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Should I pay rent or not pay rent or move out w/o paying rent in 2-3 months?
Last year in August 2008 my family and I moved into a house, living on the 2nd and 3rd floors. We knew it needed work and verbally negotiated with the landlady to do repairs in exchange for cheaper rent. We pay $550 a month for 5 bedrooms. We can use 3 of the bedrooms.
We drywalled and painted the kitchen walls and ceiling, installed a hot water heater 2 days after we moved in, drywalled a bedroom upstairs and since then part of the ceiling has caved in because of water leaking through the roof. A small part of our dining room ceiling has caved in also. Both of these ceilings caving in happened just days ago.
We also lived all winter without a furnace because she couldn't afford to buy us one. We couldn't afford to buy one either. We've paid overdue water bills/sewage (have taken it off rent payments) with practically no warning because she didn't pay the old bills herself. Water and sewage is now under my name.
Have a lease but it was never signed by either party. She kept procrastinating and it never got signed.
The 1st floor apartment (never has been rented because she thought she wanted to live there, moved a bunch of her stuff in and then changed her mind) now no longer has gas or electric service. Notices were posted on that door and she owes over $2800.00 in Gas and almost $600.00 in Electric. Before the electric was shut off she asked if I would put it in my name. Again, no notice, it was being shut off that day. I did not do it.
What should we do...not pay July's rent, plan on moving? Thanks for any suggestions.
I do have copies of all rent receipts/checks.
She mentioned the other day she planned on filing bankruptcy.
Thanks again
We don't think we are going to get our deposit back because she doesn't have the money. She's not working a regular job.
We have done tons of work on this place.
She's not paid 2 years of taxes either. We did not know she was in dire financial straights.
I am not looking to "cheat" her out of anything. Just to recoup my deposit. We don't care about recouping the value of the work, we agreed to that. That is not the point.
I am not being a busybody, just voicing a legitimate concern. I'm sorry Wildcat but I think you are wrong and thickheaded. She was supposed to provide a furnace that worked before winter set in and she didn't. In fact, she provided NO HEAT. We had to buy our own heaters to have heat this winter. What is busybody about that???
My point is that we are worried that she is not paying the mortgage on the house. We don't want to find out in 4 months that the house is in forclosure and we have to move. We don't want to forfeit our security deposit. Like I also said, I had no idea of her financial situation nor that she would not be working when we first rented this place. That came as a surprise.
4 réponses
- il y a 1 décennieRéponse favorite
This is a nightmare situation.
First of all, as a tenant, in some states you are within your right to withhold rent if the place is uninhabitable, which it sounds like this place is (caving in ceilings, no furnace, etc.). http://www.caltenantlaw.com/Habitability.htm You need to find out the laws in your specific state. This is easily accomplished by a Google search.
I'm not 100% sure how this would work, but because no lease was ever signed, it sounds like you might be an at-will tenant, in which case you can move out with proper notice (e.g. 30 days). If there was a verbal contract (e.g. 6-months at $550 a month) you are likely required to uphold it, with the caveat being the habitability issue I mentioned above. However, if the landlord has not upheld their end of the contract, they could be in breach, and you could have legal remedies against them. For instance, you should not be paying utility bills on the entire property if you are not using the entire property. Rather, these should be pro rated.
You may be out of luck for recouping the value of the work you put in, because it sounds like this was part of the lease agreement, but I don't honestly know because the situation you described is so convoluted.
Perhaps you should contact an attorney and get actual legal counsel, because this is a problem beyond the scope of a simple answer.
- il y a 1 décennie
You knew what kind of deal you were getting into in the first place. It would be wrong to cheat this person out of rent money. Your family has taken on a lot of responsibility by renting this property. It sound like you got a great deal though. If you want the home owner to due the work, and are tired of a handy man special, renegotiate the terms of the deal.
It sounds like a lot of the work you have paid for your self in exchange for rent. Is this right? If you have already asked for a lease with a option to buy, then sign the paper work. This way all the money you invest in the property will return to you, if you buy it. Look she is in a bad place. She bought a property, that some real estate agents told her could look like a doll house some day with a little work. She may just be willing to give it to you. Before you agree to that, ask to see the loan information, find the interest rate, and home insurance cost. ALso find out what the taxes are for the property. If she is behind on every other bill, then she maybe behind on taxes to. Some times you can go to the county records office online, type in the property address, and find this information. If you dont like the lady, then find out who owns the property, maybe they will be willing to do a short sale, meaning you may get a better deal. But with as many problems this property has goo luck finding a loan.
The real estate market is going to go up, some day.
GOOD LUCK
No heat in the winter time is bad. How much taxes dose she own? Do you know in some states you can take over a house by paying the taxes? THat is why is most loans the bank pays them for you. I can understand being tried and wanting out. But if you like were you live, let her know you want to take over the house. Do you have renter insurance? it should cover any damage to your personal belongings.
God bless
- Anonymeil y a 1 décennie
IT IS ILLEGAL TO withhold rent for things needing to be fixed!!!
The 1st floor apartment has NOTHING to do with you!
Her filing bankruptcy and owing back taxes also has NOTHING to do with you!
If you do not pay rent then you will be evicted, It is that simple!
It also does not matter if you think you will not get your deposit back. You CANNOT use that as leverage!! You just have to wait the legally allowed 30 days she has to return it and sue her if she fails to. You cannot do anything about it until that time passes.
Any work you have put into the place that you DO NOT OWN is also completely immaterial.
I'm sorry to be blunt but you are just being a busy body and have no law on your side.
Source(s) : I'm a property manager - mtwaitesLv 7il y a 1 décennie
I think that with the money that you have put into the house, that you should get it off of her. I don't think that you should just leave that house to other people, or let it go to foreclosure. You have put in so much money into that house, and it doesn't really seem fair that you should have to move.
I believe that you should tell the land lady that you will get the house from her, and that she can pay you rent to stay there. That way, she would be able to keep a place to live for herself, and you won't have to worry about the place being going to foreclosure.
Either that, or you can get it off of the lady, and then put it into a situation where you could put it on the market and do a flip situation, or you could do something like that. I know that the land lady owns it, but really come on, it was your money that you put into doing the repairs, so it is your thing, and not hers.
What did she actually do to keep up the house? I don't think that she should walk away with the house or put it up on foreclosure. I think that you should go to the tenancy branch, or go to a residential lawyer and talk with them about this.
Good luck!
