Not allowed amenities!!!

[esmarlea]

What is the name of your state? FL

I have lived in a apartment complex for almost a year. I have recently found out that my roomate is a convicted FELON who commited murder. This is just the beginning of my problems. Everyone in the apartment has individual leases but the utilities are in my name. He owes me for months of utlities. I ask the front office what to do ... they tell me I am out of luck. I explained to them my concerns and what they planned to do about it. They said NOTHING. So, now I sit in the club house and offer my experiences to new applicants. Obviously, the parnets of many of these college students looking for apartments are concerned for the well being of their children and leave the complex.

NOW, the office has denied me access to the GYM, POOL, REC-CENTER and CLUB HOUSE. It is said that I am TRESSPASSING! Is this LEGAL?!?! What should I DO!

 

[BelizeBreeze]

Hold your lease up to the monitor so we can read it and give you an informed opinion.

 

[esmarlea]

Amenities?

Fl.


It says nowhere in the lease that I am previledged to amenities. However, the Florida Landlord Tenant Law states that ....

83.64 Retaliatory conduct.--
(1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or
threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the
tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith.
Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:
(a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building,
housing, or health code of a suspected violation applicable to the premises;
(b) The tenant has organized, encouraged, or participated in a tenants' organization;
(c) The tenant has complained to the landlord pursuant to s. 83.56(1); or
(d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682.
(2) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for
possession.
Florida Landlord Tenant Law - Page 14 of 16
(3) In any event, this section does not apply if the landlord proves that the eviction is for good cause. Examples of good
cause include, but are not limited to, good faith actions for nonpayment of rent, violation of the rental agreement or of
reasonable rules, or violation of the terms of this chapter.
(4) "Discrimination" under this section means that a tenant is being treated differently as to the rent charged, the services
rendered, or the action being taken by the landlord, which shall be a prerequisite to a finding of retaliatory conduct.
CHAPTER 83


DOES THIS APPLY TO ME?

 

[south]

Escaped felon or convicted and released felon?

If the latter sorry you cannot be tried twice for the same crime that would be double jeopardy, he has paid his fine to society, what ever he did they thought it was not big enough a problem to release him.

Your roommate owing you for utilities has nothing to do with management.

Sounds like you have been denied access because you are a major troublemaker and perhaps causing a disturbance in the building.

It also sounds like you are affecting and screwing the business being run there by the owners by sitting their telling their new applicants slanderous stories, because you want the owners to be responsible for your actions.

Snif Sniff smells like blackmail looks like blackmail

What is the name of your state? FL

I have lived in a apartment complex for almost a year. I have recently found out that my roomate is a convicted FELON who commited murder. This is just the beginning of my problems. Everyone in the apartment has individual leases but the utilities are in my name. He owes me for months of utlities. I ask the front office what to do ... they tell me I am out of luck. I explained to them my concerns and what they planned to do about it. They said NOTHING. So, now I sit in the club house and offer my experiences to new applicants. Obviously, the parnets of many of these college students looking for apartments are concerned for the well being of their children and leave the complex.

NOW, the office has denied me access to the GYM, POOL, REC-CENTER and CLUB HOUSE. It is said that I am TRESSPASSING! Is this LEGAL?!?! What should I DO!

 

[longneck]

I ask the front office what to do ... they tell me I am out of luck. I explained to them my concerns and what they planned to do about it. They said NOTHING.

Hey, you're the one who signed the lease making you and your roommate solely responsible for the utilities. So now YOU have the option to take him to small claims court over the cost of the utilities, plus associated court costs. (hint hint)

DOES THIS APPLY TO ME?

Depends. If your lease or community rules had guaranteed your right to use those facilities, you might have had a well-insulated snowball's chance in hell of winning a civil suit.

But if the lease and community rules had been set up like the ones I'm currently living with, then no. On the subject of access to ammenities, my lease defers to the community rules, which state that "use of the facilities for other than the intended purpose or in a disruptive manner" may result in revocation of access right to ALL of the ammenities. And you are definately being disruptive in the club house. Uninsulated snowball's chance in hell of winning in this situation.

So, on the snowball scale, you chances of winning fall somewhere between an uninsulated and a well insulated snowball' chance of not melting in hell.