View Full Version : landloard tennant problem


MotoXcowboy
04-05-2010, 08:05 PM
Hoping one of you here is a lawyer or just has some good advice

I will try to make this post as short as possible

I have been living at this place now since sept. we were promised the washer and drier hookups would be part of the deal, infact it was gonna be extra. (even though we supplied our own washer dryers) water usage? idont know...

so we move in. with security and 1st paid., no lease signed....

I/G figure it wont hurt us to not sign really hurts them... so we move in not thinkin of it much.
the guy comes over (they live next door) and cuts the hole in the wall for the dryer vent...i got my appliances a week later probably b/c of work...
anyway. the 1st month we were there the waterheater went.
come to find out it was leaking when we moved in in (I/Gs walk in closet) they did a good cleanup job right before showing the place.

yeah so the thing popped and they hook up a new one the next day.

a few days later i was messing around with the dryer again after i got the right 4prong and still no juice? wtf....

i put my meter on it and it reads dead zero...

i ask landloard wtf? he plays dumb and tries to figure it out on his own for a while then hes like oohhh yeah i took the 220 spot in the breaker box for the new waterheater. so now in other words the wire to the outlet is dead because it was disconnected at the box and theres no more room in the box for anther 220 for the dryer. and we were promised the hookups. he even cut the hole in the wall!!!

they say were gonna fix it we'll take care of it. for 2or3 months. finally I/G is ready to kill me for having her do all the laundry at her moms house. I raise hell with the landloards...wtf )we were snowed in at the time, worst storm of the year, they never plowed so my girl could get her car out. im like when are you gonna fix this and this and this chit. then its aw we are broke, we cant afford it, i got laid off (from his own tree and logging company) how do you lay yourself off???????? fn LOL

anyway.... he says we got no money to fix yadda yadda.. i offer to fix myself and take out for rent. they say no. cant afford...now im pissed im like no f that then were moving out ....hes like no no okay ill fix it. another fn 3or4 months now still not fixed. still crying to the poor house, get a job losers. they sit at home and drink our rent $$$.

now with the storm and chit alot of things got flooded. the septic has overflowed here or something b.c all i smell is chit every night. the smell isnt as bad anymore but its still bad everytime i flush ect...

there are still some substantial puddles in the back and on the side. during the flood storm the water surrounded the place but didnt come up to high (just an inch or two) but its def wet under there.... no basement. and when the heat kicks on or something the smell gets bad. same with water usage. obviously in the woods / septic system . / well water. CHIT...thinking of that..the water is prob bad too.

so at this point we've had enough and find new place and give our month notice on the 1st. I knew they were gonna be cheap and hold my security so i told them they can keep my security i aint paying last. (i never signed a lease to begin with)

they cry foul, blame the smell on the storm...say they havent flushed their toilet in 8 days...LMAO yea right. if that was the case he wouldve come over and told me no to use either....idiot. always puttin foot in mouth.

and now they want us to pay them this and that and they are trying to act all civil like they know wtf they are doing even though they cant even get their facts straight. for instance saying we moved in, in aug when we really moved in sept. this was in writing taped to my door today when i got home...complete morons.

also in the process of moving out i discovered alot of mold on my leather jacket and brown leather shoes. theres mold in the bathroom on the wallpaper, and the spare bedroom ceiling had a pretty bad leak and the insulation is still pretty damp up there...all that ontop of the methane i have to live with that smells this place at night with the windows closed...

im just wondering if these people have a right to last months rent under these circumstances, (especially with no lease agreement signed) (they keep asking for it back like we signed it, they gave us a lease after the furnace pump went and they put the blame on us b/c the tank was full of water when we moved in// ice in the tank was the problem) the lease they gave us to sign was rediculous so we just ignored it. they never asked for it back and kept taking my $$$ for rent everytime i bitched about the washer and dryer not being fixed yet....

also i feel they aught to thank me for giving them my security (saying you can keep this) as month notice, if anything they owe me backmoney for the extra i paid for the washer and dryer i did not get to use....I said if we damage anything or if there are damages now we can fix before we move out. they wouldnt have any part of it and are insulted by my actions....

i think they are complete idiots b/c i think one call to DEM or health inspector could have this place shut down for a while....

or am i in the wrong?

