I've got a very lengthy, seemingly complicated situation, and am really unsure how to proceed. I have a feeling most here will tell me that I need to contact a lawyer, but I really cannot afford one at this time, so I will be very grateful for any feedback. I've taken out any info that can be linked to my apartment to protect my case.
In October of 2004, I was evicted for non-payment (due to reasons that will be discussed shortly) and I was locked out of my apartment in Las Vegas, NV. During this time I did not have family to stay with and stayed in a motel while I attempted to get the funds to be able to move and store my possessions that were locked and safe in the apartment. Now, I have had many bad experiences when trying to use the law that is supposed to be there to protect me, and it ends up protecting those that have wronged me. So I kept an extensive log of everything that happened and the details surrounding each event:
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1st week of July:
Thermostat problems begin:
Sudden nighttime electrical storm caused the main thermostat to make a loud popping sound. From that point on it did not properly shut off when reaching the correct temperature.
3rd week of July:
Initial contact to resolve thermostat issue:
Contacted leasing office to place a ticket for the thermostat issue. A maintenance call was scheduled.
Next day:
A Maintenance tech arrives to check the thermostat:
He checked the thermostat and confirmed that it was in fact broken and told me that he would order a new unit.
Second week of august:
Contacted office to check status of thermostat:
I was told to contact the original tech for current status. He stated that only his boss could place the order, but that he was out of town. When he returned at the end of the week he would order the parts.
Last week of august:
New utility bill arrives:
Received an extremely large electrical bill nearly 150% larger then normal
First week of September
Status check on thermostat:
Upon payment of rent + Utilities for September, I enquired on the status of the thermostat. The office personnel stated that they had no record of a maintenance request. She stated that she would create a ticket.
Same week:
Received letter stating that Viterra to calibrate meter
At the time of calibration, I asked the technician if my problems were common, he stated that it was an issue that could only be resolved by the apartment maintenance, but he did agree that the customer service I was receiving left much to be desired.
Same week:
Maintenance tech arrives to check thermostat
He explained that the thermostat was never ordered due to the fact that it would require a complete hardware upgrade (costing over $1000.00) since the existing thermostat was no longer being manufactured.
Essentially I felt that I was told that I had no options other that to be on constant watch of the thermostat.
9/30/04 (Thursday)
Received bill from Viterra for $157.75
10/01/04 (Friday)
Rent (760.00 + 157.75) = 917.75
10/02/04 - 10/04/04
Was unable to amass roommates portion of 1/2 of rent + extra utility costs
10/05/04
Five day notice arrives:
Total amount due with additional late fees:
917.75 + 60 = 977.75
10/13/04
Had made every effort to obtain the total amount due.
Total amount due had risen to nearly $977.75 (actual monthly rent: $760.00)
I did not attempt to make a partial payment due to a previous instance where I received a publicly audacious explanation on how partial payments are never accepted.
10/14/04 12:00pm approx.
Eviction Served.
I was hurried into retrieving whatever I was taking at that moment while my apartment was seemingly searched room by room. A door that my roommate had a key for was kicked in by maintenance to search that room as well as the rest of the house.
Was very disturbed by the obviously calloused and violent forced entry and room-to-room search by both the Constable and what seemed like most of the apartment staff and maintenance crew.
10/22/04 afternoon
I had overheard rumors of a person(s) planning to burglarize my now “locked-out” residence.
Fearful upon receiving this information, I personally contacted the apartment manager (Amy ________ ) to relay my fears and inform her of the aforementioned rumors. She asserted to contacting the “Security Patrol” and informing them of the situation.
I was also told that if I had not had “such people” visiting me, that none of these problems would exist.
10/28/04 Approx 19:00
I’m given information about a possible break-in the day before from a reliable source.
I make the decision to investigate the validity of the aforementioned source by examining the exterior windows of the apartment.
Upon examination of a few strategically placed items (viewable from the outside, that would be difficult to either mistake for anything other than what it is, and certainly on or near items of value). I had noticed that the computer joystick that was sitting on top of the television in the master bedroom was no longer visible thru that window. I also noticed that the kitchen window blinds were grossly slanted in comparison to the previous day.
Upon examination of the constable sticker on the front door, I noted that it had been neatly cut hiding the fact that the seal had been violated.
As I was leaving the second floor walkway of the building, I encountered my next-door neighbor (Eddie _______, *************) and asked him if anything odd had occoured recently. He informs me that someone had attempted to break into his window at approx 05:30am 10/27/2004. He stated that he saw 2 white males, one in his late 40’s and recognized one of the men to be someone whom was a previous resident in my unit (#240). He also stated that the man of whom he recognized stated something to the effect of “wrong window, I’m just trying to get my stuff”. He stated that later that morning, he informed the management of this incident.
