Bad Landlords....What can you do?

Factual Questions
1

Ok…

A few months ago, I moved in to a new place. The landlady seemed nice (of course) so I didn’t anticipate any problems. Big mistake on my part. As of yet, nothing that we have asked to be fixed or changed has been done. When we call, it’s as if everything is ours to fix. Now I’m pretty sure that water leaking through the ceiling is not my problem to fix and neither is the leaking air conditioner. We have made several repairs ourselves, but being poor graduate students, it’s difficult to do too much.

So, my question is basically has anyone been through this before and what do you do? Are there laws about this? Who do you report to?

(Oh, not sure if this is the correct MB, so sorry if it goes somewhere else!)

Please help!

2

I don’t have specific answer for your problem not least of which is because the laws differ from state to state and even city to city and i don’t know where you live.

However, I will say that the landlord/tenant relationship is generally codified to death in most states and cities. It is certainly spelled out in detail in Chicago where I live. Both landlord and tenant rights are clearly spelled out as are remedies you can pursue if there is non-compliance. Most big cities will have these laws well in hand. Smaller municipalities may not but there is usually something laid down listing your rights (by the state if nothing else).

Big cities also often have non-profit organizations that are willing to help. Again, Chicago has these and I bet New York would but I can’t say for all places.

You can also search the internet. I found Rentlaw.Com which seems to have useful information.

In short you’ll have to help yourself (at least to start) but you do have rights so exercise them and don’t let your landlord walk all over you.

3

I guess it would depend on how annoying the defects are and how annoying the land lord (LL)is. The air conditioner leak might just be the normal condensation from cooling the air, typically the unit is slanted slightly downward out the window so that water just drips outside. If it’s a string of minor problems that the LL is a pain about, grin and bear it till the lease is over and move.

If however you have some significant quality of life issues (with the property) look into what in Ohio is called a “rent escrow program.” I’m sure there’s something comparable where your at. You provide the LL with a list of repairs with your monthly rent check, keep a copy for yourself. If by the end of the month they have not made significant progress toward fixing the situation, take your next months rent check, and a copy of the repair list to the local clerk of courts office. They will hold the check (and any subsequent checks you leave with them) and notify the LL that the following repairs must be made (and inspected) before they will release the money to him.

By law you have paid your rent and the LL cannot evict you for none payment, nor can he use that incident as grounds for an eviction proceeding. Furthermore the unit will be inspected prior to the money being relieved and any other code violations will be cited.

4

If your University is large enough, see if there is anyone in Student Services (or whatever it’s called in your case) that works with off-campus housing. Ask him or her about the landlord-tenant laws in your jurisdiction. Additionally, if your university town is big enough, there may be a local non-profit tenant’s right organization with available literature (helped me out!).

Also, in some places you can go farther than the “rent escrow program” that Ennui mentions, and hire a contractor to fix your rental place, deducting the cost from your rent and forwarding the receipts to your landlord. I should emphasize, of course, that 1) make sure you know exactly what the laws are in your city/state, and 2) if you do take any action, be scrupulous in recording information.

Finally: Is it a question? Check. Is it general? Check. Looks like you posted in the right place. Welcome to the Straight Dope.

5

I’m speaking as a landlord.

I actually encourage my tenents to get most problems fixed themselves and to simply tale the cost of the expense off the next month’s bill. They are usually delighted with that arrangement.

You might suggest that to your landlord. Just call her up and tell her that you’ve found someone who can give you a really great deal on whatever needs repairing, and ask her if it would be OK to just take it off the next month’s rent. If she refuses and doesn’t fix it herself, you might just go forward with that strategy anyway. Make sure to keep any receipts and send them in with the amounts subtracted from the regular rent. Even if she throws a fit later there’s not much she can do about it as long as you have been fair and reasonable.

6

Not much to add, just a comment for bnorton, Holy smokes you are trusting for a landlord.

I’ve got a great deal on a rental property in Idaho…

On reflection, I do have some advice Kyann, document any deficiencies, photos, descriptions and dates, so that you are not blamed for the problems when you move out.

7

It depends on what your agreement was with them. Sometimes they specify that it’s YOUR resposibility on the paperwork.

Go buy a book, ‘tenants handbook’ for your state. Costs $20 it answers all. Nolo press. nolo.com ?

One time I saw a book, ‘The Care & feeding of Tenants’ which showed owners how to get tenants to do everything themselves :slight_smile:

8

Thanks a lot guys! I think my LL could care less what happens to the place, but I’ll see what I can do. My roommate is the only one who actually signed the lease, so I’m not sure what that will end up doing, but we’ll see. I’ll just be sure to get out the ole camera and document the problems we already have left over from the last renters and keep bitchin about the new stuff. I just don’t understand why you wouldn’t want to keep your property in good shape, but I guess if people are still renting it, you’re okay for the time being…Thank heavens I graduate in May…

I’m in West Va, btw. :slight_smile:

Thanks for the welcome Zut!

