renters' rights

Discussion in 'Other Conversation' started by sixcloar, Dec 2, 2013.

  1. farouk

    farouk New Member

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    Tip: Take some digital photos of the problem when it's at it's worst. If you write to the landlord or the city, attach the photos. The city ppl will SEE the problem, and the landlord might start to worry the photos could go viral; she doesn't need to be threatened; simply the existence of the digital photos might make her act to fix the problem.

    PS: I posted the above, before I read the last post.
     
  2. sixcloar

    sixcloar New Member

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    We took pics yesterday and today. A plumber showed up about 30 minutes ago and took the toilet out.

    She called and gave us two (unacceptable) options: 1. She will wait to do repairs when we move out. 2. We can take a weekend trip at our expense, and she will do repairs while we are away. I'm calling a lawyer tomorrow!!
     
  3. Blizzard

    Blizzard Member

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    I think that's a good idea to contact a lawyer. Just the idea that you have a lawyer might make the landlord more willing to negotiate something that will work for you.

    I highlighted the part about not needing notice if it has to do with a health situation.

    "Notice:No notice is required to terminate a tenancy if the landlord has committed a substantial violation that materially affects health and safety."
     
  4. JosieB

    JosieB Active Member

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    Do you know anyone else in the entire state that is a landlord? If so, call them, ask who they fear their tenants calling. You might have to start contacting state agencies instead of local city ones, where she doesn't have as much pull.
     
  5. sixcloar

    sixcloar New Member

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    We don't know many people here at all. My sister's ex-SIL had rental property in the north parth of the state, I think. I'll check out that connection!
     
  6. farouk

    farouk New Member

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    Do you think that in your landlord's mind she thinks she is being constructive? or do you find her more confrontational than constructive?

    Sometimes as well as the stark physical realities of the problem in front of you, the background 'music' can count for something as well, particularly whether there is a spirit of confrontation there. Sometimes it's the 'music' that pushes the issue, one way or another.
     
  7. sixcloar

    sixcloar New Member

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    I think she is trying to do what is best for her and not her tenants. So "no", I do not believe she is trying to be constructive. She told us that her homeowners insurance would not pay for repairs. The boyfriend said her deductible is very high, thus she is not making a claim. A moisture inspection is $125, but she refuses to pay for one and is insisting that the wet floors still in place are simply from humidity not the sewage back-up. We asked for discounted rent since we are out a bedroom and bathroom and were told "no".
     
  8. Jackie

    Jackie Active Member

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    You might do a web search for a Renter's Advocacy place in your area.
     
  9. sixcloar

    sixcloar New Member

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    The person that I thought owned rental property does not.

    I am trying to decide about whether or not to have Servpro come inspect (at my expense for documentation purposes). Though I know the clean-up process is not being done properly, they are a restoration company, and that's how they make money. I know the landlord will not listen to that. We called an independent home inspector, but he charges $100 for every test. I'm not sure how many tests we'd be looking at. We would never recover our money unless we sued (and we don't have the money for that).

    We have a lawyer friend who is going to look over our lease before giving us any advice. It' a generic fill-in-the-blank lease, so I don't look for any surprises. We are having a very hard time determining what our rights are and how we can legally act on them.

    I had a very long conversation with the boyfriend (her repairman) last night when he was sent (at 6:30PM) to spray something he said would make sure no mold grew. It was concealed in a generic sprayer, so I have no idea what it really was. I told him that I was aware of the dangers of mold growth after 24 hours. He kept telling me that the water was up and that the floors were still wet from humidity not the blackwater. The humidifier is still running and filling up regularly, but the floors and carpet in one room is still damp.

    I assured him that my asthmatic child would know when mold was present, and it would likely result in an ER visit. He looked a little scared about that, but then went back to telling me that it was completely clean and there is no way mold would grow.

    They have decided to complete the plumbing repairs this weekend with us here-- drilling through tile and concrete slab to replace the plumbing. She will not pay for us to stay in a hotel, and honestly, I don't trust her to be here without someone here.
     
  10. sixcloar

    sixcloar New Member

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    I thought of someone who does own rentals. I'm not very close to the family, but am going to send an email to see if we can get some info from her.
     
  11. crazymama

    crazymama Active Member

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    Wow, what a nightmare!

    I hope you get some answers soon!
     
