WTF should I sue?

Discussion in 'The Howard Stern Show' started by Time Bandit, Jun 28, 2016.

  1. Time Bandit

    Time Bandit Well-Known Member

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    ok I gave notice to move as required by contract (10 notice to vacate). My payment is due july 7th. Not counting the 7th counting backwards..6th being day 10, 5th being day 9 and so on makes monday day 1. I gave notice monday.. The storage company says I gave 9 days. Can I sue for return of my deposit?
     
  2. ScottBaiosPenis

    ScottBaiosPenis Well-Known Member

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    Sue everyone

    Punitive Damages


    Can i sue you then, sir
     
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  3. Walygatr

    Walygatr Well-Known Member

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  4. Mr. Meatkabob

    Mr. Meatkabob Unsticking the Bat Wings

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    What does your rental agreement say? The key consideration is whether the due date of payment can count as the tenth day of the notice, or whether the tenth day must have passed before the payment due date. If the former, you're good; if the latter, you're not.

    This is not factoring in whether weekends and holidays can be counted as part of the ten days. You will want to be clear on that if you are going in front of a judge. If your agreement expressly excludes weekends and holidays as part of the count, the judge could deny your claim, even if the storage company didn't catch that.

    Assuming the law is on your side, is it worth the hassle to sue? How much is the deposit?
     
  5. Time Bandit

    Time Bandit Well-Known Member

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    I sue for principle..
    the contract says "tenant shall give 10 days notice" that's it, open to interruption is my view.
    you see how I counted, I did not include the due day..they say the notice had to be a day before day 1..that then is 11 days notice by my math. And I think not counting the due day as a day could also be disputed. Thoughts?
     
  6. reno

    reno VIP Extreme Gold

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    I'd rent another unit and store dead fish in it. That would learn them.
     
  7. Mr. Meatkabob

    Mr. Meatkabob Unsticking the Bat Wings

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    Don't count backwards. Count forward from the date you gave notice. You never count the day you submit the notice. Day one is the day after you give notice. You gave notice on Monday, 6/27. Day 1 = 6/28. Day 10 = 7/7, which is the payment due date, assuming you're allowed to count weekends and holidays. You're right on the bubble. Whether you can count the due date as the tenth day is critical.

    Unfortunately, "open to interpretation" is not a legal principle. The judge won't care how you've interpreted it. S/he will rule according to the law. Check the laws in your state regarding how days in a notice requirement period are counted. You'll need to know that before you sue, unless you don't mind running the risk of having the judge toss your suit and awarding court costs to the storage company. When in doubt, consult an attorney. Of course, attorney fees will almost certainly cost you more than your deposit.
     
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  8. Time Bandit

    Time Bandit Well-Known Member

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    I have several units there...nitpicking me for a day rubs me the wrong way..and I gave notice on time bmpov.
     
  9. Mr. Meatkabob

    Mr. Meatkabob Unsticking the Bat Wings

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    That's a good point. If you're only giving notice on a single unit, and you're continuing to rent others, then I'd lean on them hard in the name of customer service. Tell them they're stupid to run the risk of alienating you over one day of a notice requirement on a single unit. Threaten to cancel all units, and tell them you'll give them bad word of mouth, as well as bad online reviews. Small local business really hate bad online reviews.
     
  10. SuperFarts

    SuperFarts Well-Known Member

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    I'll allow it.
     
  11. Beth143nacho

    Beth143nacho Well-Known Member VIP

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    Suing for principle is retarded. Unless you're talking "hey, that big corporation is killing people", you're just a pain in the ass.

    It's likely small claims court. Sue them for damages, give the judge the contract and prove when you provided notice and let him sort it out. You're done.
     
  12. Time Bandit

    Time Bandit Well-Known Member

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    a quick google says the day notice given is counted as a day ...
     
  13. Time Bandit

    Time Bandit Well-Known Member

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    I guess I'm more principled then you..but hey it takes all kinds
     
  14. Mr. Meatkabob

    Mr. Meatkabob Unsticking the Bat Wings

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    OK. I disagree with that, but if you're more comfortable with your research, then have at it. You asked me what I think, and I've told you.
     
  15. Beth143nacho

    Beth143nacho Well-Known Member VIP

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    Seriously, it costs $60 to file in small claims court and the trial is over in a day. Get your shit out and sue them. Don't sign anything that they give you when you leave.

    Done
     
  16. lilbuddy67

    lilbuddy67 A man with breath-taking anger management issues Banned User

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    judge1.gif
     
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