Not paying rent.

Discussion in 'General' started by Sideshow, Mar 22, 2013.

  1. Sideshow

    Sideshow Free reach around expert.

    Since I see we have some property owners here I figured this might draw some heat.

    Years ago my girl had brain surgery and I wrecked a bike head on into a guard rail. Well the recovery and bills put us into major debt. I rented a crappy trailer to save money so we could pay off our massive medical bills and then move on.
    Until this issue I have never been late on rent and never had one issue with the land lord

    Fast forward to 2012 and early in the year my landlord turned the property over to her nephew . The Property started having issues and no one has even come to even check them.

    Toilet broke and I have to leave the lid off to flush. Floor rotting from water damage due to leaking roof . carpet bad due to leaking roof. no drywall on the ceiling due to leaking roof. I noticed 3 of the supports giving way in the roof due to water log. A.c and heater does not work.

    Well after 2 months calling the landlord I told the woman not to pay rent and when Otis wants his money will he come get it. After 3 months he called and I told him to come fix the issues and I would pay him 3 months rent that I owe on the spot . Guy never shows.

    Jan 1 st I'm on my way home from out of town and Otis showed up and my fiance talked to him. My neighbor tells me he chased him off because he was cussing my fiance out .

    His stance is we owe him regardless of the issues and he wants us out. If we want the issues fixed I should fix them because I am a construction worker. He told my fiance we better be out in 30 days.

    Well since he doesn't want to talk to me I called code enforcement. Had the house inspected and now they might condemn the place. I have no lease on house so code enforcement tells me it will be hard for him to evict us since he will be hit with a lot of fines.

    Trying to buy my time and I hate this hell hole. I want to buy a house , but the investors are buying everything up :(
     
  2. Mongo

    Mongo Administrator

    You've got more rights as a renter than he does - by quite a bit.
     
  3. Sideshow

    Sideshow Free reach around expert.

    Kitchen ceiling.
    [​IMG]

    I took this video 5 minutes ago.
    [​IMG]
     
  4. Sideshow

    Sideshow Free reach around expert.

    Sad thing is how can a land lord get away with not fixing issues that are serious ?

    It's funny how I tell people I don't pay rent and watch their faces light up . After explaining the issues everyone agrees I shouldn't pay the bastard .
     
  5. Mongo

    Mongo Administrator

    Honestly not sure the specifics, someone else on here will know I'm sure. But overall I think you are kind of caught in a bind, you could get the authorities involved but they also may condem the place and then you're really screwed.
     
  6. ryoung57

    ryoung57 Off his meds

    What state are you in. Research "Uniform Residential Landlord and Tenant Act"
     
  7. socal

    socal Well-Known Member

    One solution is to use the unpaid rent to fix the place. Just make sure to document everything.
     
  8. Sideshow

    Sideshow Free reach around expert.

    Florida.

    I am hoping to buy a house soon so I won't be putting money into this place . The framing would have to be replaced and that won't be cheap.
     
  9. ryoung57

    ryoung57 Off his meds

    For Alabama:



    § 2.104. Landlord to Maintain Premises

    (a) A landlord shall

    (1) comply with the requirements of applicable building and housing codes
    materially affecting health and safety;

    (2) make all repairs and do whatever is necessary to put and keep the premises in a
    habitable condition;

    (3) keep all common areas of the premises in a clean and safe condition;

    (4) maintain in good and safe working order and condition all electrical, plumbing,
    sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including
    elevators, supplied or required to be supplied by the landlord;

    (5) provide and maintain appropriate receptacles and conveniences for the removal
    of garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and
    arrange for their removal; and

    (6) supply running water and reasonable amounts of hot water at all times and
    reasonable heat except where the building that includes the dwelling unit is not required by
    law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot
    water is generated by an installation within the exclusive control of the tenant and supplied by
    a direct public utility connection.

    (b) If the duty imposed by paragraph (1) of subsection (a) is greater than any duty
    imposed by any other paragraph of that subsection, the landlord’s duty shall be determined by
    reference to paragraph (1) of subsection (a).

