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Doctor Stop wrote:It's not going to work in this case, but the easiest way out of this kind of problem is to give notice, not pay the last month or two of rent and negotiate afterward.
Doctor Stop wrote:It's not going to work in this case, but the easiest way out of this kind of problem is to give notice, not pay the last month or two of rent and negotiate afterward.
Cyka UchuuJin wrote:argh, really makes me NOT want to go to tokyo next month, even if it is only for a week. grrrr!
SJ...sorry to hear you've joined the fucked tenants club. i'd be happy to buy you a welcome drink.
Cyka UchuuJin wrote:do you happen to know where these laws can be found online in japanese? i'd like to send him a copy of them.
Mulboyne wrote:The links to the Supreme Court judgement establishing those points are at the front of this thread. However, your landlord will know the law so sending him links or copies of the statutes won't achieve anything unless you have a strategy. He has your money and doesn't want to give it to you. Showing him he is wrong isn't going to bring on a fit of remorse which will make him capitulate so you need to consider how you will go about getting it back. As others have said already, you need to forget the idea of relying on your "agent" to obtain redress because they really don't have your interests at heart.
GG had a strategy when she talks about using a tag team of negotiators to browbeat everyone. Go to the consultation offices at the local council or get a lawyer and see what they recommend. As you can see from GG's case, even if you do show the landlord that you mean business, he won't necessarily roll over. GG's landlord only offered to talk the day before a legal hearing was to be held and she rightly rejected that as too little too late. Your guy might be the same. Also note that she had a great case and got a good result but it was still a little short of what she might have wanted. You may find the same holds for you.
It sounds a little like you aren't completely convinced that you have a watertight case. I suggest you satisfy yourself on that score and then make a decision about whether you want to proceed or else write the whole thing off as a bad job. Most foreigners rent in Japan so we have a vested interested in you taking this landlord to task. It would be great for everyone if landlords like this were called to account more frequently and you might want to do so on principle. However, if you decide instead that it will take you too much time and effort to do so (many landlords probably rely on this) then no-one will blame you for walking away.
Cyka UchuuJin wrote:the problem here is that i AM convinced it's a watertight case, but my former business partner, who's name the apartment was in, is not wanting to help. i KNOW that the case is watertight...he waited too long to send the estimate, came up with 'damages' found after the walk through, has no basis or evidence of 'foreigner caused damage'. simple fact...the guy is a greedy bastard who just thinks we'll give up and walk away simply because noriko is a woman. i AM at the point of doing this on principle, and have written noriko this morning telling her to find a lawyer, send the owner a copy of the law (i'm not so sure he does actually know the law, because if he did, then he'd point out actual laws rather than come up with these wishy-washy 'you had a foreigner there, i didn't want a foreigner there', which he knows doesn't hold much water since if he was so unhappy, he easily could have cancelled the lease or chose not to renew it twice after the initial one expired), tell him we're taking him to court, and that we've made several newspapers aware of it. at this point, it's on principle, because i'm pissed off, plain and simple. and there's nothing a russian likes better than revenge being served up cold. if nothing else, i'll spend the money to draw this out in court for ages simply so that he can't get the apartment sold while it's tied up in legal issues.
and no, the agency (apaman shop) is not on my side, i know that. which means i'm going to throw a little email their way saying that we'll be naming them in the lawsuit as well, since they assured us, in writing, that we'd be receiving our deposit back.
Samurai_Jerk wrote:If your business partner isn't willing to help and it's all in her name, how much of a case do you have?
Cyka UchuuJin wrote:not much. on the surface. but i also have a way to make sure see that she really does need to help out on this. ie...a tip to the tax department that she wasn't paying taxes on the 150.000 per month she received for 3 years while working for us.:
oh and tokyo is supposed to be happening at the end of next month if you want to take me up on that beer.
;)"Yeah, I've been always awkward toward women and have spent pathetic life so far but I could graduate from being a cherry boy by using geisha's pussy at last! Yeah!! And off course I have an account in Fuckedgaijin.com. Yeah!!!"
