom and your dad. He wants the taxes from them,
right, right, and and manymany many other things. Well he's allowed.
Well, let me tell you heis certainly allowed to ask for the
taxes. That is one, becausehe has a responsibility of paying the taxes
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first on any property, on anyassets, on any income of the trust.
He has to the trustees have topay the tax and then distribute what's
left. Okay, So that one'slegitimate. What else, Okay, he
wants my mom had a account ata credit union from where she worked years
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ago. He wants all the statementsfrom that going back like ten years.
All right, Well, okay,I mean that is a little bit.
That's a little bit extensive. Buthe can't if it belongs to the trust,
if that credit car, if thatcredit account belongs to the trust in
the credit union, then he hasthe right and has a duty and obligation
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to investigate it and has a dutyand obligation to find out and grab it
and put it into the trust.Now, if it turns out that it's
not in the trust the then he'sdone. Then he's done. So far,
it doesn't seem that he's doing anythingcrazy. But let me ask this,
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how much money is in the trust? Are we talking about about nine
hundred thousand dollars? Okay, Sothat's a good chunk of money, and
he has a lawyer, and throughhis lawyer, he's asking for all this
information. Yes, every month isthe new list? Okay, Well,
it gets to the point where it'snot reasonable. You have to ask the
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trust attorney what's reasonable and what's not, because if he has his own attorney,
then the lawyer for the trust representsthe trust and you go, at
what point does this stop? Andthe true attorney you'll tell you he's drawn,
he's gone over the line. Upto this point, it's reasonable.
What he's doing going back ten yearsis crazy because there's no tax owed under
(26:10):
any circumstances ten years ago except statetax that one goes on forever, never
in California. So you have totalk to the trust attorney. I think
it's a combination of him asking forreasonable, him reasonably asking for information,
and him going over the line andasking for stuff he has no business asking
for. So could out the trustlawyers say that's enough, We've given you
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everything you've asked for over the lasttwo years. We're absolutely ready to distribute
yep. Okay, And if heisn't. If he isn't, the other
beneficiaries file a lawsuit against him orthe trust lawyer files a lawsuit against him
and that money comes out of thetrust. So he if he is a
beneficiary, then effectively he is paid. He's helping to pay for a lawyer
(26:56):
to go against him, to goagainst him. That's the way it works.
Here we go, Pamela, Hello, Pamela. Welcome. That easy
name for me to remember my daughters. Oh yes, hi, yeah,
okay, what can I do foryou? Pawa? I am? I
am probably so question I lived.I lived in the apartment complex for a
(27:19):
little bit over five years and I'mstill in the same complex. I had
a one bedroom, but I justupgraded to a two bedroom, so that
about two years in. Uh,there's new owner. So the new owner
never had a chance to or expectedany carpeting or anything like that. So
I just continued that out. Butwhen I moved out, in order the
(27:41):
conditions to transfer into another unit,you have to pay this transfer fee,
which was around three hundred or sodollars, which included sorry, you have
to pay hold on you have topay what. I didn't understand that what
kind of fee? They call this? Some kind of inspection transfer? Oh
transfer fee? Okay, got it? Yeah? Yeah, And so what
(28:02):
they do is an initial inspection onthe apartment before they release shoes. It
apply for the fair enough the otherapartment, Okay, So a line item
was carpet cleaning on that after theirinitial inspection. I didn't think there was
anything wrong with the carpet. Iknew it wasn't damage. And it's only
in one small bedroom. The apartmentwas like about eight hundred square feet and
I have a queen size bed inthat bedroom and treasure, so it's really
(28:23):
small. Okay. At any rate, so fastward I moved into the new
place. They calculated their final inspection, and they deducted three hundred dollars for
carpet replacement. Okay, hang ona minute. This is after Wait a
second, this is after you havemoved into the new place. And uh,
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this is and they cleared it foryou. They had not inspected it
yet. Is that correct? Theythey expected the initial inspection when I was
still in the prior apartment, okay, And so the final when you move
out, got it and they're sayingthat there is carpet damage and they want
you to replace or they're going toreplace the carpet in it's three hundred bucks,
(29:07):
right, they did and they deductedit from my deposit already. But
the thing about it is, ontheir initial inspection, it was no mention.
