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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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| Posts: | 1117 |
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Posted: Sat Feb 23rd, 2008 08:30 pm |
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How were both you and the Landlord documenting the amount of work that you were "credited" for? Did you and the property owner both keep a time card and/or project completion sheet, for example? Do you have work orders that were completed and turned in? How was your "pay" determined? Were you paid hourly, by job or by bid sheet, for example?
Send your Landlord a polite letter asking for a complete written accounting of your rental history from your move-in date to present and ask that it be sent to you within 3 days. Keep a copy of your letter and send it to the Landlord by Certified Mail, Return Receipts Requested so that you have a record of sending your correspondence and the Landlord's receipt of the letter.
What, exactly, does your original Lease Agreement say about "renewals". Did the original 1 year Lease automatically renew into a month-to-month contract? If not, are you on a verbal month-to-month agreement now? Have you already read through the Nevada Landlord Tenant Laws to find out how late fees are to be properly handled, how move-out notificaitons are to be legally provided by the Landlord/Property Manager and/or if the Laws address the particular situations you have mentioned? If not, read through the most current Landlord Tenant Laws so that you are familiar with them.
If you did not get prior written permission from your Landlord before you repainted the proeprty, it may be in your best interest to return the property to its previous paint type/colors in order to avoid any problems with your Landlord regarding the unauthorized repainting you did.
Please provide additional information and let us know what you find out by doing some research...
Last edited on Sat Feb 23rd, 2008 08:32 pm by LandlordLaura
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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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Posted: Thu Feb 21st, 2008 03:48 am |
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There are a couple of issues with your situation that need considered. First is that your agreement said rent needed to be paid by the 5th. Did you pay this month's rent by the 5th? Yes, I know they have let you slide on this for a while, but it is in your contract. Now the fact that they have let it slide and have never enforced those late fees may work to your favor. They may have establised a precedent in not enforcing late fees and a court may say they can't enforce them now. And they really shouldn't be enforcing them retroactively. If they haven't notified you previously that you owed late fees, it will be hard for them to come back and ask for them now. Are late fees included in your written agreement? If not written specifically into the agreement, a court will not consider them in your state.
Your next issue is that you are a month to month tenant. Even if they are unable to evict or collect late fees, there is nothing stopping them from merely not renewing your month to month agreement, and giving you 30 days to move out. You would have to move out before the 30 days was up or face eviction. Without a lease, you have no protection in this area.
Lastly, there is the issue of you working for the LL. Since you were basically provided free rent in return for your services on the properties, the LL may claim that you were an employee of the company. Past work records and rent records could be used to prove this point. (You would have to try to use the m2m written agreement to counter this point, however that agreement is 17 months old. They could claim it ended 5 months ago - and changed to an employment status when you started working for them last year.) If they are successful in claiming your employment, it is possible that your unit could be considered a part of your employment. If employment is terminated, your unit is no longer provided to you and you would have to move immediately. This usually relates to in-house PMs and maintenance people. They may claim you were one of their employees-a maintenance person whose unit went with the job. When the job ended, so did your rights to the unit. Those are my thoughts at this late hour. Perhaps tomorrow others will chime in (or I will think more clearly).
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jnic
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| Joined: | Wed Feb 20th, 2008 |
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Posted: Thu Feb 21st, 2008 02:56 am |
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| I have been living in a 1500 mo house in nevada for 17 months. For over a yr I have been trading work on all the houses that this property management company has and there was never an issue as to the exact day rent would be paid. Our original lease said the fifth, but after working there was never an issue as most of the time they owed me more than i owed them. Then they wanted me to buy the house at 140,000 over market value and we said no way. We have been month to month now for 5 mos. All of a sudden they say they have no work and were late on rent and they are demanding late fees for 6 months plus rent and said they want us the *%$% out. We have kept the house perfect and I have repainted the entire interior. (should'nt have) we also have a dirt yard that was supposed to be rocked a month after move in. The H.O.A. has put a lean or fined them daily, so they came out and put steer manure on the lawn and are trying to fool the hoa and trying to get a rebate check or something. I have caught them in many lies and watched them screw over a host of familys, many with kids. We want to move but they will only give us 5 days because they want to re-rent to get deposits and rent. Its all crazy, I just need some advice or help in this matter. Thanks in nevada
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