Poor House - Lousy Landlord - Need Advice (Ranting)greenspun.com : LUSENET : Countryside : One Thread |
Hello all! My husband and our five children moved to C. Alabama in mid-august. WE sold our house in Houston and rented a home on a few acres, and because the buyer of our home needed it fast, we had to make the move too quickly for comfort. WE saw the house from the outside and peeked throught the windows while the "repairs" were being done, but ended up having to seal the deal long distance. Now we're ina house with major repair issues and have a landlord who is less than concerned about it, to say the least. She refuses to pay for a licensed/experienced contractor to deal with issues such as the water heater that died, and has informed us that her "handyman" will fix it when he can fit it into his schedule. We offered to replace it ourselves for a rent credit, but she doesn't feel that she should have to pay any labor if we do it that way, and Randy can't afford to lose time at his second job if he isn't getting paid for his time. SO far, my daughter has had to have her head stitched up because some iron burglar bars fell on her head-(the "handyman" didn't realize they needed to be attached with more than one 1-in. screw) Randy has fallen down the stairs while trying to fix a faulty light at the top of the stairwell which has no banister, (The handyman didn't think it was necessary)and the pipes under the kitchen sink pour water out on the floor and in the cabinets because they aren't sealed properly (The landlord suggested I prop it with a piece of wood- I did, but there's still no seal so it still leaks.)When it rains, it rains ito the house the the chimney because there's no flue (landlord say it's always been that way.) According to the attorney I spoke to, there are no laws to protect tenants in Alabama, and while she can drag this out as long as she cares to, we have to continue paying the rent regardless. I have 2 1/2 pages of repairs that weren't done that I've been told are unnecessary. We've discovered that the rent is way over market and we simply don't feel that it's right for us to have to do the repairs at our expense and on our own time if the landlord isn't willing to credit the rent. Now, the moral dilemma. I found another house that would be perfect for us, but we'd have to break the lease here, which would put us in a tenuous position legally and ethically. Even though the house was misrepresented to us, we signed the lease and it's our fault that we didn't do more research on the place before hand. SO, now what? The way I see it, it can't come out nicely for everyone either way, so I'm just looking for feedback, because we're at a loss as to what we should do here. Thanks in advance for any input!
-- Kristin, in C. Alabama (positivekharma@aol.com), December 02, 2000
I would make a list of all repairs needed show them to the landlord and say something like this.."here is a list of repairs needed to be done because you are putting my families safty at risk,if you do not fix these in x amount of days you will be responsible for all medical bills and lost wages resulting from injury.If you chose not to fix them you will release us from our contract with you in x amount of days." have her sign it and if possible get it notirised {sp}. Talk to the folks with the other house tell them about your problem and let them know the time limits you have put on the landlord. I know in maryland you can put the rent into escrow until repairs are down that are health related{lead paint is a biggie} . good luck!
-- renee oneill{md.} (oneillsr@home.com), December 02, 2000.
Kristin, The law here in Colorado is the same, no protection for the tenants at all. There was just a big expose' on the news through the folks at one channel that take on consumer issues when someone can't get satisfaction on their own. It was on landlords who were like yours, and the news reporters came out, took pictures of all the things, looked at the communciations from the landlords, talked to the landlords, or tried too, on camera, and in essence, put pressure on them through public scrutiny of their practices. Most of those folks got their repairs done, and quickly. Now, as to how the landlords will deal with them in the future, is anyone's guess, but it may give them cause to break their leases if necessary, if the rents are raised, etc. Hope you can get the situation resolved to your benefit, but you might try contacting a consumer advocate in your area, if there is one. Good luck, Jan
-- Jan in Colorado (Janice12@aol.com), December 02, 2000.
Why would breaking the lease be a problem if things were misrepresented?A lease is a double edged sword.Also,isn't there a notice needed clause? We have both rented & leased & always there was a notice reguired of btwn 1-3 months, depending on the lease.Give notice.If none is specified ,then in the different states I lived in, one month was consideres notice.I recommend moving, as I doubt the relationship will improve.Legal Aid deals with these problems all the time. Give them a call.If you don't income qualify, they will prob at least talk to you on the phone and give you the particulars.Tell them you are new to the laws in Alabama.Nephew ran into same problem moving to Louisana.Not uncommon, to take advantage of new unsuspecting folks.
-- sharon wt (wildflower@ekyol.com), December 02, 2000.
I would take a copy of the lease to legal aid or some such place. Half those leases aren't worth the powder to blow them up. I wouldn't even think twice about taking the other house and just moving myself. Document,and photograph the condition of the place. Get a couple of witness to look at it. Most slumlords, and it sure sounds like these people qualify, would not dare take people to court, they just intimidate. Good luck
-- diane (gardiacaprines@yahoo.com), December 02, 2000.
http://www.mycounsel.com/content/landlord/basics/substandard.htmlread this!!!
