Need some Legal advice - if anyone knows any
J-rod wrote: ok this may get long:
my landlord is a toolbag. he is being a ^%$^$. He has been over here everyday since sunday removing the deck on the side of the house. not once has he notified me he is coming over or anything...i just happen to see him outside. Monday i think he hit my dog as i heard him barking then yelp..thats when i first saw landlord was here. he just comes right in and goes into the yard to do what he wants. ( i know your thinking well he owns the house...but according to a low i researched i have temp ownership while im renting and can instruct him not to come in without my permission...ill link it later) and i believe him to be coming into the house while im not here....therefor im changing the deadbolt tomorrow. well tonight he told me i have to pay him rent tomorrow so he can make his house payment (where he lives) on the first. well my rent isnt due until the first and no way am i paying his shady butt early. can i do that? can he make me pay it on the 31st?
also he was making me mow the grass....not in the rental agreement...and i put the wrong gas in it...causing motor to lock up well he said i owe him $250 to have it fixed...said they cannot bore the cylindar out....they have to put a new one in. well how do i know thats what it needs....and im not being screwed..i havent seen any bill. nor do i want to see a padded bill to get more money out of me and him not pay that much.....nor do i wanna pay that much and him return some unused parts and im still SOL. so i was thinking of making them send me the bill and ill pay it myself....or im not gonna pay it at all cause i never shoulda had to cut the grass.....and he has $475 deposit...he can take it out of.
DISCLAIMER:
i do not have a copy of the rental agreement...but know what it said
Quote:
Jared will rent house at Rt. 1 Box 466 from Rico begining Nov 11 2005. Rent will be $475 and due on the first of the month. there will be a 30 day notice prior to moving out
now he keeps telling me on the first of the month that he is selling the house...then at the end he says he's not...right when rent is due again... i was told that that may be my way out of the 30 day notice clause in the rental agreement.
so what i was considering doing:
not pay rent this month...and tell him il be out June 30th.
tell him sorry about the mower..he can have it fixed with the deposit $
changing the lock to keep him out of the house without my permission
telling him he cannot come over without my permission..especially while im not home.
can i legally do this?
here is the law i was researching:
WV 37. article 6 section 1 thru 30 (30 is a big one)
http://www.legis.state.wv.us/WVCODE/37/masterfrmFrm.htm
also should mention the gas company refused to light my furnace due to a cracked chamber. he said he had it inspected and they said it be fine...so he came and lite it. also i was without heat and hot water for 3 days.
i was without a working stove for several weeks.
the water valve to washer leaks and will not completely close...causeing my water bill to be high. (not to mentione my gas bill with 2 people living here is more than his was with 4-5 here) the water lines for washer were heavily corroded and unusable. the pool left here was/is rank smelling and attracting bugs. (i have pics of all this stuff)
if have questions ask...ill help you help me.
going to see a lawyer tomorrow..but id like to get some feedback prior.
THANKS!
Bee_Kay replied: I have no legal advice....
but I'd hightail it OUT OF THERE ASAP!!
Brias3 replied: Try doing an internet search to start with by looking up the Renter's Rights for your state. Each state also publishes these rights in book form that you can order for around $5-10 so its a bit easier to navigate. There you can find some plausible facts to back you up and your lawyer can probably be of much assistance to putting together your arguments as well.
Also, you mentioned you no longer have a copy of the agreement. Does that mean you misplaced it or was one never given to you? Reason I ask is that I know for a fact that most states will have something in their Renter's Rights about the rule that each individual member of a unit must receive THEIR OWN copy of the lease agreement from the landlord at the time of signing. In the state of Minnesota, where I went to school for two years, it stated that anything in the lease could not be used in a court of law if a copy was not given to the residents- for example, he couldn't accuse you of paying late or not abiding certain rules, etc. Also, having your accusations about him clearly written out will help too.
Good luck! I know how much of a hassle that type of situation can be.
J-rod replied: we have a new house waiting...we just waiting on the new hot water tank and plumbing lines to be installed...
i linked the renters rights i have found
and also i was NEVER given a copy of the rental agreement.
if it wasnt for steph and the baby id be in jail tonight....it was all i had in me not to beat the living s*** out of him tonight. 
guess being a daddy and SO makes ya change your ways....cause past times..i wouldnt have thought twice.
luvmykids replied: I'm sorry, this is so frustrating and you have much bigger and better stuff to be spending your time on!
The only thing I can chime is this:
In our state, they cannot come on the property without notice/permission, and ITA that you should let him repair the mower out of the deposit.
Good luck, KUP!
J-rod replied: thanks all....man what a headache. im having steph stay with her mom/dad until we get moved...she doesnt need to be around this....and its gonna get ugly tonight....cause ive had it...enough is enough
ALSO - will a mod delete my second sentance in the original post. that was uncalled for on my part and thoughtless. sorry PC.
luvbug00 replied: I hope you documented EVERYTHING YOU CAN! keep all recepts find all phone records ( if you used a cell to converce with him.. I'm not sure if regular phones list calls..i don't have a land line so i don't know..) Make sure you have all you can to show the lawyer and if you can talk with your neighbors and see if they have seen heard anything and if they will write a statement saying so.
GOOD LUCk!
J-rod replied: i dont know my neighbors....landlord lived htere before me a pissed them all off....so i never really got to know any of them. and ive only lived here since nov. 11
boyohboyohboy replied: I think your ideas soung like a good one, getting out and letting him take the money out of the security deposit for the lawn mower, but I still would request a receipt.
