We have had numerous problems with our rented home for the year we've been there. Our lease states that our landlord is responsible for all major repairs, and we've kept all of our bills paid, yet our plumbing is clogged, the cental heat and air unit exploded because of exposed wires throughout the house, and there is a huge beehive on one side of the house. The landlord admitted after we moved in that he's had problems with bees, plumbing, and electrical hazards for years, yet he said that now it is "our problem" and if we don't fix it, he'll sue to have it fixed for his next tenants (we are having to move because the house is really falling apart from all of the problems) This is his only renthouse and we are his first tenants. He also said that we can't get our security deposit back because he's already spent it. He also said that he never put any of our rent money into a separate account for possible repairs, and has spent the thousands we paid for rent over the year.
2006-12-12 10:04:15 · 14 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I live in Oklahoma, and although one person stated that air is not a necessity, the Oklahoma Bar Association states that air conditioning is a basic tenant's right in oklahoma because of the extreme heat and drought in the summer. However, we had to buy our own ac's after the landlord provided us with old, faulty ones that burnt out at the beginning of the summer (we're taking the ac's with us too) We're also renting to own the house we're about to move into, to avoid anymore landlord nightmares like this.
2006-12-12 10:53:43 · update #1
I don't know what state you live in, but most states have a provision that a tenant may withhold rent for a landlord's denial of basic necessities, i.e., water, heat, plumbing, etc. Your landlord may try to sue you because he's told you you have to repair the problems, but between what is stated in your lease and any state laws, he would most likely lose. The unfortunate thing is that, if he did sue, you would be forced to spend money to defend yourself, and even if you did win, collecting any money awarded to you is another impossible effort in itself. In addition, as unfortunate as it is, even though his reason for not returning your deposit is legally unacceptable, you would have to sue him in order to get it back and that's just going to cost more money than the deposit you're trying to get back. Unlike attorneys, a landlord has no obligation to keep a separate account for tenant monies. He can spend the rent money he receives in any way he wishes, but he does have an obligation to make repairs when repairs need to be made. He can refuse to pay for the repairs if he can prove that you were the cause of the damage. There are legal services out there that deal specifically and only with landlord/tenant issues. They will work for you, free of charge or on a sliding scale, to help resolve this matter. Bottom line from a legal standpoint, there isn't enough money that is in controversy here to warrant legal measures. Your already doing the smartest thing, which is just getting out of there.
2006-12-12 10:28:52 · answer #1 · answered by Venice Girl 6 · 0⤊ 0⤋
Even if you could afford the time and money to go to court, it does not necessarily mean that you are protected and will be compensated. It depends on your state and local laws. More so, look over your tenant agreement. Whatever the contract he provided, you should look over every page. If he had included in that contract, not just stated - which he can easily retract, that major repairs, and hopefully explicitly states them, are his responsibility then you can call the police and/or go to court and warrant the enforcement or imprisonment there of. Think of the condition you originally rented the house too. No offense, but that should have been the first clue that this may not be such a legitimate investment of sorts. As for the security deposit, he is generally required to return it upon repairs or improvements have been made, with his or her permission, in spite of his "spending" it already. How much he spent matters none. The contract is what matters. It can make or break either of you. If the contract proves for him, then you should prepare for the consequences. I know it sounds harsh. That’s just the way it is. Sorry.
2006-12-12 10:19:12 · answer #2 · answered by Joseph C 2 · 0⤊ 1⤋
he's responsible for the plumbing and the heat but,,not the bees.you need to get these problems with plumbing and heat documented by a professional or you'll be s.o.l..
normally when it comes down to the word of landlord verus tenant,the tenant usually loses.
as far as exposed wiring exploding your hv/ac,,you'll need an electrican to state that.he doesn't have to provide the air but,he does have to provide the heat.your local ultilities will look at that.get something from them to show it doesn't work.they may even give you something on the plumbing.
wish you luck,you'll need it.
2006-12-12 10:21:55 · answer #3 · answered by jgmafb 5 · 0⤊ 0⤋
"renthouse" tells me you are not in the US. As here though there should be some government agency ( housing authority) that regulates rental property's. Find out where you file a complaint and the home will be inspected. The owner will be given time to repair the items and if they are not fixed he will be fined. In some cases you will not have to pay rent to him ( you will pay it to the authority or court) and he won't get it until the repairs are made. If you move out and the repairs are still not made, you will get some if not all the money you paid to the court or authority.
2006-12-12 10:17:11 · answer #4 · answered by Mike M. 5 · 1⤊ 1⤋
I'm sorry to here this is happening to you. You do have rights because this is a rental property. I would contact your local tenants right office and report him. There are also attorneys that will help you for free with the process. Ask for a lawyer that do probons (work for free) for the public. They are out there, I have used them myself. I would make a lot of phone calls into until you get results. You deserve to be treated with the same respect you give him. Try to be strong during this diffucult time in your life. Take care and good luck to you and your family. Kina
2006-12-12 10:13:17 · answer #5 · answered by Anonymous · 0⤊ 1⤋
your landlord can't sue you for damage you didn't do and he would have to show malicious intent or negligence -- like if you were breaking pipes or knocking holes in the walls or the roof blew off and you didn't call him. he is being a jerk. it is his responisiblity to maintain his property. you can sue him. i would get out asap. you can get a paralegal to help you draw up the papers to break the lease for a couple hundred dollars. he is gambling on you don't have the resources to do anything about his bad behavior.
tenants have the upper hand in rental agreements but no landlord will tell you that. i would seek legal help. you don't need a laywer. paralegals can do all the papers.
2006-12-12 10:18:13 · answer #6 · answered by Anonymous · 1⤊ 1⤋
You need to look at rental laws for your state contact HUD - they are responsible or all homes not just low income - they can help you find out your rights and get these problems fixed. My suspicion is as long as you have a contract that states he is responsible he has no choice but to repair the property. Good Luck!
2006-12-12 10:13:56 · answer #7 · answered by Walking on Sunshine 7 · 1⤊ 1⤋
Nail that guy to the wall. He's really mismanaging the whole thing. For future reference, in many States, you can fix a critical issue and just deduct it from your rent. Look up the specifics of that. Sorry to hear about all the problems. Don't let this guy get away with any of it!!
2006-12-12 10:06:52 · answer #8 · answered by Anonymous · 1⤊ 1⤋
small claims court if you can, if not get a lawyer. Read through the lease thoroughly to make sure he is responsible for those things.
2006-12-12 10:10:13 · answer #9 · answered by Jkeo 1 · 1⤊ 0⤋
Because your landlord is a jacka$$.
2006-12-12 10:05:55 · answer #10 · answered by osakasuki92 2 · 1⤊ 0⤋