I live in an apartment complex where nothing gets fixed.?

Question

I pay the rent on time. I'm quiet and don't cause trouble. I called about a toilet that was supposed to be repaired a week ago by maintenance. He was nice and came over and said he would order the part and come back and fix it. Today we were still unable to use it. There is also a leak in the bathroom ceiling from the people upstairs that he promised to fix. This is just the beginning. As of today he hadn't shown up. I paged him and he was drunk when he called me back and chewed me out. I left a message for the manager-who is rarely in the office. The manager hates it when I ask him for anything. He even refused to give me a copy of my lease until a friend of mine called an attorney and said that was illegal. I don't want to cause trouble but there is a lot that needs fixed. I have a child with medical needs. These are older apartments and they are in a good town. I have been told it is a good place to rent as long as you don't ask for anything. What are my rights?

Answer 1

I am a property manager. I hate to see apartment communities or landlords take advantage of their residents. I cannot guarantee that my advice will help get your maintenance concerns addressed right away, but let me give you a few pointers to protect yourself if things go sour.

From what you wrote, it look likes you've tried to communicate to management and maintenance with face-to-face conversations and phone calls. Since this is obviously not working, it's time to write letters addressing your concerns to management.

Always include the date the letter is written on the top of the letter and always keep a personal copy of each letter you send. In 99% of situations you'll be able to deliver the letter in person or by regular mail. But if you feel strongly that the people you're dealing are untrustwothy and may accidentally "misplace" your letter, then you'll probably want to send it certified mail. Then keep the receipt you get from the post office as proof that it was delivered to the manager.

The first rule of writing letters, keep it clean. Nothing can turn the tide against you quicker than rude, abusive or vulgar language. As much as you are probably angry, keep those feelings to yourself. Here's why.

Your letter is most likely going to be kept by management for as long as you live there, and for a minimum of 3 years after you move-out. If anyone ever needs to do a reference check on you -- like for renting a future apartment, getting a mortgage, or even a background check for a new job -- bam, they've got your threatening letter.

Second and more immediate to your dilemma, the letters you write are going to be your best friend if your problems continue and you need to seek legal help. Hopefully you will never need to go to court, but if you do you'll want to have a letter to submit as evidence that you wouldn't be embarrased to have read by a judge.

Okay, so now you've written your letter. Hopefully your now getting the attention you deserve and your problems are being corrected. But if they're not....

Start keeping a journal. If you continue to be ignored you will now need to prepare for court. A journal should include just enough for you to remember important details of your case. This means conversations or phone calls you have with management or maintenance, activities that maintenance performs in your apartment, promises that are made in regards to your concerns, etc. And always, always, write down the date and times of these events.

The next step is to go to the highest reasonable person in the management chain. If you're dealing with a private landlord, this really won't work. So if that's the case just skip to the next step. But if you are with a property management company, try to find someone with the title regional manager or vice president of property management. You may have an urge to go higher than these people, but it will actually not work in your favor. The highest level people don't concern themselves with individual problems and you'll just be wasting your time.

When you've found the right person to write a letter to, use the records you have from your journal and previous letters to write a straight-forward account of everything as it happened. Again, keep it clean. Mail off a copy and I expect at this point your almost guaranteed to get what you need corrected in your apartment shortly thereafter.

But if even this doesn't work or you're dealing with a private landlord, it's probably time to get an attorney. Unfortunately, this will cost money no matter how you do it. But if you're seriously in a bad situation it's what you may have to do. The attorney will be very happy that you've kept such good records of everything that has happened. And it probably wouldn't be a bad idea to have Polaroid pictures taken of anything that is obviously and visually broken. Don't take digital pictures. Any judge knows that a 14-year old with a photoshop program can alter any picture. It may be more expensive but Polaroid pictures can't be easily forged so they'll hold up in court.

My last word of advice, NEVER stop paying the rent. It may sound like a logical trade-off -- you don't fix my problems, I don't pay you rent. But it NEVER works that way. If you stop paying rent you'll be in court so fast you're head will spin. And a judge is not going to care what condition your apartment is in. Any judge will stick to the case at hand, which in this case will be non-payment of rent. No matter how much you plead your case, the judge's bottom line will be, "Did you pay the rent?" When you say no, you lose. Period.

Aside from all of that, best wishes. Hopefully things will turn around very soon after you send your first letter. That usually does the trick. But be meticulous and prepared if things don't immediately go your way.

Answer 2

I am an ex property manager and here is what you have to do. Give them a notice of the damages in writing, make sure you keep a copy for proof. Tell what is happening and what has not been done and what you have went through with the maintenance person. Tell them that you will not be paying anymore rent until the problems have been repaired. If they don't respond within the resonalble time do what you said you would do. If they try to evict you then take the paper to the judge and he will back you because the law is on your side as long as you have given written notice of the problems and they didn't correct them. Hope that helps, that was the way it was in Oklahoma so ask someone in whatever state you live in but I would bet it will be the same. Good luck

Answer 3

First try again with maintenance person ,then find the owners , report maintenance hasn't fix his tasks in your apt remember be nice you have the right to ask owners if its not fixed can you send repair bill to them because you cannot live with leaks broken toilet etc .. or deduct from rent but plz note times and days he was there and what was not fixed length of time you have waited document all !!

Answer 4

go down to the courts, and request a s-scroll. you need to have proof of what is going on,so take pictures of the toilet leaking and bring them down to the courts. Go the1st of the mth when rent is do. turn the rent in with the paper work. the CRTs will then notify the landlord that until he complies He's not entitled to his rent. all rent from there on you will pay to the CRTs. they will pay him when u confirm that the repairs r done. and he can't evict u. the CRTs will protect u. call the CRTs in your area and find out the details. there r more facts evolved that i can't remember also notify the Better Business Bureau.

Answer 5

is there a housing authority where you live. if there is call them and fiind out what they can do for you. maybe you should consider moving to newer apartments. ask the manager if you have someone else fix it if you can take it off the rent. maybe that will open his eyes

Answer 6

You have rights, but they have the right not to give you a new lease. Decide if the cost is so good you should grease the palms of the maintanance guy to get things dine

Answer 7

call a lawyer or how about the towns code enforcer

Answer 8

move and sue them for back rent