rental issues

[BlackDog]

For those smarter than me (shouldn't be too hard, I do drive the big blue oval!)

I ahve questions of a legal nature regarding tenancy... Fiancee' says that we have the advantage here, because we have a signed lease, and that the landlord is beholden to fixing the issue, or housing in similar housing at same price... here is/are my issue..(s)

The maintenance guy comes out to my house, 3 weeks after we move in, we signed our lease on 12/4... I guess it was January before he came out.. I had a brown out, I couldn't find, house pops fuses like none other... and ... well we figured it was bad power in, the main feed is spliced several places, its an aerial line that is lower than code... Old Farm House, they did what they wanted when this place was wired.

He replaced lightswitches, instead of troubleshooting and finding the fuse I overlooked, there are 4 main breakers, 3 sorry, for the house, and I went with the logical looking one, instead of checking all three.. Its two barrel/cartridge type 60 amp fuses that power my house.

If I run more than two loads of laundry in a day, if I run the dryer, the vacuum, and 6 lights at a time... if... I try to use a normal amount of power I smoke fuses.

Land lord doesn't want to sink any money into this place, as it is slated to be razed this fall, and they are building that new fourplex design that is everywhere in the valley, I rent from First Service Group, "Mr. Fourplex", they are also building that new community of plexes by the mormon church behind the Idaho Center...

Issue 2, my pressure tank for the well, went out 3 months ago, maybe.. mentioned something to the manager, actually it was January, as we found that the night that we had the brown out from Hell... I think it was going when we moved in as my water has always "pulsed"... That going out, led into the presure relief valve going out on the water heater, after the third time I cleaned up the mess in the basement, I called the maintenance guy... I also had to reset the water heater every morning for a shower, and by the end of the day, the water would scald you.. He replaced pressure relief valve, didn't look into bladder tank (can't hardly miss that lil' guy, the plumbing shakes when the pump cycles), and didn't check the t-stats on the water heater, by the way, they were set at 90 degrees, and the water was hot enough came out 150 or better, perfect for Ramen, straight outta the tap.

3 weeks later when the water heater quit... I got new t-stats... Yay! No more resetting the h20 heater every morning to take a shower, or showering the night before, and forgetting too, and getting that phone call from the missus, regarding ice cold showers. Mentioned the Bladder tank, the one I brought up to the property manager gal in January... the one that wally couldn't help but to notice when he was out in February doing a relief valve... and apparently, it was decided, that I should get together with John, the owner and replace it for rent due for April.

Cool.

Except no one told me that til I called earlier this week, Monday maybe...(?) Tues. Weds. Thurs. Fri. I left messages for John to call me....


Tonight, 15 minutes ago, we lost our pump for the well.....


Where is my legal recourse if they decide that since this house is gonna get torn down and developed, they don't wanna put the money into it?

I am on a year lease......

 

[gijohn40]

find a better place to live... and walk out on the lease and if they come after you tell them you never got the things fixed that went bad... or tell them you want them to move you into a replacement house...

 

[BlackDog]

Just got off the phone with the landlord. I quote" Well, I am not gonna put any money into it, yall better start looking for a nother place, no I don't have any rentals, I will try to tap into a well from one of the other places on that property, and at least get ya some water, you should move quickly"

 

[waynehartwig]

It sounds like you are just in a he** hole that you probably should have never moved into; but I understand, gotta do what you gotta do.

Like GIJohn said, move and let them come after you for the remaining $'s on the lease and hope when it goes to court that you can prove all of this to the judge - judges always side against landlords unless there is solid proof of it not being safe/fit for you to live in. With that said, make dang sure everything is documented and you have pictures!!!!!! You won't have a case with the judge if it's your word against theirs!!!

Or stay there and try to live it out for another few months.

Or you can talk to the owner/manager and try to have a heart to heart with them and maybe they will be nice and let you out of the lease. Do this in person and be stern, but not cocky. Tell them if the things aren't fixed, your moving and that you understand they don't wnat to spend the money to fix them. You want them to know your serious, but not threatening - try to keep them on your side and thinking that you are trying to help them as much as yourself and family.

Bottom line, even if it's going to be torn down next week, if they have rented it out and have someone living it, they have to keep it safe and liveable.

 

[StrobeNGH]

They have notice, and won't fix it: claim constructive eviction.

