Slack landlord question...?

Question

My co-worker says her landlord of 2 years won't fix things in her house, that were written down in the walk-thru. The painters quit and never finished the house, they said because the landlord didn't want to pay. Another handyman has done the same. Landlord told her to trim the blinds with scissors (they were too large for the windows and caused gaps on either side). She refused and bought her own. The house is really drafty; he won't seal the doors. The vents are broken under the house, and her floors are freezing. She said she pays her rent on time and keeps reminding him of the repairs. He keeps saying he'll get the work done but he's really just a stingy person. She is withholdiing her rent right now but I told her she shouldn't do that. Does she have any tenant rights? What are they?

Answer 1

I own rental property in maryland so I can only really speak generally without knowing what state she is in. A landlord is not responsible for maintaining or repairing window treatments so she is on her own on that one. Air leaks around windows or doors are not considered a landlord responsibility either. As long as the doors and window open and close securely and do not leak water she is on her own with the weather sealing too. (although I would probably spring for the cost of a weather strip kit for her). As far as painting some states require rental properties to paint units prior to renting to a new tenant however this is mostly in commercial property (i.e. apartment developments). The heat and vent situation is definitely his reponsibility though and he would be required to fix it. Now the only exceptions to this (in some states) would be that if she did a walk thru inspection report in writing and certain cosmetic issues like paint, window treatments, door seals were on it and he agreed to fix them as a condtion of her renting the property she does have rights. But the rights cant make him fix them. It can only be used in court (if she decides to move based on the walk thru items not being repaired) to prevent the landlord from trying to make her pay the full balance on her lease if she terminated early. As far as not paying rent that can be risky. She needs to go to her local court and ask if any of these problem qualify for a rent escrow (the heat situation probably would) then the court will hold her rent money until the landlord makes the appropriate repairs and when they are done he gets his back rent money from the court. Otherwise if she just flat out refuses to pay and has no court involvement he can and probably will legally evict her.

Answer 2

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Answer 3

I live in California, and there are laws about such things. I had a landlord like that.

Withholding rent is leagal, if the money is kept in an account specified for it. It can work, but the landlord MUST be notified in a leagal way of what is happening, like a registered letter.

I'm sure your State has some department of Housing or such. Contact a para-leagal or lawyer, or research the laws in the library.

Best cure. Move out.

Costly (emotionally and finacially) cure. Sue. File an Order to Show Cause to make him fix things. It gets really nasty.
I left the place, movved 900 miles, to get away from the problems my complaints caused me. People stated lying about me, I felt threatened physically by other tenants, and the city did not care. Even the Police were unhelpful, even tho my propert was destroyed and removed.

Yes, there are Tenants Rights. But, money talks.

Answer 4

If she withholds her rent, he will kick her out minimumly. There is a certain way to withhold rent and noone has the right to just not pay. My lease states that if you do not pay, I have the right to lock you out and sell your property for back rent. The best way to deal with that landlord is move. It costs money for a landlord to fix a place back up. If it is half painted, etc. it will be hard for him to rent it and he will lose money. You can probably have some type of suit against him for breaking the lease but it will not be worth your time and effort. . .unless you like to fight for right. Even if you win some type of suit, there is no guarantee that it will ever be paid.

Answer 5

Move out.
Get the contract and read it throughly. See if it states anything about the conditions and what her right are and limitations... If it is or isn't that would be a good basis to break the lease because you the land lord has not honored the contract. Because of that you can say that you will move out or they will fix it . Be sure to have everything written out. Or to simplify hire a real estate lawyer for an hour and have him right a scary letter ;)

Good Luck.

Answer 6

In California renters can offset the cost of rent 2 times per year for repairs. If you are not in Cali check with your local department of real estate. Fix your stuff and take it out of the rent money. If you go to court you will win bigtime.

Answer 7

Check you phone book & see if there is a Landlord Tenants Act.There is were I live.The landlord should be responsable for fixing these things,or if you don't have the money for a lawyer see if you have a Legal Aid Lawyer were you live.They don't charge you. Find out from him what you rights are.Good Luck!

Answer 8

The landlord is not going to repaint your location with the right paint. He would possibly patch the roof once more, but it surely certainly demands a principal fix. Perhaps he's going to permit you to take a few off the hire should you paint the toilet your self. If you do not wish to are living with the present problems, then deliver your detect and transfer.

Answer 9

withhold rent but she will get eviicted if lord try to sue she will have to prvide her proof lord was neg if she can't he get his back rent if i were her i ask if i could do it myself charge 15 hr labor and part have it removed from rent

Answer 10

melady here in oz we have the dep of consumer affairs , otherwise take the mongrel to court