:devil2:

edit also, at this time Id say im 75% moved out and the rest can be done hopefully by thurs.

I/G is pregnant and having our son due the 17th.

thats why im trying to gtf outta dodge. before the baby is born health reasons on top of the aggrivations!

MotoXcowboy
04-05-2010, 08:08 PM
some mold.... the stuff on the wall paper is in the guest bathroom, mold was found on my jacket that was stored in a closet. the jacket was clean when it got moved in.

the guy saw my jacket and couldnt understand it. he said if there were mold in here it would be black . all over the place. thats when i showed him the spot in the bathroom and hes like oh yeah we had a bad leak up there (apparently before I moved in)

MotoXcowboy
04-05-2010, 08:30 PM
and another thing...they put another note on my door.. dont they know its supposed to be certified mail???

anyway they want all photos, evidence ect of mold so they can "immediately show an inspector" yeah right....

how bout i show the inspector myself :devil2:

Island Girl
04-05-2010, 09:47 PM
Motox forgot to mention the fact that they have also made a fake top copy of a lease agreement and are trying to scare us into paying this months rent and they have made it perfectly clear that they are not giving us our security deposit back. I have written them saying we would agree to pay a pro-rated portion of this month (however long we are here) under the circumstances that we get our security back. We are not trying to be unagreeable just feel as though we don't owe them money seeing as we have paid an extra 60 dollars every month for the washer and dryer which equals to $360 and we never had the washer and dryer work.... Plus they are keeping the deposit too and we will be out by this weekend I don't feel as though we are being unfair...

spence
04-05-2010, 09:50 PM
I'm no lawyer...

That being said, if you don't have a lease I wouldn't give them another dime.

Mold on a jacket isn't a big deal, it happens.

If you've paid extra for a service that was never provided, that's a bad thing...although you have no documentation.

If they have really faked a lease, that's a crime.

Enough said.

-spence

spence
04-05-2010, 10:00 PM
I/G is pregnant and having our son due the 17th.

thats why im trying to gtf outta dodge. before the baby is born health reasons on top of the aggrivations!
Congratulations, my best for a healthy baby.

Extra reason to eff the landlord.

The bottom line is this...have everything documented...

-spence

Island Girl
04-05-2010, 10:33 PM
For the most part everything has been documented I have always contacted them through email and brought up issues through the emails just so we had it saved w/ a date ect.... I have emails from when we first contacted them about the rental place at the price before appliance's were brought into the situation... I think we are fine in the whole situation seeing as there is no lease ect...

The mold was not just on the jacket it is on the ceiling and as well as the window blinds (I am a clean freak too so it's not from us being unsanitary lol) and within three weeks of us moving here it had gotten all over our table and chairs so there is a definate mold issue

Thanks for the congrats :)

JohnnyD
04-05-2010, 11:17 PM
I'm no lawyer but I did take a few real estate classes a few years ago so take the following with that in mind...

Take pictures and, like spence said, make sure absolutely everything is documented. Also, don't give them anything.

I'm not exactly sure how the leasing laws are in RI, but in MA with no signed lease and a verbal or written agreement, you'd be considered a tenant-at-will. To terminate, either party must give one full month's notice. If you're security deposit was the same as one month's rent, then you'd be all set for the month of April. The notice is suggested to be by certified mail with a signature receipt, however their letters to you (which should be dated) could help demonstrate when you gave notice.

If you have the terms for the W/D hookups and the extra that you were paying for it in the emails, I'd save them and pay the $75 or whatever it is to take them to small claims court.

And if you don't want to take them to small claims, I'd make a couple phone calls to the housing board and tell them about everything you encountered. For instance, did the guy pull permits before drilling the whole in the drywall for a dryer exhaust duct?

I wouldn't worry too much about their fake copy of the lease agreement. All pages should be initialed by the signer and then signed and dated on the last page. Otherwise, how can they prove that they actually provided it to you?

