Students stand up to landlord for refusing to repair heating, withholding rent and later winning lawsuits against them: 'The judge finds for us for double damages'

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Brad Dickson • Managing Editor
Aug 7, 2024 10:00 AM EDT

For some reason, there's a log of predatory landlords going on in and around universities. Something about the melting pot of higher-density areas, where tens of thousands of desperate students are vying for limited accommodation.

The entire system further holds student tenants hostage based on the fact that they need references from previous landlords to get accommodation for the upcoming year. The problem is that, as a young student, you're very limited in your options for previous references. Every landlord in the area knows this and knows that likely the only references students will have will be from other shady university housing landlords—and the only way students will have a reference from them is if they shut their mouths and allow themselves to be pushed around. So, basically, a reference on your application is just a signal that you're capable of and willing to be pushed around and have your entire deposit pocketed by the landlord of the place you're applying to. 

Three out of the four years I lived at university, we had our deposits kept for no reason, despite not having large gatherings and generally taking good care of the dilapidated housing for which we were paying top dollar. There was the house that flooded, the house that was never cleaned before we moved in, and the apartment manager who lied and tried to keep our deposit with nothing to back up their claims. We might as well have just partied and trashed houses anyway since we were never getting deposits back, but for some reason, that thought never occurred. To be fair, I'm not sure renting has gotten much better since then, but it's not really like it could have gotten much worse.

The story shared here is an internet classic, but I felt it would be topical and a good time to rediscover it and discuss the topics it addresses since university students all over the country are probably currently considering their next accommodation in preparation for Autumn courses. This student turned the tables on their landlord by being generally just on top of things and being willing to fight for what was right and just. 

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  • 01
    "The court sent the sheriff to their offices and confiscated office equipment..."
    via Wesley Tingey
  • 02
    I was a kid back in the 80s 2 years out of college when I moved into an apartment by the shore in NJ. When the cold weather arrived, there was always a few days when the apartment was cold, we would tell the super, and then the heat would start arriving. One year the heat started decreasing in February, and inside the apartment was like in the 50s and we had to start wearing coats. We told the super about it and nothing happened this time. We wrote the landlord about it, and still nothing. So we
    via u/calcteacher
  • 03
    So yet another certified letter to the landlord and we start withholding rents. He files a motion to evict us and we answer with the Marini defense, depositing the withheld moneys with the court. The judge finds in our favor for all the money with withheld. We continue to live there because there just aren't many other options as we save for a home.
    via u/calcteacher
  • 04
    I was a kid back in the 80s 2 years out of college when I moved into an apartment by the shore in NJ. When the cold weather arrived, there was always a few days when the apartment was cold, we would tell the super, and then the heat would start arriving. One year the heat started decreasing in February, and inside the apartment was like in the 50s and we had to start wearing coats. We told the super about it and nothing happened this time. We wrote the landlord about it, and still nothing. So we
    via u/calcteacher
  • 05
    So yet another certified letter to the landlord and we start withholding rents. He files a motion to evict us and we answer with the Marini defense, depositing the withheld moneys with the court. The judge finds in our favor for all the money with withheld. We continue to live there because there just aren't many other options as we save for a home.
    via u/calcteacher
  • 06
    Flash forward to living there for 6 years, on the last lease because we are about to buy a home, we write in a clause that we can break the lease with 45 days notice in writing, similar to his 45 day clause. They don't notice it because it's slightly obscured on the top left of page 2, so they sign off on it and return it to me. So in the middle of the lease, we give the 45 day written notice, make the rent payments, and leave. They don't. return our deposit, so we sue for it, demanding double.
    via u/calcteacher
  • 07
    We arrive at the courthouse and court forces a round of arbitration. The arbitrator says we will lose in front of the judge and to pay the rent remainderments. We refuse and wait for the judge. While waiting the landlord's attorney drops by and asks why we didn't take the arbitrator's advice, so we tell him about the clause we wrote in, and he states he saw it too, and that since it was crossed out, it's not part of the deal. We show him our copy of the lease where it's not crossed out, and his
    via u/calcteacher
  • 08
    and return our security deposit in full. We refuse, and we show him the certified letter stating that we would have accepted that deal up until yesterday, but that if you force us to come down to court, we want double damages of the improper withholding of the security deposit. He tries again to reach out to the landlord, but no luck this time.
    via u/calcteacher
  • 09
    We go to see the judge. He looks at both leases and calls their attorney to the bench. The judge takes our lease, and thrusts it toward their attorney and says, "This is the lease in force." Their attorney starts walking around the courtroom like a chick with his head cut off, while I try to laugh as quietly as possible. The judge finds for us for double damages.
    via u/calcteacher
  • 10
    We receive nothing for a week, and I go back to the courthouse where the clerk says, they should pay that judgment immediately, and tells us about chattel execution, and gives us that form. A couple of weeks pass, and a check appears from the landlord.
    via u/calcteacher
  • 11
    Another month passes and we get a call from the court. They have our money. I told them the landlord had sent a check a while back so all it good. She tells us that we should have informed the court that we got the money to stop the chattel execution from occurring. The court sent the sheriff to their offices and confiscated office equipment and sold it at auction to satisfy the judgment ! They said don't worry, they will just return the money to the landlord. That is the revenge, getting the mo
    via u/calcteacher
  • 12
    techieric This is the best post in a long, long time. calcteacher OP I'm glad you enjoyed it! It was fun to relive it.
    via u/calcteacher
  • 13
    penkster Just a great reminder that renters should always know their rights. You played this perfectly, 100% legal no shenanigans. Well done! calcteacher OP Thank you! I've always been a straight shooter. Takes bow
    via u/calcteacher
  • 14
    anomalous_cowherd Sounds like it was all totally justified, but in some places adding a change to the contract like that only works provided you have drawn the attention of the other party to it. Although in this case I guess you could say the fact they had crossed it out proved they were definitely aware of it at some point.
    via u/calcteacher
  • 15
    à calcteacher OP Since he had a similar clause to break the contract in writing in 45 days, in New Jersey that right is transferred to me also even though it wasn't written. All's fair in love and war.
    via u/calcteacher
  • 16
    Frexulfe Reminds me of a Landlord in a northern city in Germany. He would rent to students and didn't fix anything, and the students wouldn't pay the rent, withholding it. That happened again and again, and students would happily rent his places (all old buildings with tons of troubles) just having in mind. withholding the rent. Yes, they lived shittily, but you know, as a student money is more important.
    via u/calcteacher
  • 17
    Important, he never did a written agreement and he would often sue the students, and the judges would dismiss the case. Once, the Judge, knowing the Landlord, while in the hearing, he proposed: "Mr. Hans Landlord, why don't you just make a written contract with this student, and start over?"
    via u/calcteacher
  • 18
    The Landlord, irate, replied: "I don't want to reward this person with a written contract and letting him living in my property!!!" The judge, barely holding the laughter: "I don't think it is a reward to live in one of your properties" All, besides the Landlord, laughed.
    via u/calcteacher
  • 19
    whosthatgirl79 Excellent!! I've been through something similar. The satisfaction when the judge sides with you just fills you with pride and conviction. calcteacher OP I actually did laugh out loud as quietly as Possible in the court Room.
    via u/calcteacher
  • 20
    Agreeable_Ambassador Love this! I've had to threaten my landlord with legal action for trespassing on the property and giving no notice. to visits, so I understand how stressful it is to fight with your landlord, but I'm glad it worked out for you and he got what he deserved! calcteacher OP Thank you. I learned as I went along. Takes yet another bow
    via u/calcteacher

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