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& throughout the house there were big holes n the floor.The plumbing was leaking under the house so bad that inside the house it had a tendency 2 smell moldy at times.When you'd flush the toilet, dirt would come up the drain n the bathtub & wouldn't go back down.Electrical problems as well. She'd plug something n & sparks would go flying everywhere. Then she found out from the gas co. that she had a gas leak. N between all these problems she wrote several detailed letters 2 her landlord & even sent pictures n hopes that he would fix things be4 they got worse.Well, her requests 4 immediate attention were denied.She never got any responses from that man what-so-ever.She decided 2 withhold the rent until repairs were made.He ended up taking her 2 court 4 $5thousand.She didn't have 2 pay him anything but she was evicted anyway & now the repairs r being made.Shouldn't this slumlord b held liable 4 sumthin.It was his neglegence n the 1st place that made her withhold the rent.got any advice?

2007-10-20 02:18:48 · 5 answers · asked by ? 3 in Business & Finance Renting & Real Estate

5 answers

Wow. Why didn't you move her out of there long ago?

WIthholding rent is not legal. SInce she did not have to pay him the back rent I am assuming the judge awarded her that amount in her counter claim.

She is ahead $5,000, which should pay for her move.

While the landlord is liable she is not without blaim. She either moved into these conditions, agreeing that she found them acceptable, or she created the damage herself. Holes do not magically appear in the floor. There is also the problem that she stayed, by staying she was agreeing to the conditions.

I am not sure what you mean about no foundation. Few homes are built right on the dirt, but again, the foundation was whatever it is now when she moved in there.

2007-10-20 03:51:41 · answer #1 · answered by Landlord 7 · 2 0

I am sorry to say but there is nothing you can do about it now. You should have called small claims court and send them the rent every month, this way she never would have been evicted. But due to the condition of the house, it sounds like it would have been condemed if you called the Housing Authorities, and that was the only way to get him to fix it. So know all you can do is learn from this experience, but you know this is a blessing in discuise. She is probably living in a healthier and more habitable location right now, which is better for health. So next time this happens here is what you do:a) send "certified" letters to the landlord requesting the repairs - be very specific, keep copies of the letters and the reciepts from the Post office, b) call the Small Claims Court - they will have you come in and set-up an account that the rent goes to until the situation is settled, c) call the Housing Authorities - be ready to move because if the property is condemed they don't give you much time to move, d) let the court do the rest, they will walk you thur the steps depending on the actions of the landlord. Good luck.

2007-10-20 02:48:07 · answer #2 · answered by Dreaming of home 2 · 0 0

She should have complained to the local housing commission or building code authority. She would have been moved out of the house anyway, from the sounds of it. It would have been condemned, I bet. From your description, it sounds like it would have been cheaper to level the place and build a decent house in its place.

I would find out who enforces the building code in your area, and tell them about the place. They will want to inspect this before it gets rented out again. Maybe they will force the landlord to completely upgrade the house, instead of just patching the worst things wrong there.

I would also look hard at the screen for the link that says, "Check spelling".

2007-10-20 02:28:38 · answer #3 · answered by Ralfcoder 7 · 0 0

withholding rent is illegal. She should have reported the place to the local housing authority. The scumbag landlord is legally in the right. Your MiL messed up by withholding the rent.

2007-10-20 03:47:32 · answer #4 · answered by Bob D 6 · 0 0

This is what I don't understand...what you are describing is UNSANITARY, and is a clear-cut case of constructive eviction.

Why didn't your spouse just move her?

I wouldn't make a dog live in the conditions you described.

2007-10-20 03:07:48 · answer #5 · answered by Expert8675309 7 · 0 0

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