One last thing, when you turn in your keys, bring a written receipt for them to sign and date. That will define the exact date that you moved out in case they try to lie about what date you were officially off the premises.

If you own an iPhone, I'd have it in your pocket with the voice memo recording every one-on-one encounter. Probably not admissible though.

Like I said, I'm no lawyer but the above is what I'd do based on my limited knowledge of MA real estate laws.

Good luck with it all and Congrats on the soon-to-be new addition to the family.

fishbones
04-06-2010, 08:43 AM
Nothing new to add, as I agree with what Spence wrote. Wow, that is harder to say than I thought.

Anyways, congrats on the baby on the way!

PaulS
04-06-2010, 09:55 AM
Agree with the above although I wouldn't tape any conversations as taping w/out the consent of both parties may be illegal. Take lots of pictures, tell them you're (Fishbones!) not going to discuss anything in person and just deal thru the mail - send everything certified and document everything. I would also tell them you're probably going to contact the building inspector to discuss the mold issue.

Redsoxticket
04-06-2010, 10:11 AM
the security deposit is for damages and not for last month rent unless mutually agreed by both parties.

fishbones
04-06-2010, 10:12 AM
Thanks, Paul.:btu:

In RI, you can record any non-electronic conversation wihtout consent of both parties. You can tape your landlord, but in this case, I don't think it's necessary. Tell him to take you to court and it will go away. When he realizes that he doesn't have a leg to stand on, it won't be worth the cost of taking you to court for him.

FishermanTim
04-06-2010, 10:16 AM
I had a boss years back that was renting an apartment in Boston, and they had an issue with their water pipes. They sent notification via mail to the landlord every time they had to converse with them.
They did find a helpful bit of information regarding renters rights.
If you have a dispute with your landlord regarding specified ammenities that they are fulfilling, and you've got documented proof of prior contact with the landlord without sufficient resolution, you can withhold rent payment until the issue is resolved.
If you plan on taking them to small claims court, two things I would suggest researching beforehand:
1.) do you have EVERYTHING documented? They may try and lie their way out of it by claiming that you never sent anything to them during the times in question. Certified mail would be sufficient proof.
2.) Check and see if you can make a claim if you have withheld rent.
In some cases you may be eligible for triple damages because of the scope of the issue and the length of time involved.
I would advise that you at least consult with a lawyer that has experience in rental disagreement cases.

Good luck an congrats for the expectant parents!

Swimmer
04-06-2010, 12:09 PM
He is not going to take you to court. If he had the money for a lawyer you'd have a working dryer. No lease, no m oney. If you were not moving out you could make his life miserable. Thirty sevens years I have been wadiing through these civil disputes, which we really have no control over, but everyone who has something done wrong to them comes to the local P.D. and then walks away disappointed when they are told it is a civil issue. Your situation smells though. I have seen disputes like this go on for ever because the tenant says screw them I am going to stay forever, and some actually try to stay forever, costing the landlord a bundle.

Congrats on the baby in progress.

Not for nothing though, I have seen some really well-meaning property owners get saddled with individuals as tenants that are professionals at getting stuff for free. Your landlord is obviously troubled financially and is using you both.

FishermanTim
04-06-2010, 12:32 PM
Kind of like a reverse "Pacific Heights" scenario.

BigFish
04-06-2010, 04:36 PM
I am no lawyer...that being said where the hell have you two been and where are the "hottie" pictures you used to post???!!!!:eyes:

TheSpecialist
04-06-2010, 07:17 PM
I am no lawyer...that being said where the hell have you two been and where are the "hottie" pictures you used to post???!!!!:eyes:

LOL

Seriously I am a landlord, and yours is obviously a douche. Move out and if the security deposit is the same as the rent be done with him. If he breaks your stones anymore, then threaten him with calling the board of health on him, that should shut him up.

Island Girl
04-06-2010, 07:50 PM
Thank you for all your responses and congrats....

Our landlords are being absolutely rediculous and pulling stuff out of the arse they are now trying to tell us that there was no agreement of us having a cat (which they have seen him several times and never said a word) and they had agreed to let us have him here because he has been mine for over 10 yrs and I was not going to give him up.....