 

[Cody]

whats the lease say? the place has to be livable, and if it's not there should be a government entity that will come in and intervene. You can't charge rent for someplace that is unlivable.

I'd move to splitsville and find a new pad.

 

[BlackDog]

Okay, this am's conversation, was "I will run you water via a hose from the secondary well, which will be a short term help, not fix" which he did, and then he said y'all better find a new place.

Came home at 1 pm to find a 3 day pay ren or quit on the door, and the maint guy giving me water, traipsing through my house as if he owned it, he does everytime ("kev, fixed your water heater", "cool was Jennifer there?", "nah let m'self in")...

Read through the lease there is a warrany of habitability clause on the lease.... posted over on planet, and talked to a lawyer, and they both basically said (sorry Triple T there on planet and here on RME and the Lawyer I talked to are the they) 1, WOH isn't enforceable; 2, WOH doesn't apply to this because the WOH applies to the condition of the house when we moved in... and it was functional when we moved in...

Curious how, Gee Kev, I am not gonna spend money on that, you need to move" (said in a pleasant, and empathetic tone, turned into a three day pay rent or quit, they know I am waiting on a check from vegas, and they know that I am only two days late... and I have decent payment history...< point being there, that should not constitute a three day notice...

 

[waynehartwig]

Okay, this am's conversation, was "I will run you water via a hose from the secondary well, which will be a short term help, not fix" which he did, and then he said y'all better find a new place.

Came home at 1 pm to find a 3 day pay ren or quit on the door, and the maint guy giving me water, traipsing through my house as if he owned it, he does everytime ("kev, fixed your water heater", "cool was Jennifer there?", "nah let m'self in")...

Read through the lease there is a warrany of habitability clause on the lease.... posted over on planet, and talked to a lawyer, and they both basically said (sorry Triple T there on planet and here on RME and the Lawyer I talked to are the they) 1, WOH isn't enforceable; 2, WOH doesn't apply to this because the WOH applies to the condition of the house when we moved in... and it was functional when we moved in...

Curious how, Gee Kev, I am not gonna spend money on that, you need to move" (said in a pleasant, and empathetic tone, turned into a three day pay rent or quit, they know I am waiting on a check from vegas, and they know that I am only two days late... and I have decent payment history...< point being there, that should not constitute a three day notice...

It's been 9 years since I was a scum lord (landlord), but I think he can serve you that 3 day notice on day one of being late. If you leave, you are still repsonsible for the lease. But after that 3 day notice expires, he has to send you eviction papers. If at anytime you pay your rent, and he accepts it, everything is null and void and the lease continues as written - ie he can't evict you or etc. Next month when you are late again, he has to start it all over again. Try to give him partial rent; if he accepts partial rent, then that is a a new 'contract' between you two and again that will over ride that 3 day notice.

Did you get him stating to move on paper? If not, it won't hold up in court unless he agrees that he did say it.

I believe legally he has the right to enter the premisses to make emergency repairs without you even being notified. One could argue fixign the hot water heater was an emergency.... (burn the place down, etc)... But if you had a leaky faucet, he'd need to make an appointment with you. If you weren't available for such appointment in the near future, he could come in anytime during 'business hours', even though you didn't authorize it.

The landlord has a lot of rights and the tenant not so much. Before I was a landlord, I thought we had to tip toe on egg shells about privacy and etc. but you don't. Judges also go into court cases with the first opinion the tennant is guilty and has to prove themselves innocent and that the landlord is the scum.

Sorry to say, you're either going to have to live with your arrangements, or risk being sued in court for the remainder of the lease. He's showing initiative in the repairs... Only you know what is worht more to you.... I'm also not an attorney, nor do I know Utah laws - heck, I barely know CA laws (where I had rental properties)...

I'm not sure if they have this book for your state, but this is a REALLY good book and anyone in your position should own a copy!
http://www.nolo.com/bundle.cfm/objectid/2D4F1811-8286-4488-AB7A987FD5C92E18/213/178/
Yes, it's geared towards the landlord, but it also spells out his law and procedures; which can be turned around and used in your favor. It will tell the 'landlord' his responsibilties in a certain case, then you would know what his legal responsibilites are.

 

[BlackDog]

that is the direction we are heading, gonna pay him a bit, and go from there.
And it didn't bother me that wally was in the house, clueless but harmless, and I like the guy. Guess I stated it because I wasn't sure if it added leverage or not.