Landlord/Apartment problem- Advice? (long)

I’m posting this here in IMHO becasue I don’t think there’s a definitive answer- it’s not really a legal question about renting. I’m just curious about what other Dopers with more renting experience would suggest, if anything.

I’m set to move in to a new studio (more of an efficiency, but in Boston everything including closets is a ‘studio’) apartment. Due to the grace and favor of my parents, I have two apartments (my current one and the new one) available to me in June. The previous tenant of the new apartment has alreday moved out and I have the keys, and could theorectically move in now.

When I first came in to ask for the keys, the rental agent/landlord- Stan*-told me he had been to look at the apartment and that, in his opinion, it was in dire need of new paint. At this point, I had only seen the apartment for a brief period of time with the previous tenant standing around looking impatient, and I hadn’t been focusing on such details. Now that I’ve seen it, he’s right, it desperately needs painting.

After Stan tells me he’s put the apartment on the schedule to be painted, he notes that the former occupant has also burned the counter and wall behind one of the burners in the dinky two-burner “stove” unit. He says that the more he thinks about it, the more he thinks it would be a good idea to replaced the whole “kitchen” (a cabinet, a sink, the two burners with more cabinets underneath the sink and burners) and put in new stuff, including an actual countertop (as of now, the “countertop” is the top of the mini-refrigerator). He marks this up on the maintenance schedule with the painting, and says they will do them both at once (makes sense).

I note that since I won’t be residing in the apartment for most of June (my old apartment is half of a two bedroom and it is much nicer), it would be cool if they could at least start the work in June. Stan looks pained. I decide not to press him.

I returned today to ask about another issue- namely, the apartment is furnished and he had verbally promised me that one of the included furnishings was a dresser. There is no dresser. Instead, there is an 18" high shelving unit that looks like it was designed to hold CDs.

Stan doesn’t remember saying anything about a dresser. What’s there is what the apartment comes furnished with, no more, no less. Great. I already own a dresser, so no big deal, but with Stan now a proven liar to me, I get queasy before I ask my next question- has he figured out a time frame for the kitchen replacement and painting?

July, maybe. Which I take to mean, in late July when I ask again, he’ll put me off till August, and then until October when the busy September season has died down, ad nauseam. This for a repair that I didn’t even ask for, that he volunteered to do, but that I now agree, having seen the apartment in its pristine condition, is a very good idea.

Now, these aren’t really ‘necessary’ repairs, because I can live without new paint and the kitchen does work, it’s just really shitty. So I don’t think there’s any legal action or threatening that can be done. However, I don’t want this maintenance put off forever, and I’m convinced he could do it earlier if he felt like it. He just doesn’t feel like spending money on his apartments and cutting into his profit. My main question is, does anyone have advice on tactics to ‘encourage’ him to speed up? I can’t find a new apartment because of my extrememly limited budget and the tight Boston housing market. My bf has rented from this same agency and dealt with this same Stan character for 3 years without anything sketchy happening, so I’m not worried that he’s a horrible landlord, but clearly he’s got my over a barrel and he knows it. However, if anyone knows of resources to research landlords’ track records, I’d be interested, because my bf is the least demanding tenant ever, so his experiences may not be typical.

In a nutshell, I don’t think there’s any way to ‘fix’ this situation, but I’m looking for advice and encouragement. Thanks in advance.

*name changed

Theoretically. And extremely. I can spell, I promise.

Bug him. Cheerfully, politely, but continually. Every time you see him: “Hi, Stan! Any time frame on getting to my apartment?” Every rent check you send in: “Looking forward to the new paint and kitchen!” The key is that you don’t want to piss him off (hence being unfailingly polite), but you want to be a (perfectly pleasant) pain in his ass, so it’s easier to just do it than deal with you.

It sounds like these are things it never occurred to you to ask/demand be done, but that, now that he’s mentioned it, you think they’re a good idea. So I would gently but persistently pester him about them until they get done.

Did you sign some papers on this? If you did, you would have been able to note in it that the apartment
must be ready by a certain date. I would do the work myself at least that way I would know
when it would be ready.

Try Nolo.com Nolo Press, has a book, Tenant’s Rights, should be just what you need.

