I payed my rent for August , and we are liveing in this house sence July 05 we always payed the rent,I have asked my landlord to help mepay for the repair on the roof {we have 3 big leaks} and with the re-wireing of the outlets, he dint want to, so I withheld the rent For September, now he wrote me a short note saying we have to move out by October 31st. I dont think its fair all we wanet was some help, please tell me if I have any rights I only have 2 weeks to find a new place to leave with my children, Thank you Karin
2006-10-17 03:48:57 · 12 answers · asked by kforkarin 1 in Home & Garden ➔ Other - Home & Garden
Check with your state's eviction laws and how they apply to your lease. Your lease duration will determine the amount of notice required for an eviction.
2006-10-17 04:05:26 · answer #1 · answered by ratdog 3 · 0⤊ 1⤋
Lets see, if you didn't pay September or October you are two months behind in Rent. Your land lord has every right to begin eviction process. It takes more then a letter to evict, the landlord has to submit a request through to district court and have law enforcement issue the summons/papers to have to ejected.
You should not pay for repairs that is his/her responsibility, It's best to not do things or pay for things to change someone else's property. If you live there you need to pay your rent. He/She needs to assure it is habitable. If it is his intent to vacate the property and make repairs he has every right to do that. It is a pain to fix things when tenants are in a property. By you not paying the rent you forced the issue. His recourse now is to have you leave. Truthfully you are at fault here. If you re-wired outlets with a licensed electrician you put the landlord in a situation where you've materially changed his property and it's likely in his lease this is also a breach of lease.
Fair is paying your rent on time. Fair is requesting he fix a leaky roof if you are getting property damaged by weather. Don't renig on your side of the agreement. Rent cannot be withheld. He needs to pay for repairs as HE sees fit, not you. It's HIS property NOT yours.
2006-10-17 11:01:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Karin, sorry for the dilema you're facing. I am a landlord AND I side with you. A handwritten note by your LL does not mean you must move out. In order to have a tenant evicted (legally) he must go to court and begin the eviction process. You MUST be served with an eviction notice by a Marshall. If you have not received any official notice of eviction I would suggest going to a lawyer and asking what do you do from here. What he is doing is unlawful ... if, and only if, you weren't served an eviction notice. Best of luck!
2006-10-17 10:59:34 · answer #3 · answered by JrHedaz 2 · 0⤊ 0⤋
It's illegal in most states to withhold rent because of maintenance repairs that are not being fixed. Likewise, it's illegal for him to withhold repairs for any reason, especially water leaks. He DOES have the right to eject you for non-payment, but I would consider fighting the repairs in court. Take pictures and document anything he has said to you - promises to do repairs, foul language, etc. He can't show up on your doorstep on Oct 31 and tell you to move if you haven't. He'll have to file for eviction, which in some states can take longer than a month. I would document everything, though. Good luck!
2006-10-17 11:28:11 · answer #4 · answered by Tim B 1 · 1⤊ 0⤋
What does your lease agreement require? Did you rent the house 'as-is' or was their a maintenance agreement? What are the laws of your state regarding the landlord's maintenance responsibilities and the amount of notice he/she must give before eviction? Please consult a lawyer immediately. Most lawyers will do a free consult, and it could be the landlord is violating your rights. Or go to the city administrative offices (city hall) and ask if there's a city deparment that takes care of problems like this. He might be violating city ordinances on housing, as well as city and or state laws on leasing and renting.
Good luck.
2006-10-17 10:59:52 · answer #5 · answered by crispy 5 · 0⤊ 0⤋
,Karin-immediately type up and print out a letter to your landlord asking that they fix your electrical and roof issues and informing them that you will be withholding rent until these issues have been resolved or you are brought before a judge for eviction preceding.on the day of court be ready to show PROOF that you have always paid your rent on time and that you actually do have the money you have withheld and are not simply trying to get out of paying him. bear in mind that once you force this landlord to take you to court,even if you prevail,he will more than likely be gunning to get you out of his/her building anyway. so the question is, is it worth it to fight
2006-10-17 12:54:40 · answer #6 · answered by kimmi 3 · 0⤊ 0⤋
As a Landlord myself it is sad to hear a story like this.
1st: DO NOT MOVE ! You have more rights than you know specialy with children...
You need to write him a letter, take pictures of the damage, and safety concerns. He has to fix any safety issues....
You should not have to pay anything to repair anything that you did not damage.....You really can not with hold the rent for repairs, that is illegal.....
He has to fix the issue with a week, or report him to the town, and ask a lawyer who is familar with the local laws...
good luck
2006-10-17 11:02:14 · answer #7 · answered by James 3 · 0⤊ 0⤋
Depends on which state you live in. I ive in PA and went though the same issue. When you go to court, and eventually you will go to court, explain the issue to the judge, make sure you have ALL of the rent that is due. Take it with you to court, to prove money isn't the issue. The judge will make the slum lord repair the roof. then you can pay him. He can say whatever he wants to. He has to take you to court before you can be evicted.
2006-10-17 10:58:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I don't believe he can just evict you. Talk with an attorney but he should have to take you to court first and not just send you a letter. An attorney should be able to help you with the landlord issues as far as not making repairs.
2006-10-17 10:56:14 · answer #9 · answered by Blackjack 2 · 0⤊ 0⤋
Hopefully you have all of the receipts for the work!!!! If you do, you can take the landlord to "Small Claims Court" and get your money. That will come later...you still may have to move now.
2006-10-17 11:44:46 · answer #10 · answered by bugear001 6 · 0⤊ 0⤋