Tenants Rights - advise please!?

Question

We moved in our duplex on June 1st. About 2 weeks later our landlord decided to come over due to a complaint we had made about the air conditioner. The next time we talked to him he told us how disgusting our place was. Saying that dishes weren't done and our bed was not made, etc. Then he went on to say that if it continued he would evict us. Then last night he came over again, handed us a 3 day notice saying that unless we kick the 3rd person out living there we would be evicted (there is no one else living there) - He also went on to say that our neighbors had informed him that they can hear us in the shower for 45 min at a time (which is false) and that he will be sending us the water bill (which in the lease says that he is responsible for) He continued and started saying that are cars are not washed and that we need to get our broken window fixed and that only 2 cars are allowed on the driveway in a 24hr period (our neighbors have 4 OUTSIDE their garage.) Is our landlord...cont'

allowed to have one set of rules for one side of the duplex and another for the other side? We feel that because we are young (20 and 21) that we are being looked at as irresponsible and are being taken advantage of. We also feel that even if we take 2 hour long showers its none of his business and that's the same for whether our dishes are done and our bed is made. Does anyone know whether or not this would be considered age discrimination or something like it?

Just a quick note for everyone mentioning the dishes not being done.. Point well taken however, when I speak of the dirty dishes its due to the fact that he always comes over right after we have eaten dinner and have not gotten around to it.

Thanks for everyone's advice.

Answer 1

Well, as a landlord, I get hesitant answering these kinds of questions. A knowledgable tenant is our worst fear... However, since Im sure your not one of mine lol. A three day notice doesnt mean anything. Thats just a notice that he is going to take you to court. Odds are, unless he really wants to get rid of you, he wont press an eviction, it costs him too much money. Once you get to court, the magistrate will ask both sides and make a decision based on both parties information. If you don't have a 3rd person living there, you need to make sure you bring a witness to verify that. Hopefully your not doing any damage to the dwelling, then he can evict you for that. Dishes, beds, ect. thats your personal property, he can't tell you they have to be done, or bed needs to be made. If he says in lease agreement water will be paid, you do not have to accept his bill. Another clause is that you can start paying your rent to the court itself prior to an eviction telling them what he is doing to you, that covers you and shows initive. He wont be able to collect his rent from the court until he starts paying the water bill. He can't evict you because he has a reciet from the court stating that you are paying the rent. Touch and go, have to love the way the law works in behalf of the tenent, but again, most tenants don't know they have so many rights. You can contact me via my contact link on here if you want to know anything else.

Answer 2

This is called harassment.
He has the right to limit the number of people living in the duplex and the number of cars for each. He could have limited parking available and two per duplex is the max.
What he doesn't have the right to do is tell you how long you can shower or tell you when to make the bed or wash your cars or dishes. As long as your not living in filth and inviting the local inscet population to visit, he doesn't have much of a say in it.Take pictures of other dirty cars and keep them with your documentation.
He can not give you an eviction notice, that has to go through the court system and it has be delivered by a police officer and then you have thirty days at least.
Document everything! Day, date, time and what he said. Should push come to shove and it goes to court, and I advise getting a lawyer involved at this point, (Equal Housing Authorities is one that you can check into), the documentation will stand up as evidence for you. And I doubt he's documenting anything concerning this situation.
If you know for a fact that there are people with three or four vehicles and he's not saying anything to them, get the license plate number of the cars. (If need be, the police can run them for your lawyer and prove ownership). You can use this as proof that he knows these people have more cars than allowed and not saying anything to them.
If you let him into the duplex, record what he says. Don't know if it'll stand in court or not if you don't tell him you're doing it, but at least you'll have some kind of proof of what he's telling you. Plus you can use to do your documentation so you don't forget anything. Keep the tapes just in case you can use them in court. Be sure to mention the day, date and time on the tape so you know when certain things happened.
He can not charge you for water if it's in the lease that he pays it.
Keep all of your paid rent receipts to prove the rent is paid and keep the original lease agreement.

Answer 3

First of all the Landlord's complaint are foolish but they need to be taken serious. He is looking out for hi property. If having dirt dishes in the sink can bring cockroaches and other bugs that can damage the stucture of the building. If he is responisble for the utilities (water then he is responisble to pay) but he might make you pay the overages if there are any due to the use of extra water. It doesn't matter about the neighbors having four cars in the driveway and you can only have two. If it says in your contract you signed that you can only have two then you must obey by that. IF he owns the neighbors property and they have four then he has revised yours or their contracts to say something differently. It seems like your landlord doesn't have much to do to cause such problem for you, but remember your living on his property and he is just trying to take care of it. If you have papers all over your floor and they are not attracting anything and not destroying anything then you have a right to have your papers all over the place. As far as having the car window fixed. I can see it as a problem for your neighbor. Open windows or broken are an easy target for buglars and thiefs. But your landlord shouldn't have grounds as to say you have to fix it. Same with the car washes. If it doesn't say anything in your contract about upkeep personal appearances (items) inside and outside the condo then he doesn't have any grounds. I would document everything he says. That way he can't evict you for stupid reasons.

