Serious Landlord Issues. (apartment, lease, tenant, construction)

[anonymous85]

I need some advice on how to handle my current situation.

My fiance and I have rented a home in Richland County. There are some personal connections between myself and the property owner but he operates through a property management company. I feel as if I am stuck between a rock and a hard place in this situation but am pretty much at the point of taking it to my full legal right.

When we first looked at the home it was in very poor condition. We were told that the home was being fully repaired as the last tenants had resided in the home for approx. 20 years and during that time was not well maintained. In good faith we accepted the home and eagerly awaited the move in date. The move in date was pushed back by a week at the very last minute, by this I mean the day we came to sign the lease which was the afternoon before our move-in date. We agreed to the date and were compensated with a pro-ration in rent for the first month.

The move in date arrived and we found the house still unfinished and a total mess! This was despite the fact that we were still being told, yes go ahead and move in. We had little option because we had to vacate our previous residence. When we arrived there were tools everywhere, all surfaces were coated in drywall dust, many of the repairs that had been made were not done correctly and a lot of things still had not been done at all. We addressed this immediately and were assured that things would be taken care of promptly. I spent the first 4 days scrubbing down key areas of the home which had obviously not been cleaned in quite some time. The dust had dirt looks almost fuzzy there is so much of it. Nothing, even at this point has been done by anyone except for myself.

After we moved in it was almost 2 weeks before we saw anyone here to fix anything. This includes the large pile of junk in the front yard (right off the porch) that consisted of what they had torn out the house during repairs and trash from the workers. This included nails and razorblades I had to get out of the ground after the removal of the pile by a company the property manager hired for the safety my family. They have finally started fixing things around here but they seem to be focused on the smaller issues and have yet to address the major issues.

It was 3 weeks before they finished the floor in our living room and we are just now able to move furniture into our living room. Our kitchen is almost completely useless. There was initially a huge bug infestation which luckily has been almost completely taken care of mostly by us but they have brought an exterminator in since. The stove/oven is completely unusable, the sink fixtures leaked seriously, the dishwasher drain hose poured onto the floor as it is not connected to anything under the sink and pretty much the only usable appliance is the fridge...which I might add is mine. I was told today that we are kind of in limbo between the owner and property management company because the specific stove size is odd and will be about $1100 to replace. So not to expect anything to be done in short order. In the mean time I have fed my daughter and fiance solely out and from a microwave since we moved in. This is not only unhealthy but also quite expensive.

The other biggest issue is that this 2 bathroom home has only one functional bathroom- the master. The main household use bathroom is first of all so disgustingly dirty I have not let anyone use it and am completely unwilling to clean it, I have shut the door. On top of that the sub floor is so soft I am afraid that by filling the tub with water could potentially cause it to fall through the floor. The toilet is broken and nonfunctional and the only semi-working thing in there is the sink...kind of. Oh but they did replace the exhaust fan...an obvious priority! We have been told that it will get fixed but will take a good bit of time to get it done because it's a big job...

Although there are many other smaller issues these huge issues are my immediate concern. I am going to meet with the property manager later this week prior to paying the rent that is due on the first. I have read the lease and several online forums and have yet to figure out what my rights are. Yes, I know that it is their responsibility. I also think at this point we have surpassed the good faith and reasonable time line on these really large issues. What I don't know is what I can do about it, short of moving out.

I feel that by prorating the rent myself is a fair compensation and will be satisfied for the time being with this solution but I don't think they will go for it. Do I have any rights in which to demand this?

( (# of rooms in home) / (rent) = (rent per room) (rpr)x(#rooms unusable)=(rpr total) (rent) - (rpr total)= (pro-rated amount) )

I feel that due to their disconcern and procrastination I should not have to pay for the full rent since I cannot use the entire house, especially main functional rooms.

Can anyone offer any advice here?
Normally, I would have been all over someone about these issues but because of the semi-familial ties here I am trying to keep my cool. But at this point my family comes first and I am at a loss with how to handle the situation. HELP!!

[STT Resident]

What does your lease say about maintenance and repairs? Have you put anything in writing or has all your communication with the landlord/management company been verbal? Have you taken photos?

Suggest you read your lease carefully to see what the LL's obligations are re repairs and maintenance, take photos of everything if you haven't already done so and put IN WRITING to the property management company with copy to the LL by certified return receipt mail all your concerns and a request for an immediate rent reduction to remain in effect until the necessary repairs are made. You should also Google "(your state) landlord/tenant laws" to see what they say about habitability and also cross check with your state's health department as the condition in the bathroom is probably illegal. In my opinion you should think less of the relationship between you and the LL and more about the relationship between your family and this wreck of a house! Good luck!

[NY Annie]

You don't say what state, so you'll have to do the work yourself - look up the landlord-tenant statutes for your state. Is it required to supply a stove? If so, insist upon it. When you read the statutes, provide the relevant information so people can properly advise you.

Google is your friend

[Chayleah]

Like others said, check your state's landlord/tenant laws.

In Ohio a tenant cannot just decide to withhold rent even if the home is inhabitable. The tenant must notify the landlord of the material defects in writing (certified mail) and then deposit rent in an escrow account until the repairs are completed. So in essence you are still paying rent (landlord can't start an eviction for nonpayment) but the landlord doesn't get the money.

[suzy_q2010]

Originally Posted by anonymous85

I need some advice on how to handle my current situation.

My fiance and I have rented a home in Richland County. There are some personal connections between myself and the property owner but he operates through a property management company. I feel as if I am stuck between a rock and a hard place in this situation but am pretty much at the point of taking it to my full legal right.