10/29/04 Event report # **********
I contacted Las Vegas Metro Police via 311 to have an officer come to the apartment to file a police report.
I explained and described every element of this situation and was told that I have no evidence.
Officer R. Moore (4401) and two other officers responded.
The all refused to neither provide any assistance nor file an incident report, but did tell me that I could go to a police sub-station and file a report there.
I was increasingly belittled and treated as if I had committed a crime; the more I tried to explain the situation. During the conversation with Metro Officers I was told that “I was lucky that I was not being arrested for trespassing” and “According to the apartment manger, your witness (Eddie) says “you” are the one that committed the break-in” ” (and they consistently stressed the “You” while pointing at me) It all seemed like a deliberate oversight on the part of the apartment manager (Amy _______). At the time I was standing on the north side of the cul-de-sac at the end of ****** Cir, which by all reasonable conclusions is a public street.
10/30/04 – 11/14/04
Notes
Only noted change in the exterior appearance of the apartment was the condition of the constable’s sticker. At some point in time during this period, someone entered the apartment, but certainly had zero regard for the sticker as they tore and removed the sticker. They then replaced the sticker in an obviously “torn off and replaced” state.
11/10/04 – 11/13/04
Notes
At some point in time during this period, someone appears to have broken in and burglarized my property for what appears to be the third time.
11/14/04 12:00 approx.
Information from a local homeless man that one of my possessions was located in a dumpster near Twain Ave. & Hazelwood St.
Turns out to be the box that I used to keep my computer parts with my handwriting and the banker box style similar to all my others.
11/14/04 15:00 – 16:00
I proceed to make contact with the apartment complex and arrange for a time to pick up my belongings. I inform the receptionist that I will be arriving at approx 11:00am and I am informed by her “you must bring Metro with you when you come tomorrow”.
11/15/04 11:00am Event Report # ********
Contacted Metro Via 311 and explained the situation to the dispatcher who stated that an officer would arrive as soon as one is available.
11:10am approx. Police officer R Moore (4011) and Bill Horne (4396) arrive at the apartment complex.
Mr. Horne Arrives first and as I begin to explain the situation, Mr. Moore pulls up and quick disregards our conversation and tells Mr. Horne his version of the events that occurred.
Mr. Moore informs Mr. Horne that he has answered numerous calls in regard to this issue and begins inducing the same air of belittling commentary and insinuating that I was making things up, and generally being egotistical from my perspective.
The Most disturbing comment was made by Officer Moore was in regards to the total amount that I would have to pay the full amount due to the apartment complex before I could retrieve my belongings.
The Apartment Manager came out of the office and stated that she wanted the $250 storage fee before I could retrieve my belongings, but not the total amount due.
At this point I was quite irate and possibly a bit snide in my answers to the officers’ questions. Once again told that I might be “arrested for trespassing” and was also threatened with being “arrested for providing false information”. Apparently the dispatcher had informed the officer that the kitchen window was broken and there may be a perpetrator still in the house. Upon review of the phone call, I was told it was a miscommunication but received no apology for the uncalled for accusations and belittling treatment as I was forced against my will to await the recorded phone call.
11/18/04 16:00
Spoke with a responsible representative of **** management (hired by owner {******}).
Explained my situation and was told that I can contact Amy and set an appointment to retrieve my belongings.
11/19/04
Arrived to retrieve my belongings, found the apartment in a state of total destruction.
Contacted Metro once again to have an officer come to do a police report. She glanced around the apartment, and gave me two sheets of paper to fill out and mail.
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Here is the nevada statute that I believe should protect me in this instance:
NRS 118A.460 Procedure for disposal of personal property abandoned or left on premises.
1. The landlord may dispose of personal property abandoned on the premises by a former tenant or left on the premises after eviction of the tenant without incurring civil or criminal liability in the following manner:
(a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the tenant or his authorized representative rightfully claiming the property within that period. The landlord is liable to the tenant only for his negligent or wrongful acts in storing the property.
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Now I was homeless during the first month of this situation, and it has taken me nearly 3 months to get back on my feet, and pulling a steady income again. Personally I see many things here that the apartment management did seem quite negligent. What are your thoughts?
I am in the process of building a website to chronicle this experience, and will post a link here soon.
Thanks in advance,
Victor
equsource@cox.net