-- nobrabbit (conlane@prodigy.net), December 02, 2000.
Maybe you could call the local TV Station. Ours loves these kind of storys (it's called 7 can Help). Maybe if she thought her name was going to be all over the place she'd either let you out or fix it.
-- Margie Bromen (bromens5@navix.net), December 02, 2000.
I would think you would have a case because of injuries .Is she insured is she required to be ?Call the insurance company in .
-- Patty (fodfarms@slic.com), December 02, 2000.
Sometimes just mailing or handing copies of letters to landlords are not enough. Use the US mail. You can send (not sure of the correct names) registered mail very cheaply. There are 2 options that I know of. You can send a letter so it must be signed for and then you can contact the post office to find verify it was received, or you can send it registered (more expenxive) and have the signed paper sent back to you with the persons signature. The post office can give you the exact specifics. Neither are overly expensive, and can protect you against liars and others who just don't care. Good luck
-- Amber in WA (mikeandamberq@hotmail.com), December 02, 2000.
Kristin, What you say about the tenents rights here is true. Thats what got us into a place just between us and the bank. We were in an apartment that had the central ac bad , I bought 2 window units that now cool our sun porch. The toilet wasn't fastened to the floor properly, after 10 calls, I hotglued the porcelain to the floor (heard they ran a rope out the window to a truck to get it up) and the day the toilet turned into a bidet when Lynn spun the washer, We moved here to our little acre . If nothing else try to find a couple acres and a manufactured home. We have quite a few repo dealers in the state and many of them deliver up to 150 miles. Something else that might work is If you can purchase a couple acres , then erect a shell house or a two story garage and then seal off the car door and build a sleep loft. Our neighbors did this when neither of us could buy the whole tract. We bought the house and 1 acre, they bought the remaining 9 acres and made a cottage out of a garage until someday when they can build a larger house and turn the cottage into an attached garage.
-- Jay Blair in N. AL (jayblair678@yahoo.com), December 02, 2000.
Kristin, you're not ranting-we all need a home! Call your local goverment agency that deals with section 8 housing, they will send an inspector. You'll get a list, pass/fail send it to the landord with a note that you have no intention of paying another nickel until all of these violations are corrected. The law is on YOUR side for this one. Good luck.
-- Kathy (catfish@bestweb.net), December 02, 2000.
I would get the house you found and get out. I rent a house in Indiana and the last tennents left owing over $1000.00 and doing damage equal to it. They don't have anything so going to court (which is the only option to landloards)only causes more loss. If your landlord chooses to go to court there is not much they can collect on if you have done no damage. Also you can ask damages for what has happened to you. But let them take you to court not you take them. I doubt they would spend the money or time needed.
-- Nick (wildheart@ekyol.com), December 02, 2000.
While you are deciding on what you want to do, or if you are afraid to just walk out on your lease, why not tell your landlord that since they have decided to not follow through on their contract, you are not going to pay any rent until they do. Then set up a bank account where you deposit your rent money every month until they fix the things you ask. Since they are not getting rent money from you, they won't want you in there. Their options will be to ask you to leave, which you will be more than happy to do or take you to court. If they take you to court, you can show the court that you made the good faith effort to set aside the money to give them once they fix things up. The court will then direct them to fix the things you listed and then you will turn over the money, or they will find in your favor and say you don't owe them any rent at which time you will leave and have a nice next egg started for your next place.
-- Colleen (pyramidgreatdanes@erols.com), December 02, 2000.
Some states do have Landlord/Tenant Laws which spell out the legal obligations of both the landlord and tenant. However, at least in Ohio, it only applied if the landlord had four or more units. Try to get out as best you can so the landlord doesn't put something on your credit report.
-- Ken S. in WC TN (scharabo@aol.com), December 03, 2000.
I don't have advice, I just wanted to tell you to hang in there! I personally would raise so much heck that the landlord would get sick of me and either ask me to leave or do something. You have redial? Ooops, just thought of something. When I was building my house, my general contractor tried to cut corners all the time. I had the building inspector come and do a pre-inspection so the contractor had to do things correctly. Maybe your building inspector will help? Keep us informed on what you do.
-- Dee (gdgtur@goes.com), December 03, 2000.
I agree with Amber to sent any correspondents by registered mail!!!!! And document, document, document, docmunt--even take pictures if you need to----but who ever you seek for assistance has to have prove to have a case!!!!!!! Sonda in Ks.
-- Sonda (sgbruce@birch.net), December 04, 2000.
Call your local board of health and county building inspector. Both agencies are resposible for making sure residences are habitable and making sure owners rectify unsafe situations.
-- ray s. (mmoetc@yahoo.com), December 05, 2000.