9

What zut said.

Check with services your university provides. I’ve been to one that had attorneys available to students. Not surprisingly, these attorneys were well versed in landlord-tenant law. Such a service at your university could save you some frustration over the next few months.

10

Let’s see… you’re a grad student and are living in semi-run-down “student-esque” housing.

Um… no, there is little you can do. (Sorry.)

Do you have a lease? With YOUR name on it? All legit and legal like? If not there is absolutely nothing you can do.

Do you have a lease with your name on it? If so you can probably file a suit in small claims court for breach of contract: “My lease stipulates I will receive ‘X’ (e.g. a tenable dwelling with a non-leaking ceiling). I have not received ‘X’, therfore the LL is in breach of contract in which case said contract is null and void, i.e. I need not pay rent”.

Larger cities (NY, Chicago) often have a “landlord/tennant” court, since these arrangements breed a fantastic number of lawsuits (as you can probably see why).

As I suspect you are not in one of these larger municipalities, file suit in local small claims court. What do you have to lose? Your ceiling is still leaking, right? Sue the LL for a couple thousand (the amount of rent+deposit you’ve paid after you informed the LL the roof leaks), you’d be amazed at how that simple act gets people’s undivided attention. (And yes, filing a suit in small claims court is simple, generally doesn’t require a lawyer, and generally costs $25-$50 (filing fee).) Doesn’t mean you’ll win (or come anywhere close), but it will generally force your LL to stand up in front of a local judge and explain why they don’t maintain their rental properties. They may wish to make repairs instead of doing so.

Depending on local law and your own risk tolerance, you may wish to consider just not paying your rent. It’s often just as hard for a LL to evict an undesirable tenant as it is for a tenant to get an undesirable LL to fix what needs fixing. By the time the wheels of justice get around to you, you SHOULD have your masters and a job in a different state. It will take several months just for the LL to get an eviction order, and several months more before the local sherrif gets around to actually tossing your stuff into the street.

Of course I have just advised you to commit breach of contract (no-no on this message board), but…

In other words, you can file suit against your LL or force them to file suit against you. Let’s face it, probably neither of you has the time or resources to carry this out (or, neither of you has the resources that makes it worth the other’s time to sue you). So…

Your LL probably won’t fix the ceiling. Fine, don’t pay the rent. Now you’re both in the same boat, and both have the same legal recourse (small claims court).

The options I have described above may be risky and unwise, but I assure you they are in common use throughout the land. In New York City there are people who haven’t paid rent in YEARS slowly dragging their LL’s through court. Of course, their ceiling have leaked for the same number of years, so the trade-off is up to you.

Does your university have a law school? Since you’re a grad student you must know someone in the JD program. Ask their advice. IANALawyer (obviously), and this clearly ain’t legal advice.

11

I don’t know about W. VA, but there are some things that are not your responsibility no matter what they try to say on the lease. At least here in CA they have to provide working plumbing, hot water, heat and working appliances. Having a leaking roof wouldn’t be acceptable, either. They can request that you arrange for fixing it, but not that you pay for it.

12

IANAL and YMMV but the existence of a written lease is not the only thing which can establish a landlord-tenant relationship. If the tenant pays rent and the landlord accepts it, you have a landlord-tenant relationship which is every bit as valid as a written one.

Most cities of decent size have some sort of tenancy advocacy organization, either through the city or privately. Your university may also have a tenant resource center or housing authority.

One thing you do NOT want to do is unilaterally stop paying rent without proper notice to the landlord as to the reason why, assuming there is even a rent abatement ordinance in your city or state. Failure to pay rent opens you up to all kinds of problems not the least of which is eviction, which can go on your credit rating.

13

I must firmly reiterate, my previous post in this thread may not reflect: a) the laws in your area, b) good judgement, c) the best course of action, d) the opinions or beliefs of the Straight Dope Message Board moderators or members.

These are things you MIGHT do. Not necessarily things you SHOULD do.

Just to be safe, do not ingest my post… no, no, I mean do not do anything suggested in my post without first consulting a lawyer or any of the other legal aid recommendations already given.

Yes, tenants DO refuse to pay their rent and still remain in the property for years at a time. I am not suggesting that you follow this course of action.

14

I am a landlord and it takes me 14 days to get an eviction for non-payment of rent. THats 14 days till the sheriff puts you out on the street. Of course, laws vary. I suggest that you move if your not happy.

15

Well, if you think that it’s not habitable, you don’t have to pay the rent for the unit until they make it so. For about $25 you can find a lawyer at your local bar assn for a half hour consultation.