Do I have a case??

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cfralston

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In May of 2005 I signed an 18th month lease to a condominium complex that advertised "gated community" with specifications that the gates are closed every night at 7pm and open again at 5am; once they are closed they can only be opened via a key card. Also advertised was 24 hour maintenance to all units.
Once we moved in we noticed that the washer had a broken knob, we promptly called maintenance and were told the knob would be replaced. The knob was never replaced. We called maintenance about our constant running refriderator as well and nothing was ever done to repair the problem.
My rent was always paid on time or even in advance, my boyfriend offered assistance in the winter months with the removal of snow and ice.
After eleven months, three calls to the property manager and no repairs done to our unit nor the gates being repaired we were fed up with the complex. The gates have never worked since our occupancy. We received two correspondance fliers in our mailbox from the apartment manager that they would be up and running at any time.
I moved into the codominium for security and 24 hour maintenance. I feel that I have upheld my end of the lease agreement and the condominium complex failed to honour the agreement since the day of occupancy.
Due to negligence and false advertisement I purchased a house that is now covered by ADT security. I informed the apartment manager 45 days before my leaving that I would be evacuating the premises. She informed me that a penalty would be owed. I informed her I would be out by the 20th of the month. I received one letter that informed of the possible penalty of 1760.00 should I decide to move. However, this was not a bill, simply a notice of what could happen.
The apartment manager called me on the 31st of the month that I had moved to inform me that I needed to turn in my keys. She called again on the fourth of the following month to tell me that if I do not pay the penalty I would be taken to small claims court. Her call was more threatening than requesting.
Do I have any recourse here?? Is there a loophole that I can use to counteract a possible suit?? Could I counter sue due to the fact that they were the first to disregard the lease by not fixing on going problems???
 
Documentation

Did you keep copies of all maintenance request and copies of the letters left in your mailbox concerning the gates? Did you keep copies of all your correspondance to and from the apartment manager supporting your allegations? Do you have receipts for any thing you may have fixed on your own due to them not fixing something? Do you have pictures of the gates being left open between 7pm and 5am? Does your lease specifically state that 24 hour maintenance is provided and the gates will be locked 7 pm-5 am (breach of contract if stated in lease and not provided)? Did you pay considerably more for rent there, than you would have at a comparable place without the gated community and 24 hr. maintenance and can you prove it? If yes to most of the questions you should be able to file a suit in small claims or counter-sue if the apartment manager takes you to small claims. I would also report them to the Better Business Bureau and the Attorney General's Office.
 
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