It was just carpet cleaning. Lines. Yeah, no, I understand.
Well, carpet cleaning is different thancarpet damage exactly. Okay, so
carpet so that's a big issue.Carpet cleaning. I mean you can spend
three hundred bucks cleaning the entire apartment. I mean that's easy, you can
(29:30):
do that. So yeah, sowhat's your question, Pamela. So the
thing is, and I said,well, if there was no carpet damage,
I didn't damage the carpet. Itwas just normal cleaning. You put
that on the item that you weregoing to clean it, and that I
was good with that. So thatI said, well, why are you
saying this damage? It was nodamage? And she said, well,
what we do is pull up thecarpeting and we look at the stuff worn.
They said it was damage to thecarpet and the stuff worn. Oh
(29:52):
okay, well yeah, hold ona minute, but you know that doesn't
make any sense. That doesn't makeany sense because you can have sub flooring
damage under the carpet without it showingon the carpet. That's what I'm trying
to say. That's correct, allright, Yeah, no, I see
that. I see that, Andso they just deducted it from the security.
(30:15):
You have a couple of things theyOkay, got it. You can
argue with them and say that I'mdeducting that from the rent. I owe
what you deducted. But then thatgets you into uh, you know,
good luck. And then you havewith the manager you got a or the
owner. You got a really interestingsituation going on there. On top of
that, you could theoretically take thema small claims court to get that part
(30:36):
of your security uh reinstated to yoursecurity deposit. And I don't know if
you can do that. The pointis, are you are they giving you
any kind of a deal on therent? Are you paying market? No?
I'm paying market. And well thenyou start, you know what you
have to start. You have tostart. Yeah, you've got to start.
(30:57):
Okay, you've got to start ourYou've got to start arguing with them,
because let's get practical here. Imean, they're saying one thing,
you're saying the other. They're saying, look at this and final inspection.
You're saying initial inspection and that itdoesn't matter initial inspection because it's before you
moved out. I mean, he'sgoing back and forth, and then the
issue is how angry you want toget these people. I would negotiate because
(31:19):
it's it's not money out of pocket. It's not going to be money out
of pocket until the until the securitydeposit is returned. Well they didn't,
they did, They deducted. No, I understand. But if you're not
seeing money out of pocket until thesecurity deposit is returned, okay, okay,
so now you get to I wouldjust negotiate with them because otherwise,
(31:41):
if you're deducting and you're going throughit or small claims court, you're you
know you're dealing with Unfortunately, you'redealing with these uh you know, your
landlords, and you want to getthem pissed off. I don't think so.
Okay. I want to finish uptalking about your breath, and this
is about Zelman's mean team mouth mints. It's actually not just your breath.
It's about feeling fresh and clean.And I'm not talking about feminine hygiene products.
(32:06):
I'm talking about your mouth and yourstomach feeling fresh and clean. And
that's Zelman's Mintymouth mints. It's tinylittle capsule that you swallow or bite into
mint on the outside and then parsiallysee it on the inside and it goes
to your gut. So the mintpart outside breath, feeling fresh and clean
in your gut starts working on thefoods your stomach that the foods cause bad
(32:31):
breath. That's Zelman's Mintmouthwmen's. Solet me suggest you get hold of Zelmens.
I mean, the product is fantastic, and just go to ze l
M I n s Zelmans dot com, Zelmans dot com for Zelman's Mintymouth Mints
Zelmans dot com and you get fifteenpercent off when you use the code handle
(32:53):
and take advantage of the fifteen percentgo to Zelmans dot com handle at checkout
zelman dot com. And we're I'mabout to bail out of here as I
told you earlier and finished with theshow. However, for those of you
that are on hold, stay put. I am still taking phone calls off
the air and will continue to doso, and you can call in right
(33:15):
now if you're listening and still wanta question answered, because I'm taking phone
calls also as I walk out.So it's eight hundred five two zero one
five three four eight hundred five twozero one five three four. This is
handle on the law