I think swimmer hit it right on the head that's what it all comes down to... us being their survival line of money income.....

I basically told them to take any necessary actions they feel they need to I have all things documented and saved ect...

Anyway I am done ranting thank you all again :)

Raven
04-07-2010, 03:51 AM
rental market is tough right now :wall:

Nebe
04-07-2010, 06:12 AM
F them.
Posted from my iPhone/Mobile device

PaulS
04-07-2010, 07:03 AM
Tell us when he posts the apartment for rent. We'll all make appts. to see the unit and not show up.

FishnGrega
04-07-2010, 07:34 AM
If you own an iPhone, I'd have it in your pocket with the voice memo recording every one-on-one encounter. Probably not admissible though.

a recorder is acceptable as long as one other person knows that they are being recorded. ie if you have them sign your receipt at the move out and have an lengthy conversation saying they are going to have to pay for your washer and dryer etc etc have your girlfriend there with you and record it.

I did this when I had a problem with my downstairs neighbors, I talked to a cop I worked with when I was doing my internship a couple years ago and he told me that it was acceptable in court as long as someone else knew they were being recorded. I mentioned this to our "residence manager" and chit got resolved real effing quick.

security deposits are for unpaid rent or damages "exceeding one months rent". Look at tenant laws for RI. I had a problem with my "landlord" when I was moving out back in December. I don't feel like getting into it but I effing hate renting now.

FishnGrega
04-07-2010, 07:37 AM
Agree with the above although I wouldn't tape any conversations as taping w/out the consent of both parties may be illegal. Take lots of pictures, tell them you're (Fishbones!) not going to discuss anything in person and just deal thru the mail - send everything certified and document everything. I would also tell them you're probably going to contact the building inspector to discuss the mold issue.

PICTURES PICTURES PICTURES can't stress that enough, If i had taken some on our move out date it would have saved me over $1600 for damages. THAT WERE NORMAL WEAR AND TEAR ITEMS! ie the friggin carpet!!!

FishnGrega
04-07-2010, 07:40 AM
ps CONGRATS!! :buds:

JohnnyD
04-07-2010, 08:18 AM
PICTURES PICTURES PICTURES can't stress that enough, If i had taken some on our move out date it would have saved me over $1600 for damages. THAT WERE NORMAL WEAR AND TEAR ITEMS! ie the friggin carpet!!!

Absolutely. One my final walkthrough with the landlord or property manager, I make them sign a receipt for the keys and initial what, if any charges, that will occur.

Can't trust anyone now-a-days.

FishnGrega
04-07-2010, 08:40 AM
Absolutely. One my final walkthrough with the landlord or property manager, I make them sign a receipt for the keys and initial what, if any charges, that will occur.

Can't trust anyone now-a-days.

there's a lot of gray area when it comes to landlord and tenant laws.

MotoXcowboy
04-08-2010, 05:11 PM
thanks I appreciate all the responses. We are all moved in even the internet is on now at the new place. a lot nicer here. I/G told them to come over and talk to me if they had any problems before we left, they never did. As I/G said, they wrote us a response full of b/s they pulled out of their ...

this was a good one though, with the dryer they said they told us we could/ in otherwords,,, "had" to buy a propane dryer since the 220v was down. yeah ok. im gonna go out buy a whole new dryer b/c you dont want to put a bigger breaker box put in. The place was advertised with the 220v dryer outlet, I want my 220! Also funny.. he was so lazy he didnt even bother taking the 220 wire and outlet out of the walls..its still there. (like i said earlier he kept sayin we're gonna fix it...)

We're done with that place, took me 6days. and they can keep the security deposit. i wouldve screwed them longer with time but our new place is 300x better, why wait...

I/G is going to send them the keys certified with a notorized letter or something..

pauls, the scumloards already have it advertised on clist. lets just say anyone renting in exeter beware! pm if you want more details...

FishermanTim
04-08-2010, 05:16 PM
Maybe an "anonymous" tip to the housing inspector regarding the wiring issue could be warranted. You know, as a parting shot to what turned out to be a "landlord from hell"