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Is it legal?
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hmsf428
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 Posted: Mon Feb 25th, 2008 03:42 pm
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the threat of eviction was from a friend that had dealings with "inspector issues". The landlord things are all verbal. the inspecton issues have just come up in the last few days.

LandlordLaura
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 Posted: Mon Feb 25th, 2008 03:36 pm
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Yes, it sounds like you were unpleasantly surprised.  Because the Landlord does not live in the property, it could also be that he/she was not aware of the initial problems, too.  This is why it is important to have written, as opposed to verbal, correspondence with the Landlord about any problems you have as soon as possible.

Have you had written correspondence with the Landlord previously re: the issues you are having and the inspector's threat of fines?  Did you write the Landlord and ask him/her whether the home meets code requirements and/or has a current certificate of occupancy?

Who did you have the conversation with re: the fact that you could be "thrown out" of the rental property?  How did that topic come up?

hmsf428
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 Posted: Mon Feb 25th, 2008 03:21 pm
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Thank you, unfortunately at the time we expected the power to be turned on that day. we had no idea what complications were present.

LandlordLaura
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 Posted: Mon Feb 25th, 2008 03:19 pm
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The first problem is that you moved into a property that had no electricity hooked up.  As such, the Landlord was already renting a place that violated "habitability" requirements.  Just for your own information (and so that you may learn for the future...), see how this is addressed when you read through the Laws to find out whether "Landlord entry requirements" are addressed...

LandlordLaura
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 Posted: Mon Feb 25th, 2008 03:14 pm
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You can try using the 'Legal Resources' tab at the top of this web page to pull up the Laws for the State where you live.  When you click on the tab you will be taken to a map so that you may select the State where you live.

You may also try doing an internet search for something like "Landlord Tenant Laws+State*" and/or "Tenant Rights+State*" (*insert your State).

Let us know what you find out...

hmsf428
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 Posted: Mon Feb 25th, 2008 03:11 pm
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no it doesn't say anything in the lease about moving in prior to inspection. in fact, there wasn't even a checklist. Since the power wasn't connected(due to compliance issues with the electric company)for a week. I could barely see to do a proper checklist anyhow. my plan is to take pictures before too much time has past, just to cover myself.

hmsf428
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 Posted: Mon Feb 25th, 2008 03:09 pm
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I am not looking to get out of the lease. we are just uneasy of a few things and don't want to be backed into a corner if he tries to pull anything. for example, the inspector had issues the first day since all the doors weren't unlocked(supposedly) and threatened to fine us. Since I feel this is the landlord's problem, not ours, I don't want him to try to forward any fines to us.

I don't know where to locate any tennant/landlord laws for texas which is what i was looking for when i found this site.

LandlordLaura
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 Posted: Mon Feb 25th, 2008 03:09 pm
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I just noticed you past post re: being required to leave the door unlocked and/or be fined by the inspector for not being home.  In my opinion, under normal circumstances, these "inspection issues" are the Landlord's responsibility, not yours. 

Does your Lease Agreement have sections that address your agreement with these particular inspection issues?


LandlordLaura
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 Posted: Mon Feb 25th, 2008 03:04 pm
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Do you want to be allowed out of the Lease Agreement?

Leave the doors unlocked?  In my opinion, for your own safety, it is not reasonable for you to be required to leave "spare keys" anywhere to allow unknown persons to enter the property.  If the Landlord is not meeting the inspector at the property him/herself and allowing the access, the Landlord should minimally notify you in writing of the identity of the person who is going to require entry into the property and give you a date/time of entry for your own safety/protection.

Have you read the Landlord Tenant Laws for the State/County/City where the property is located to verify what the Landlord is required to do in this type of situation?


hmsf428
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 Posted: Mon Feb 25th, 2008 02:51 pm
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Well we have been there less than 2 months. The landlord has asked us to leave the doors unlocked, and now agreed to let us leave spare keys in the mailbox for the inspectors. We have had issues so far with the power and the water etc, that he has eventually fixed. Someone told me that inspectors can have the place shut down and we could loose our place. My neighbor and I don't  think he should have let us move in when the place wasn't finished.

LandlordLaura
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 Posted: Mon Feb 25th, 2008 02:43 pm
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Why has this come up?  Are there problems with the property right now?   What makes you think that the property has not been inspected after repairs were made?

If so, write the Landlord/Owner and politely explain any problems in detail so that the Landlord is aware of his/her need to review them.  In the letter, ask for a written reply from the Landlord within a reasonable time frame (ie. 5 days...) informing you of when the Landlord will examine/repair the problems.  Send the letter by Certified Mail, Return Receipt Requested.  It is important that any repair requests be done in writing to protect your rights and so that you have proof that the Landlord was made aware of problems that exist.


Last edited on Mon Feb 25th, 2008 02:44 pm by LandlordLaura

hmsf428
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 Posted: Mon Feb 25th, 2008 11:22 am
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I believe we are talking about the city. The landlord had to have someone come and inspect it.

COlandlord
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 Posted: Fri Feb 22nd, 2008 07:57 pm
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Inspected by who? The landlord and you? or are you talking about the City inspectors? More information please.

hmsf428
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 Posted: Fri Feb 22nd, 2008 06:30 pm
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My place had been badly burned prior to me moving there. I was greatful for the new floors etc, i was pretty desperate to move in asap. I thought he was doing me a favor letting me move in early, but with all the problems i have had since i am wondering if it was the best move. My neighbor and i are wondering if it is even legal for us to be living there when it hasn't been inspected yet. I thought it had been taken care of and i have been there almost a month already.


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