Answer 4

Age discrimination tends to protect people over 55, not those who are younger. But, every state has a set of tenant/landlord laws. It sound as if your landlord is violating the laws.

There are only a few reasons why a landlord can evict a tenant. mostly they are for non-payment of rent, illegal activities, lying on the lease, or wrecking the place. However, dirty dishes and unmade beds are not considered trashing a place.

Search online for your state's landlord/tenant laws and review them carefully. There are also many websites out there for tenants to find help at. Many law schools also have free programs where tenants can get help from law students for free - so call a few local law schools for help.

As a general rule, you should take photos of your place to show its condition (if the condition is good, clean walls and floors, etc.), your driveway, take photos of your neighbor's driveway (with the cars in it). Read your 3 day letter and see what reason your landlord is listing for eviction. Get as much photo or other evidence you can to contradict what he is saying.

Also, read over your lease. See what rights he and you have under the lease agreement.

Answer 5

It definately sounds like he has issues. I could contact the fair housing department (it will be in the phone book under government listings) and talk with someone there. He cannot evict you without proof that you are violating your rental contract (the mysterious 3rd person). If it is stipulated in your contract that he is responsible for your water bill, then bottom line, he is. Ask him to show you (have contract in hand) where it states that there is any limitations on the length of shower that you are allowed (ridiculous!). Also let him know that you are in communication with fair housing... maybe that will make him back off a little. I know that it's not your fault, but you really should start looking for somewhere else to live. This guy sounds like a nutcase and it's hard to tell how low he will go to make you miserable... he could even be dangerous.

Good luck!

Answer 6

ok. he can't do anything about your lack of clean or long showers or any of it unless it specifically says that in your lease. Read your copy of the lease and see if there are any rules involving any of the stuff he accused you of. What it comes down to is that you have the right to challenge his eviction in court. If he can't prove that you have another person living there or that you have more than 2 cars or whatever else, then he has no case. if there is something in the lease about long showers and keeping the place clean, then he might have you there. BUt again he needs proof so unless he took pictures of it I highly doubt he will be able to do anything about it. The only time people can legally get evicted is when it comes to not paying their rent. If I were you though, I would talk to a lawyer to see what you can do for sure.

Answer 7

NO.

Immediately contact the Rental Control Board in your city. Fax them a copy of your 3-day notice. Then proceed to document each and every thing that your landlord does from here on out.

If you have a window broken in your apartment, then you are legally NOT LIABLE for rent until he fixes it. Unmade beds and 45 minute showers are not his business and are a violation of privacy laws. Inform the Rental Control Board, then inform your landlord that you are suspending all rent payments until he fixes your window.

If he forwards you the water bill take it, along with your lease agreement to the Rental Control Board and file a formal complaint. Let him take you to court, you will not have to pay rent during this time and you can countersue for invasion of privacy!

Oh, and while you are at the Rental Control Board, look around for cards from attorneys that make a living prosecuting landlords, there should be plenty.

Answer 8

Well as far as cleaniness goes he has a right to tell you about that. If your standards of living is dirty it could cause insects, disease, and complaints from other tenants. If he feels this may cause him to spend additional money, lose money or cause him to lose others tenants because of it he does have that right. As far as the long showers are concerned. He really can't do anything about that unless his bill has increased significantly due to your showertime, but he also has the right to minimize your use he can even install a meter to limit your use or decreased your flow signifcantly. Also about the cars. he can't tell you to fix them up or wash them, but he can limit the space you take with them. No matter how he treats the other people there you both have individual leases and may have individual rules. This doesn't sound like age descrimination, it sounds more like a landlord trying to maintain his properties value.

Answer 9

Its obvious that your landlord doesn't like you and doesn't want you living there. You do have rights, What you do inside your house is your business, and unless he specified in the lease that your shower times are limited, or that your dishes must be done, or that you may not have overnight guests, his eviction notice is bogus. If he enters without your permission to see these things, unless its an emergency like a broken water pipe or a fire, he is TRESSPASSING and can be jailed.

Call the police on him if he is looking into your windows, that's a stalker

Answer 10

I'd say legally no he can't do anything but, there is going to be prejudice and you should let there be anything they can use against you.

My dad is a landlord and when people don't take care of the place it does make him upset. Because your leasing it from someone else you don't own it so as an apprecaition you should take care of it so that when you leave it's availble for someone esle to use. It's not like the place was trashed when you got it.