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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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Posted: Wed Apr 30th, 2008 01:53 am |
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| Laura, as always, gives good advice. May I also add, that those threatening text messages be reported to the police and the phone company. They can trace where the messages were sent from. The police can then prosecute the person for sending threats over the phone. My state law provides fines or imprisonment for someone who sends threats of bodily harm over the phone. They can be prosecuted in this manner. Also, tape the neighbor threatening you and yelling obsenities at your children. Play this tape for the police. Once you have police reports and charges against the neighbor, your LL will be able to evict them. He just can't do it yet without proof. (No doubt he wants them gone too.)
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LandlordLaura
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Posted: Mon Apr 28th, 2008 07:07 pm |
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From what you posted, no one can prove who attacked who first and/or who is responsible for the problems you are experiencing. The Landlord has no involvement in the situaiton and can only go by what he/she has been told by you and the other neighbor(s). Unfortunately, your neighbor(s) are probably telling the Landlord that your boyfriend and your family are causing the problems.
You cannot withhold rent because you are having problems with the neighbors. Your Landlord cannot be shorted in rent under your Lease because you want to pay for your move. You can't force your Landlord to evict other Tenants.
If you do not pay rent, the Landlord can evict you. An eviction will stay on your credit history for many, many years and will effect your ability to rent/get credit into the future. It is not worth it. Pay your rent, provide your Landlord with the legally-required move-out notification and find a new property to live in.
Do not just assume that you are currently month-to-month Tenants. Read thoroughly through your Lease Agreement to determine whether whether the Lease automatically renewed as a month-to-month tenancy or whether it automatically renewed for another like-term when it expired. Read through the Landlord Tenant Laws for the State/County/City where ther property is located to verify what your rights/responsibilities are regarding lease termination.
Good luck with your situation. I hope that things work out for you...
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mgohr01
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Posted: Mon Apr 28th, 2008 05:58 pm |
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My lease was up August 31, 2007. We never signed another lease or even talked about it, so I take it I am month to month lease.
I have been having issues with my neighbor for the past few months. My neighbor's boyfriend (not on the lease) has physically attacked my boyfriend (not on the lease) twice now. I have been the only person to call 911 during the attacks and I also contacted my landlord the second time to alert him to the situation, letting him know this was the second time. The landlord said that we needed to press charges to the fullest in order for him to be able to evict the neighbor. However, as most attacks go, the police said they couldn't prove who attacked who so it was over.
After the second attack, I started getting threating text messages that say "ur going to get yours *$@$%" from my neighbor and they shout voulger language when I am outside with my 2 year and 10 year old children. I don't feel safe being out after dark or even turning my back towards them.
I told the landlord about this and also told him if he doesn't evict them, then I have to leave. He will not evict them and for the safety of my family, I have to move soon.
I am not able to pay him rent and afford to move. What legal action can he take to collect the rent from me and will he actually be able to collect do to the conditions of living?
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