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My rights as a renter???

Posted by on Jan. 27, 2009 at 10:12 PM
  • 8 Replies

My mom has been renting this place for almost 3 years now..... i moved in after SO passed away in 07. So my question is......

Since then we have had our cealing leak at least 3 times, there is still a hole from him reparing it exposing pipes and loads of dust. The cealing also leaked by the laundry room and its still open......

This past summer when i was on maternity leave the sewer back up, and flooded our living room, they never replaced the carpet.... then as we were unpacking and putting up our christmas stuff, we found a whole bin of our christmas stuff was covered in mold, from being exposed to the sewer flood. 

We are in the basement of a house and the man that lives upstairs, actually came down when DD was 4 weeks old at 230 am screaming at me that i need to shut her up, "she is up crying every hour on the hour, Im almost 50 years old i have to work 12 hours in the sun i cant do that with no sleep...... and so on" To bad she went 4+ hours at night for feedings, and when she did wake up i fed her right away and she was quiet!

Is there anything i can do to get out of my lease? or anything i can do for them never reparing anything ever? sorry so long....

by on Jan. 27, 2009 at 10:12 PM
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Replies (1-8):
sooga_booga
by on Jan. 27, 2009 at 10:15 PM

Renter's Rights vary from state to state.

Google your state+renter's rights..

As far as your lease goes.. That depends on the lease and the terms of the lease that you signed.

                                        

Kittin1
by on Jan. 27, 2009 at 10:17 PM

call fair housing agency's

is he/she a land lord or actual owner??  look into other agency that maybe able to help cause this is a health code violation he/she is pulling if things are not getting fixed properly.


.: Get one @ BlinkieBee.com :.

jaytee
by Platinum Member on Jan. 27, 2009 at 10:19 PM

I think it depends on what your lease says but google renters rights for your state to be sure. Good luck

ILoveMCL
by on Jan. 27, 2009 at 10:21 PM

Make sure you check your lease. I know in the new place that we are moving there was something about if the sewer back up then the owner/ rental company is not liable, or something...maybe if it caused by us. I know in my state after a year the lease turns to a month to month lease. So I would just check your area and read through your lease.

HopeMamma
by on Jan. 27, 2009 at 10:21 PM

Call the health department tell them all this stuff they eat it up and usually send someone out there to check it out. The owners have to fix this stuff legally. We rent our Condo in Chico, ca and we havt to keep everything really clean and fixed or we could get into serious trouble if someone got hurt or sick from mold or sewer.

carlye828
by on Jan. 27, 2009 at 10:23 PM

If you have a lease, then both parties involved have certain legal obligations.  Is this man above you, that is screaming at you the property owner?  Anyhow, if you rent a dwelling, it has to be maintained, as long as the damage was not cause by the tenant,  or you do not legally have to pay your rent.  For example, your ceiling is falling through.  Document this with photos, get them printed out & notarized to prove the date, just to cover your butt.  Also write down the dates of how long this has been going on & how many times you have requested it to be fixed.  Tell your landlord you will be happy to pay your rent as soon as the property is in a safe, sanitary living condition.  He can scream and threaten all he wants.  Tell him to take you to court if he threatens, you've covered your butt with notarized pictures.  Just be aware, as soon as it is fixed, all of your past rent is due immediately.  No late payments can be charged, btw. 

carlye828
by on Jan. 27, 2009 at 10:27 PM

There are other answers now, it does not necessarily, depend on what your lease says.  If this is a lease that he made up himself, it is not a legal lease in the first place.  The lease has to be legal & to be legal it can not waive ANY rights of the tenant, in any state.  Get it out & read it.  If it seems fair to both parties, it is probably legal, if it seems like your end of the stick is heavier than his, then its probably not legal & you can get out of it pretty easily.

sillymom3
by on Jan. 27, 2009 at 10:40 PM

Okay I am a frequent "People's Court" watcher and there are always someone suing someone about this crap....first of all if it is a basement that he is renting, is it legal to be rented....in order to collect rent they have to have it inspected, and have a kind of permit to be able to rent....I have seen time and time again basement apartments on court tv that are NOT legal, and the "landlord" is not entitled a DIME, the lease is not valid if it's an illegal apartment.....I would call the housing authority and complain, they can tell you what to do....if it is a legal apartment maybe look in the lease for a 30 day notice clause, some leases will include this in them, where you can write 30 days notice of vacating....and if all else fails, you need to be documenting all this stuff, send certified letters requesting the things be fixed, if there is still no response, or adequet response, some states allow you to withold rent and instead use the money to fix the stuff yourself.  Do you have pictures of the place when the sewer backed up? do you know why the sewer backed up? Also a landlord can not come and complain about a baby crying, at least not the way that he did, if he is that frustrated will he let you out of the lease? My best advice is to call the houseing authority, because they are there to help protect your rights. I know things very from state to state, in some states Judge says (usually as she is scolding the illegal landlords) if a landlord collects money on an illegal apartment, some states make them pay YOU back the money you've paid, back to a certain amount of time. I pay very close attention to her when she is doing those cases, we have had our fair share of bad landlords...like the one that illegally evicted us, without a 30 day written notice to vacate, and thought he was going to get $3,000 of back rent...HA...man didn't pony up the proof that a 30 day notice was ever sent...which it wasn't....and his lawyer told him to back off. And by the way we only were behind 1 month, because of a $700 gas bill because the boiler that he was suppose to fix, was broken....and the windows he installed weren't sealed enough....How do you decide heat or rent in the middle of January? the other $2025 was in suposed damage we had done, which again he had no proof of, because we left the place cleaner then what we got it....people are just jerks, and some people are just in it for as much money as possible.....hope my rambling helped

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