When we first looked at the home it was in very poor condition. We were told that the home was being fully repaired as the last tenants had resided in the home for approx. 20 years and during that time was not well maintained. In good faith we accepted the home and eagerly awaited the move in date. The move in date was pushed back by a week at the very last minute, by this I mean the day we came to sign the lease which was the afternoon before our move-in date. We agreed to the date and were compensated with a pro-ration in rent for the first month.

The move in date arrived and we found the house still unfinished and a total mess! This was despite the fact that we were still being told, yes go ahead and move in. We had little option because we had to vacate our previous residence. When we arrived there were tools everywhere, all surfaces were coated in drywall dust, many of the repairs that had been made were not done correctly and a lot of things still had not been done at all. We addressed this immediately and were assured that things would be taken care of promptly. I spent the first 4 days scrubbing down key areas of the home which had obviously not been cleaned in quite some time. The dust had dirt looks almost fuzzy there is so much of it. Nothing, even at this point has been done by anyone except for myself.

After we moved in it was almost 2 weeks before we saw anyone here to fix anything. This includes the large pile of junk in the front yard (right off the porch) that consisted of what they had torn out the house during repairs and trash from the workers. This included nails and razorblades I had to get out of the ground after the removal of the pile by a company the property manager hired for the safety my family. They have finally started fixing things around here but they seem to be focused on the smaller issues and have yet to address the major issues.

It was 3 weeks before they finished the floor in our living room and we are just now able to move furniture into our living room. Our kitchen is almost completely useless. There was initially a huge bug infestation which luckily has been almost completely taken care of mostly by us but they have brought an exterminator in since. The stove/oven is completely unusable, the sink fixtures leaked seriously, the dishwasher drain hose poured onto the floor as it is not connected to anything under the sink and pretty much the only usable appliance is the fridge...which I might add is mine. I was told today that we are kind of in limbo between the owner and property management company because the specific stove size is odd and will be about $1100 to replace. So not to expect anything to be done in short order. In the mean time I have fed my daughter and fiance solely out and from a microwave since we moved in. This is not only unhealthy but also quite expensive.

The other biggest issue is that this 2 bathroom home has only one functional bathroom- the master. The main household use bathroom is first of all so disgustingly dirty I have not let anyone use it and am completely unwilling to clean it, I have shut the door. On top of that the sub floor is so soft I am afraid that by filling the tub with water could potentially cause it to fall through the floor. The toilet is broken and nonfunctional and the only semi-working thing in there is the sink...kind of. Oh but they did replace the exhaust fan...an obvious priority! We have been told that it will get fixed but will take a good bit of time to get it done because it's a big job...

Although there are many other smaller issues these huge issues are my immediate concern. I am going to meet with the property manager later this week prior to paying the rent that is due on the first. I have read the lease and several online forums and have yet to figure out what my rights are. Yes, I know that it is their responsibility. I also think at this point we have surpassed the good faith and reasonable time line on these really large issues. What I don't know is what I can do about it, short of moving out.

I feel that by prorating the rent myself is a fair compensation and will be satisfied for the time being with this solution but I don't think they will go for it. Do I have any rights in which to demand this?

( (# of rooms in home) / (rent) = (rent per room) (rpr)x(#rooms unusable)=(rpr total) (rent) - (rpr total)= (pro-rated amount) )

I feel that due to their disconcern and procrastination I should not have to pay for the full rent since I cannot use the entire house, especially main functional rooms.

Can anyone offer any advice here?
Normally, I would have been all over someone about these issues but because of the semi-familial ties here I am trying to keep my cool. But at this point my family comes first and I am at a loss with how to handle the situation. HELP!!

This the second thread I have seen recently where problems arose when people moved into spaces where renovations were in progress before the renovations were complete.

It seems to me that this property required a major overhaul, not just paint and carpet, and I suspect that the project suffered from the domino effect: trying to fix one problem uncovered several more. That means an increase in the expense of the repairs. So, has the landlord run out of money? With the sad state of the construction industry, he should have people tripping over themselves to finish the job, if he can pay for it. If the work is not being done properly, it sounds as if he is trying to cut corners by using unqualified folks to do the work. Have you met anyone who seems to be in charge of the project?

You need to sit down with the landlord and find out what is going on. If he has gone way over budget and will be unable to finish the house within a time frame you can live with, you need to move. If he does not want to release you from the lease and return your deposit, the habitability issue should help you prevail in court, if it comes to that.

I know you do not want to make waves that ripple through your family connections, but this is a business problem, not a family one. I guess the lesson here is do not rent from relatives --- or quasi-relatives!

The second lesson is do not move into a space that is not in livable condition. If you are considering moving into a house or apartment that is being rehabbed, do not give notice on the old apartment until the new one is finished or so nearly finished that you can live with it if it takes a long time to apply the finishing touches.

Edited to add: have the proper permits been pulled and any required inspections been done? If not, he may not be able to get a certificate of occupancy, even when everything is eventually finished.

[LongtimeBravesFan]

I never would have agreed to move into a dump to begin with, I don't care what promises they made that they ere going to fix it. The fact it kept getting delayed should have been ared flag. I suspect you cut them some slack because they are friends but your well being should come first.

That is why I avoid doing business with friends, especially when it requires handing over a bunch of personal financial information.

[manderly6]

While I have sympathy for you and the situation you didn't do yourself any favors. You never should have signed the lease with the repairs not done or had specific language added to the lease stating all repairs were to be done prior to move in.

[Faworki1947]

want to fix it right now?
call the city building inspector .. yup .. you MIGHT get red tagged but then again you might not and the LL/PM will have a time line to get it done ..