Intentional Emotional Duress Tort?

#1 10-03-2007, 01:48 PM

so to start off i am a college student who wants to become a lawyer someday hopefully because of this i am interested in filing against an apartment complex that i used to rent from (this complex was in conjunction with the university but not operated by them)

to start off they have administered frivolous fees that were clearly aimed young and naive college students ex: 150 fee for not notifying them 45 days ahead of schedule of the exact date that you would move out but if you signed another lease they would waive it

im thinking this is sort of a "hey we have a really good sale on widgets but were sold out let me sell you this one instead" kind of thing

secondly, they assessed another fee for smoking odor against me after i moved out (which i do not smoke) and after i paid said fee i recently recieved a strongly worded letter that threatens legal action and states that i could potentially no be able to get loans etc because they would report this to creditors 2 months after i paid it (have a picutre of the cancelled check since the banks now scan them into computers and print them)

even though i dont know exactly how strong of a case this is they clearly are trying to take advantage of people and have really pissed me off...im hoping to atleast cost them some money with lawyers fees and stuff and maybe get someting out of it which i would donate to charity (honestly i would)

so just chime in with what you think about this and maybe where/how i could go about drawing up papers

thanks in advance

moderator · #2 10-03-2007, 06:06 PM

I can understand that this is frustrating. As for the fee they want to charge, they could just renew your lease if you didn't notify them so the fee is actually not that bad. As for the legal action they are threatening, you need to send them copies of all the proof you have and send it return receipt mail so you have proof they got it. You can try to sue them, but really they have attorneys on retainer so you won't really be costing them anything.

#3 01-20-2009, 10:37 AM

Under what conditions can a person file for emotional duress?? I would really appreciate a reply if someone could spare the time. Thank you so much!

aardvarc · #4 01-20-2009, 02:16 PM

Anyone can file for any type of case at any time. If what you're really asking is if you have a chance of WINNING such a case, that will depend. Being pissed off, even REALLY pissed off, isn't near enough. Feeling taken advantage of isn't enough. The level of burden to show emotional distress is pretty big - it requires OUTRAGEOUS conduct; something far beyond a bickering over charging a fee for damages alleged to an apartment unit - and, short of some obvious type of emotional injury where the cause/effect can easily be established (like being rape victim), do you have a licensed counselor or therapist that you've been seeing to help you cope with this "emotional distress"? Someone who can both validate that you've truely been emotionally "damaged" and, who can, after careful evaluation over time, quantify the level and impact of such distress, to help a court put a dollar value on the injury? If not, there's no point to bringing such a case with any expectation of a "win".

moderator · #5 01-21-2009, 06:40 PM

I agree. Only an attorney will be able to tell you your chances with a case such as these once he or she hears all of the facts. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

#6 03-06-2009, 07:17 PM

I'm not a lawyer but I work in the apartment industry. Check with TAA if you live in Texas or HUD if you think the apartment community has treated you unjustly. However, charging month to month fees for not giving proper notice as stated in your lease is legal and holds up in court.