If only they would let me do it myself, I’d love to, but that’s not gonna happen. I know the “no painting on your own” thing is in my lease, and if I can’t do that they certainly wouldn’t look kindly on my tearing out the whole kitchen…

See, the problem is that because the painting and replacement aren’t essential to making the apartment livable, I don’t think I have any legal case under “apartment ready by” or “necessary repairs carried out in a timely manner” provisions.

I guess since I work in a law library, I could read up on tenants’ rights. Thanks for the suggestion.

In some states it is mandatory to repaint in between each tenant. (And change the carpet) Whatever you do, DON’T paint it yourself. That’s what you are paying for–a clean, freshly painted apt; and you have a life to live. You don’t have time to be doing someone else’s job because he is too lazy/cheap to do it himself. Bad trend to start w/ this guy. You do want him to fix ANY AND ALL damage caused by prior attendants so YOU, when you go to move out, don’t get stuck w/ the bill. You will be held to every obligation that is within the contract that you signed. If it is not in PRISTINE condition when you move in, document in writing EVERYTHING that needs to be fixed or should be noted as damage. Carpet stains, holes in the dry wall, leaking plumbing, kitchen problems as previously noted. If you don’t document it, he will blame it on you and you will not get your security deposit back. A wise man once said, “Believe none of what you hear and half of what you read.” Don’t be afraid of being a hard-ass when it comes to documentation. He is trying to make you think he is being nice and doing you a FAVOR by having your apt ready: “The MORE I THINK ABOUT IT, the more it looks like your place could use some paint, and it’s stove fixed.” ?? :rolleyes: PAA–LEEZE!!
I think if you look in the government section of your phone book there is a ‘landlord/tenant office.’ Worry about covering your butt 1st and his obligations second. YOU are the vulnerable party. If HE tries to screw you, you’re the one w/ the headache, not him .

Maybe try: "Stan, Is there any reason why you haven’t been able to give me a date that I can expect to have these things done?
The answer will have to be yes–this is the reason…or no, it will be done on such and such a day. He has been doing this long enough to know better!!! Good luck! Love to know what you find out.

Um- I’m looking over my lease and when I signed it, back in April after the 30 second visit, I also signed something saying the apartment was in good condition. At the time, that seemed reasonable- the previous tenant had dishes obscuring the burn near the stove and as I said before I wasn’t exactly staring at the paint- I was very rushed. Did I make a big mistake by signing this? It has provisions about how to turn in a list of problems and damages, but seems to be implied that that’s if you didn’t sign the form saying it was in good condition. How flexible is the phrase “good condition”, I wonder? Could it be amended in some way/ Or am I screwed on the damages thing?*

I will definitely hassle him some more and ask him why it would take until July, maybe. I can’t think of any particularly good reasons off the top of my head, but I don’t manage property.

*I understand that responses may not be from lawyers, etc.

Melandry,
By far the most valuable tool I have ever found to get things done quickly and sometimes for free is…

BEER.

I’m not joking about this. I have gotten free work from both a Harley Davidson shop and a national chain tire shop in the last three weeks for nothing more than $20 worth of the blue collar nectar-of-the-gods.

Wait for a nice warm day, and then drop by Stan’s office with a 12 pack of beer. If you can, find out what kind he likes to drink and buy that brand. If you can’t find out his brand, don’t make it one of those stinky beers…only posers like beer that smells like someone farted in the bottle. Something clean and crisp will do just fine. Make sure it is cold, and drop it off at about 2:30 or 3pm. That way - since he’s not supposed to be drinking on the job - he’ll have 2 or 3 hours to think about the beer he’ll be drinking on your tab at the end of the day. During that time he may well be revising the maintenance schedule in your favor.

I suspect that there may be responses to this post insisting that it is your “right” to have the work done in a timely fashion, and you ought to sue him, and yadda yadda yadda. They may well be right, but ask yourself this…Do you want to research the law and lose sleep and have this drag out indefinitely, or would you like to by Stan a little brain lubricant? Your choice.

Of course, Stan may be a huge prick and your thoughtful gift may be ignored, but then again you might get absolutely nothing but grief out of lawyers and lawsuits and multiple nasty telephone calls. It’s worth a shot.

Maybe you could drop a hint that another twelve pack will be on its way when the paint job and kitchen gets finished. In fact, forget the hint, just come out and say it. Or if Stan will be doing the work himself…assure him that a cold 12-er will be in the fridge, to which he’s welcome to help himself while he’s painting. He’ll be out of the office and tempted to quench his thirst from all of that hard work.