    (c) The landlord and tenant of a single family residence may agree in writing that the
    tenant perform the landlord’s duties specified in paragraphs (5) and (6) of subsection (a) and also
    specified repairs, maintenance tasks, alterations, and remodeling.

    (d) The landlord and tenant of any dwelling unit other than a single family residence may
    agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling
    only if

    (1) the agreement of the parties is set forth in a separate writing signed by the
    parties and supported by adequate consideration;

    (2) the work is not necessary to cure noncompliance with subsection (a)(1) of this
    section; and

    (3) the agreement does not diminish or affect the obligation of the landlord to
    other tenants in the premises.

    (e) The landlord may not treat performance of the separate agreement described in
    subsection (d) as a condition to any obligation or performance of any rental agreement.


    (f) Rights of the tenant under this section do not arise if the condition was caused by the
    wilful or negligent act or omission of the tenant, a member of his family, a licensee or other person on
    the premises with his consent.
     
  10. BC

    BC Well-Known Member

    Document everything. Use the unpaid rent for first and last on a more suitable place, and get on with your life.
     
  11. pickled egg

    pickled egg Works with puppies, too

    Dbl check the laws in your state. In MN, a renter has to put the rent in escrow until final disposition. I wouldn't go spending it until the matter is settled (and GTFO of there already).
     
  12. ryoung57

    ryoung57 Off his meds

    Florida is much the same:

    Landlord's obligation to maintain premises:
    (1) The landlord at all times during the tenancy shall:
    (a) Comply with the requirements of applicable building, housing, and health codes; or
    (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.
    The landlord's obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

    (2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
    1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph.
    2. Locks and keys.
    3. The clean and safe condition of common areas.
    4. Garbage removal and outside receptacles therefor.
    5. Functioning facilities for heat during winter, running water, and hot water.
    (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices.
    As used in this paragraph, the term "smoke detection device" means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.
    (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.
    (d) This subsection shall not apply to a mobile home owned by a tenant.
    (e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.
    (3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord's duty is determined by subsection (1).
    (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. Title VI, Ch. 83, Sec. 83.51
     
  13. Tristan

    Tristan Well-Known Member

    I was leaning towards "you're screwed" until I got to the end and saw "no lease"... I wouldn't pay a cent until issues are fixed. Sounds like that will never happen, so work towards getting the hell out of there.
     
  14. Hammer 4

    Hammer 4 Can't Touch This

    I wouldn't, only because the place gets fixed up, and bubba isn't held responsible for anything, plus, there may be renters laws against doing this, and you may end up owning him anyways. So be Careful about what you do.
     
  15. trancework

    trancework It's always now...

    Seriously, I think that ghost is flipping you off. I wouldn't take that if I were you!
     
  16. cooker1

    cooker1 Well-Known Member

    Landlords responsibility you are not liable ! I would not fix anything also document it all so if he tries to come back on you for back rent you have proof ! I am a landlord and fix any problems as soon as they arise ! Renters have more rights than landlords it sucks for me especially when I get a shitty renter who wont pay takes me a couple months to get them out plus a ton of $ !
     
  17. TurboBlew

    TurboBlew Registers Abusers

    You can withhold the rent but it must go into an escrow account. THe roof leaking is a MAJOR violation. I would not make repairs or fixes as a renter.
     
  18. ms.madman

    ms.madman Well-Known Member

    If you don't want to stay there, but can't get a house just yet, move into a better 'shittier' trailer for now. Can't be to hard to find, except for the no lease option maybe. Not sure how easy that is to find around there.
     
  19. crazywolf450r

    crazywolf450r Well-Known Member

    Move.

    He has no recourse against you with no lease agreement in place. There are much better hell holes to be stuck in.
     
  20. kenessex

    kenessex unregistered user

    I think Dits has a chicken coop that is nicer than that place. Move in with him.
     

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