Cyka UchuuJin wrote:the problem here is that i AM convinced it's a watertight case, but my former business partner, who's name the apartment was in, is not wanting to help. i KNOW that the case is watertight...he waited too long to send the estimate, came up with 'damages' found after the walk through, has no basis or evidence of 'foreigner caused damage'. simple fact...the guy is a greedy bastard who just thinks we'll give up and walk away simply because noriko is a woman. i AM at the point of doing this on principle, and have written noriko this morning telling her to find a lawyer, send the owner a copy of the law (i'm not so sure he does actually know the law, because if he did, then he'd point out actual laws rather than come up with these wishy-washy 'you had a foreigner there, i didn't want a foreigner there', which he knows doesn't hold much water since if he was so unhappy, he easily could have cancelled the lease or chose not to renew it twice after the initial one expired), tell him we're taking him to court, and that we've made several newspapers aware of it. at this point, it's on principle, because i'm pissed off, plain and simple. and there's nothing a russian likes better than revenge being served up cold. if nothing else, i'll spend the money to draw this out in court for ages simply so that he can't get the apartment sold while it's tied up in legal issues.
and no, the agency (apaman shop) is not on my side, i know that. which means i'm going to throw a little email their way saying that we'll be naming them in the lawsuit as well, since they assured us, in writing, that we'd be receiving our deposit back.
Cyka UchuuJin wrote:...a tip to the tax department that she wasn't paying taxes on the 150.000 per month she received for 3 years while working for us.
Cyka UchuuJin wrote:not much. on the surface. but i also have a way to make sure see that she really does need to help out on this. ie...a tip to the tax department that she wasn't paying taxes on the 150.000 per month she received for 3 years while working for us.
oh and tokyo is supposed to be happening at the end of next month if you want to take me up on that beer.
Number11 wrote:I have a difficult time seeing how you're going to overcome the fact that everything is in Noriko's name.
;)"Yeah, I've been always awkward toward women and have spent pathetic life so far but I could graduate from being a cherry boy by using geisha's pussy at last! Yeah!! And off course I have an account in Fuckedgaijin.com. Yeah!!!"
Iraira wrote:she's gonna have a tough time getting dickweed to pay up unless Noriko is compelled to fight alongside her. For that, I suggest threatening to send pictures of her sucking off that rhinoceros to her work.
Greji wrote:If Noriko can swallow a rhino, send her around to see me
;)"Yeah, I've been always awkward toward women and have spent pathetic life so far but I could graduate from being a cherry boy by using geisha's pussy at last! Yeah!! And off course I have an account in Fuckedgaijin.com. Yeah!!!"
kusai Jijii wrote:Please tell me that wasnt full time...
GomiGirl wrote:This is really getting out of hand in Japan. I guess as there is little regulation (and less enforcement) over individual real estate agents and owners.
Most of the small claims court stuff is people taking their former landlords to task over this age old practice of landlords keeping deposit. Most Japanese to date have the "shoganai" attitude and write it off as another moving expense rather than seeing it as their money that is being stolen.
Australia has a the real estate association that reguates all of this and is controled on a state by state basis. There is a standard contract that all landlords/tennants use. The deposit is held in escrow and not at the discretion of the owner.
The managers are really the real estate agents who for their trouble of managing the properties, get a small percentage of the monthly rent rather than a lump sum payment at contract time.
Not to suggest that the Australian system is perfect but it is certainly more transparent than the system here.
Mike Oxlong wrote:I remember paying first and last month's rent in Canada (last month's rent was considered the deposit) , and getting the full amount back, plus interest, when moving out (assuming no damage and a decent cleaning job before leaving).
Cyka UchuuJin wrote:...i was talking to a british friend of mine about this the other day and he said 'but no one in the uk ever expects to get the deposit back'...
OKLAHOMA wrote:Shikin is kept by landlords 99% of the time and I support Japanese landlords 100%.
GAIJIN WESTERNERS have an unmerited sense of entitlement due to inherent racism.
Shut up and stop complaining!
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