All of that said, when I rent an apartment, I take that check-in sheet and note every hole in the walls, every crack in the plaster, every spot on the carpet, every stain on the countertops, and throw in a comment about dirt in the cabinets, refrigerator, bathroom, etc. Many places will charge you something for cleaning almost instinctively, and you can try to fight that as well, but if Stan is checking you out, and you have a beer together for old times sake, he might find the place looks pretty good for the next tenant.

I have found the same tactic works with system administrators, but they prefer chocolate to beer.

Good luck.

“Brain Lubricant” I love it!!! You’ll have to use your judgement on that one. He may see right through you, and if you’re not really good at schmoozing, you’ll feel real weird standing there staring at each other.

Anyhoo, about your prob. Yes, I’m not a lawyer. I hope you didn’t screw yourself by signing that ‘in good condition clause’. The only other thing I can suggest is after a certain point, you may want to consider written correspondance w/ this individual. In lieu of a contract, some kind of letter documenting your verbal agreement can help you.

Something to the effect of…upon initial inspection at lease signing it was noted that the following repairs needed to be done: A B C (LIST ALL REPAIRS)

Due to the fact that the apt was occupied at that time, and the tenant’s personal belongings obscured the view of …(said stove damage) the damage was not noted until our ----(date) meeting/conversation. We also established at a later date that the room was in need of repainting.

I have touched base w/ you verbally on many occasions and attempted to have these repairs done (or find out when, however you want to say it) but I have not been given an answer.* I’m sure you would think that it is not unreasonable to hope the repairs be completed prior to move- in date.

I am concerned that we may have had a misunderstanding at lease signing regarding the damage done by the previous tenants, and how/what would be fixed. Please contact me to clarify…yadda yadda.
**Did he tell you July or MAYBE July?
This is kinda sticky because it could just be that he doesn’t have a whole lot of control over when painter dude and sink repair dude are available. Key words: misunderstanding, clarify, not unreasonable, (play nice, give stan benefit of the doubt). Also, I think if you use the term, ‘verbal agreement’ it might make him defensive.

“Good condition” is so vague! If he is not required by law to paint in between tenants you may have messed up, but find out what your laws are before you write to this guy. He may have every intention of doing these things. If your bf has a good relationship w/ him, maybe he can casually stop by and talk to him-man to man, if he 's not responding well to you.

Before you move in, photograph the apartment thoroughly, especially the damage in the kitchen. This may help you with any security deposit disputes when you move out.

Massachusetts is extremely tenant-friendly, but I don’t think they require the landlord to paint or to replace working kitchen appliances. (If the refrigerator dies, he has to replace that).

Try http://www.state.ma.us/consumer/Pubs/tenant.htm for useful information on rights and responsibilities of tenants in Massachusetts.

Boston has a whole Web site devoted to tenant’s rights and responsibilities - but I don’t know the addy offhand. I do know that unless the law has been changed recently, it is required in Boston to paint EVERY time a tenant moves out. Whether you want to press on this, and take the chance of ending up with bad blood between you two, is another story.

P.S. The law refers to apartments within Boston and its own neighborhoods. If you are saying Boston when you really mean West Roxbury, for example, the Boston laws don’t apply.

I’m a property manager of 44 units. We always paint the apartment before a move in. Whether it needs it or not. Since you did sign a document stating that the apartment was in good condition,legally I suppose there’s nothing you can do. It can’t be amended as far as I know. Was the paper you signed an inspection sheet?
Definetely take pictures with the date noted on the back. I also suggest you list all damages in writing and keep a record for yourself. I would put any future requests for repair to yourlandlord in writing and always keep copies. Sometimes requests in writing are taken a little more seriously than verbal requests. Just some suggestions. Good luck!

Sounds like my landlord… You sure his name’s not Fred?

One suggestion - get him to pay for the paint, and you paint before you move in. It’s a pain in the butt to cover/move all your stuff, and worry about people you don’t know traipsing in & out, if you have to have the painting done once you’re there.

This doesn’t help you deal with the other repair issues, but it’s a start…

(And missbunny, West Roxbury is part of the City of Boston. Same rules apply.)