I think if you call any lawyer and ask for some advice over the phone they usually do a free consult, I have done that before. Just ask if its case worthy.....
I dont know that you might just want to let it all go, and get out as fast and painless as possible, just to make the problem go away, and get on with your life with your SO and baby...
next time demand a copy of the agreement...
J-rod replied:
thats what id like to do...but im tired of being taken advantage of....and its makin me crazy. and i know him....he will try to screw me every way possible...i used to work with him...and seen him laugh about making 500-1000 extra off a customer.
mom21kid2dogs replied: Anytime you are not paying rent to your landlord for any reason you must set up an escrow account and put it in there. This protects you from eviction for non payment of rent.
The other issues will depend on the laws in your state. In Ohio, I'm fairly certain the landord can come onto the property whenever he wants. He cannot, however, come into the house without your permission (ie you are home at the time and you grant it) or without giving 24 hours notice.
You can request a copy of the rental agreement in writing. Specify a reasonable time frame to recieve it 97 to 10 days seems more than adequate to me)
If the mower was broken by you it appears you have two choices: fix it (or have it fixed) or replace it. I don't think I'd leave replacing upto the landlord at this point. Was it new? If not, he's likely only entitled to a portion of the cost of a new mower.
Glad you have another place to live in the wings~sounds like you'll need it! Good luck!!
J-rod replied:
dont care about that...got new palce lined up
J-rod replied:
mower was 5-6 years old
boyohboyohboy replied: I hope things can be resolved fast, with the least out of pocket expense to you... did you say you are going to talk to a lawyer soon? I would be interested in hearing what you find out the laws are if you dont mind posting it..
I also thought that taking the mower to get fixed yourself is a good idea then you know you are not being taken for that expense.
I bet you cant wait to get into your new home.
Good luck
TheOaf66 replied: I was in a similar situation once. Look over the lease that both of you signed for the rental agreement. So based on the experiences I have had
1. You do not have to pay your rent early, he cannot make you if the lease says the first then he can't change it.
2. About the mower, if nothing else since it was not your job and he did not instruct you as to the type of fuel it takes then it is partly his fault so you should at least go 1/2 with him but I would take it somewhere else to have it looked at and get your own estimate.
3. I would be careful about the dead bolt thing, my leases always said that I could not do repairs like that w/o permission but there should also be a clause in there about entering the premisis w/o permission. The outside of the property they pretty much can go on but if the deck removal is hindering your access to your house at all then that is a problem.
It sounds like this guy is trying to really screw you over so I would start lookin for a new place and there should be a division of the PD to cover landlord/tenants...ask the lawyer about it...hope some of this helps.
J-rod replied: we have new place waiting.
Oaf -the lease was all of 6 lines. posted in first post.
i will post what my lawyer says today. going in at 2pm.
TheOaf66 replied: well if that is the case then you are bound by nothing. You can change the deadbolt, you don't have to pay until the 1st, etc. As long as the rent is paid and the notice is given, you can pretty much do whatever you want.
J-rod replied: came home to a mess tonight! went to steph's mom/dad house and came home around 10:30...saw water runing down side of house. went out back...my newly washed and medicated dog is covered in water and mud....its not raining....landlord drained the pool he didnt even use a pump or channel water anywhere...took out a side of the pool and let water run down the hill to the house. muddy everywhere..... AND i specifically asked him to let me know ahead of time so i can make sure the dog is not here.
what an A$$hole.
lawyer 1 said he hasnt done anything to make a case in court about...talking to lawyer number 2 tomorrow. im paying rent and giving my formal declaration of moving out june 30th. also telling him to stick it..im not paying for the mower...he has my deposit..use it. also the lawyer said its very hard to do anything to landlord..unless is blatantly offensive, illegal, or hazardous. renters rights my butt. 
pic # 1 - pool monday evening
pic # 2 pool tonight
mckayleesmom replied: Ya...I would definantly suggest just moving out...Tell him to take the lawnmower money out of your deposit and be done with it.
holley79 replied: I'm not sure what the laws are. If that is all that your rental agreement stated then there is nothing he can do. Did he ask you to mow the grass? If he asked you to mow and he didn't provide/ tell you what the right kind of fuel was, his loss. That pool is a health hazard, I'm sorry and should be reported. You should put everything in writing that needs to be repaired in the home. Have it sent to him, certified. Keep copies for yourself. Tell him he has 30 days to fix everything. I would do this just in case you are unable to move into your new home by then. I am so happy we no longer rent. With the wrong landlord you can have a mess on your hands. I know we deal with landlord/ teanant problems all the time. Unforunately the only thing the SO can do is keep the peace. 
I hope that your house is done so you and Steph can move into it. 
J-rod replied: i cant stand it anymore...not being able to enjoy your living environment...having steph stay with her mom/dad till we out of here.... she is prolly coming back tonight though....i miss her.
i wish i could beat the pi$$ outta him just once...
J-rod replied: AND ITS ON!
well steph called in a favor to a family friend (lawyer) and got good advice. we gave him a letter (notified) and a check for 2 weeks rent. we moving out in two weeks. he started throwing a fit...but i had an answer for it all..
monday we go meet with the lawyer taking our case in case he wants to sue.
things looking up...but dont stop wishing me the best. 
boyohboyohboy replied: 
|