  12. sixcloar

    sixcloar New Member

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    We had agreed to stay through Jan. just because we have no idea what the future holds for DH's job, but I really think we won't. We haven't signed anything to extend, and our lease is up Dec. 31.

    The landlord just texted for us to call and discuss the rent and repairs. I'm pretty sure her boyfriend heard me tell my mom we were contacting a lawyer when he came last night. The windows were up, and I had no idea she was sending him. I hope he did. She needs to be scared.

    I am paying the rent today, so she cannot come back on us for non-payment. It's killing me, but we will do our part and take it from there.
     
  13. JosieB

    JosieB Active Member

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    Good, pay the rent. I know it hurts your sense of justice to do so, but it is the legally right thing to do.

    I'd definitely want out the 31st. That is NOT a safe, healthy situation to live in!
     
  14. Jackie

    Jackie Active Member

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    No, I'm not sure it IS the legally right thing to do. I'd put the rent in escrow.
     
  15. sixcloar

    sixcloar New Member

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    So our attempt to get information from the city was useless yesterday, and trying to get info from the state level has been the same. We were told to call HUD because they protect renters. HUD referred us to Fair Housing. Fair Housing Referred us to the State Center for Justice. We left a message there, but have gotten no call back. We did locate two local landlords. Both told us that ours is ethically wrong, but other than moving out and/or filing a lawsuit, we have no other option but to stay.

    We have a lawyer who is going to write her a letter, but the landlords and the lawyer said we need documentation of the damage. That means we have to pay someone to come do an inspection just to be able to document. We've already had a bout of hives and an asthma attack today. The next time that happens, we will go to urgent care just for the documentation.

    The plan for now it to completely tear out two bathrooms this weekend while we are present. (We have 3. One is already closed and we were told not to use one of the others.)The water will have to be turned off on Saturday. We cannot afford to stay in a hotel all weekend, and we have a 3-day swim meet and Nutcracker practices this weekend. The landlord now says she isn't waiting, and she will not accommodate us.

    How do you go about doing that?
     
    Last edited: Feb 4, 2014
  16. Jackie

    Jackie Active Member

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    I don't know. But I would let her know in no uncertain terms that she IS paying for your hotel stay. IT IS NOT AN OPTION. You have contacted a lawyer and an renter's advocacy agency (OK, stretch the truth a little!) and you are preparing to sue if she doesn't deal with it to your satisfaction.
     
  17. farouk

    farouk New Member

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    Seems like landlord is actively involved, anyway, however regrettable may be some outstanding aspects.

    Sometimes when people are threatened with lawyers, their instinctive reponse is to say nothing and do nothing.

    At least she is moving on generally, however unsatisfactorily.
     
  18. sixcloar

    sixcloar New Member

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    I'm waiting on the inspection to have a lawyer write a letter. We want to have documentation that we are in the right. I can hold the rent until the 5th, and she finally agreed to knock $50 off the rent. Honestly, that's almost comical. That's nothing for living with sewage in the house for 6 days and then having to live with a repair crew demolishing half the house through a super busy weekend (DH will be out of town).

    If money was no object, I'd move out ASAP and filed a lawsuit to recover any expenses, but unfortunately, we don't have that kind of money.

    We also called the EPA, who referred us to someone else, who said that this is between us and our landlord or a lawyer.
     
  19. farouk

    farouk New Member

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    Oh well, you got some kind of discount so far, however inadequeate, so I suppose it's very slight progress...
     
  20. JosieB

    JosieB Active Member

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    I'm not sure legally that's doable though. While it would be the right thing for the landlord to do, IMHO, it doesn't mean it's legally right...

    The landlord probably knows the law well (which may be why she's dragging her feet on the repairs) she knows she can because MS state law says you have to notify her in writing then she has 30 days to repair (at which point your lease will be up anyway....) and you can only use up to one month's rent to fix a problem to then deduct it from your rent and my guess is after what you described unless you live in a mansion that would be featured on MTV Cribs, one month's rent isn't going to repair your problems...

    Seems MS law favors landlords. GA laws seem to favor tenants. When my SIL had a problem with a rental she was living in she made 2 calls to have a county (or state, I can't remember) health inspector out to her house and they forced her landlord to repair immediately.

    My guess is, she's just waiting for y'all to get out so she can do the bare minimum repairs and lease it out to someone new in January...
     

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