So here is my To Do list in regards to this problem:

[ul]
[li]Saturday- take pictures of damages in apartment and have them one hour developed so that the developer’s date stamp shows the move-in date- June 1st.[/li][li]Also Saturday- draft a list of the damages to the apartment (basically it’s only those 2 problems) with a request that they be fixed in a prompt and timely manner. Make a copy to bring Stan.[/li][li]Invite Opal over to my new apartment :)[/li][li]Monday or Tuesday or whenever I stop feeling intimidated- go back and visit Stan with above letter. Request that he explain why the repairs will not be able to be undertaken until July at the earliest. Ask him to put down in writing, in a form that I can keep a copy of (ie, not the maintenance list) his intentions to paint the apartment and redo the kitchen.)[/ul][/li]
I think I’d like to hold off on the Boston paint law deal until I’ve found the relevant law to make sure it is still in force and until it is clear (ie, if he refuses to put his intentions to paint and redo in written form) that Stan has no real intention of painting. Yes, the apartment is in Boston proper, so if the law exists and is in force, it should apply.

Thanks to all the folks that offered advice! I hope I’m not in too much trouble because I signed the conditions statement, but I’ll just look on the positive side- if Stan really intends to paint and re-do the kitchen, the damages won’t be there to charge me for when I move out anyway.

missbunny- Any luck fidning/remembering that Boston rental info URL? I found a bunch of stuff with Google but nothing that seemed Boston specific.

Oops, great job with the coding there. Mod? Also, I’d like to propose a new message board law- your posts on the SDMB will contain more spelling and grammar errors than your posts on any other message board, just because it matters here more.

Oops, sorry about the bad West Roxbury example - substitute Somerville or Cambridge.

I cannot find the site I saw once with all the laws about rentals, but there is another page - http://www.state.ma.us/consumer/Pubs/landlord.htm - in the same site ENugent posted, which has the landlord’s responsibilities. But, it doesn’t say anything about having to paint before each rental; however, that site is a Massachusett-wide site and I am fairly certain that Boston itself has other laws (which are more stringent) that may not apply to other towns.

Melandry, are you paying the rent on BOTH apartments? You’re paying rent on an apartment that you’re not living in yet?

Is he perhaps putting you off in hopes he can get a higher rent from someone else?

When I signed my lease for my apt, I had to pay a pro-rated amount for May even though I wasn’t ready to move in until early June. (I had taken possession of the keys) The landlord promised the apt would be ready for me when I moved in.

When I unlocked the door with my furniture in tow, I was in shock. All the doorknobs had been removed for the painting and were thrown in a bucket on the counter, the light fixtures and smoke detector were removed and stored in a cabinet under the kitchen sink, and the paint was still wet. The apt was NOT ready for me when I moved in.

I wrote a very stern letter to the owners, explaining the situation, and asked that the amount I had paid for pro-rated May be deducted from my July rent, as my apt was not ready for me. I pointed out that if I had to leave the apt in the same condition as when I moved in, then I would have to remove all the doorknobs and light fixtures and the smoke detector.

My July rent was reduced, and fortunately I was able to move into a house two years later.

Don’t let this guy jerk you around. Get a firm move in date, or look for another apt. It sounds like you like the place you’re living in now better…why are you moving, if you don’t mind my asking?

ivylass, I could move in at any time- tomorrow, if I wished. My parents thought it would be easier to move me if they could do it gradually, over the course of the month, so they are paying for the two apartments in June. The other tenant vacated early so I got the keys a bit early, but they’re not charging me for the part of May I had the keys. I can move in before he does the painting, etc., I just wish I didn’t have to because it’ll be a huge pain in the ass, my stuff’ll get covered in paint, I’m sure, etc. Basically, it all comes down to “these repairs aren’t essential, therefore I will do them whenever I darn well feel like it, most likely several months in the future.” But in the mean time, the apartment is really dirty and not someplace I want to be. Maybe I’ll scan the pics of the paint job, etc once I’ve got them and post a link. It’s repulsive.

I like my current/old apartment better (and it’s cheaper) but it’s a two bedroomm and my roommate is moving, and I decided I just couldn’t deal with the flux of getting new roommates all the time. I don’t have friends who I oculd live with and I tend to be difficult to live with in general, so it would be a constant problem, I suspect, for the 3+ years I expect to be here. So I sprung for the studio/efficiency, but it’s a trade-off of habitability for solitude, really.