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Read --> American Tenant: Everything U Need to Know... about Your Rights as a Renter

Help?! Is the landlord wrong or us?
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AuthorPost
OH landlord
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Joined: Wed Sep 12th, 2007
Location:  
Posts: 506
Status:  Offline
 Posted: Tue Jul 1st, 2008 12:40 pm
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All of this is wrong.  Nothing is as it should be done here.

First you cannot sue for lead paint since it was not exposed until you removed the trim work.  You exposed paint that was previous covered.  The paint would not have been a hazard if you had not removed the trim work.

Next, all repair requests, except emergency ones, should be put in writing so you can prove you made them.  Otherwise your LL can just claim you never told her about anything needing repairs.  Did you put your requests in writing so you can prove that she failed to repair them?

The LL may or may not be under any obligation to tell you about sex offenders at the residence.  Many state's laws say that this is your responsibility to check, just as is noise levels, crime levels, etc, in any area.  Check state law on her responsibility to reveal this info.  If there is none, it is up to you to check on-line to see what offenders are registered in the area you wish to rent.

Did your lease have any clause about raising rent for extra occupants?  If not, she cannot raise the rent.  Of course, she could evict you for having unauthorized occupants if you fail to remove them after proper notice.  But she has never given this notice to you.  If you have no lease, she can raise the rent with the appropriate amount of  notice.

Ask the new gentleman(!) to show you the paperwork (deed, bill of sale, etc.) from the sale of the property to him. Check or call the county tax auditor to see if he has purchased the building.  If so, he has the rights of your LL.  Any lease you have would transfer to him.  He must honor any lease you have.  If no lease, he can give you the amount of notice required to vacate the unit.  Please post your state and I can tell you how much notice you must receive before you have to move if you have no lease.

He cannot remove you by force (call the police if he tries).  No LL can turn off the utilities to any occupied unit for any reason (an illegal eviction).

McCains
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Joined: Sun Oct 29th, 2006
Location: Oregon USA
Posts: 69
Status:  Offline
 Posted: Sat Jun 28th, 2008 10:28 pm
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Send a letter to her.You do not have to move I would get u an atty now do not wite

rockn2abeat
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Joined: Tue Jun 17th, 2008
Location:  
Posts: 1
Status:  Offline
 Posted: Tue Jun 17th, 2008 02:35 pm
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Hi.  I don't know much about landlord and tenant laws and I can't find much to help me online.  If anyone could give me some advice I would really appreciate it.

My husband and I jumped into this apartment back last October (2007).  We did not do any research.  We were young and just needed a place.  Everything was ok for a little while and then it just got worse and worse.  Soon after we moved in, my husband had to remove some decorative framing in the living room doorway to fit our couch through the door.  Under the top layer of paint everything was lead.

A couple weeks after that we found out online that our landlord is a registered sex offender.  She never mentioned that to us and we have two small children.  After that things started falling apartin the apartment.  We would tell her about it and she would say she would get someone to fix things, but if they ever showed up they never finished fixing anything.

Then, my mother-in-law lost her house and we offered her a roof.  Our landlord jacked our rent up from what was agreed upon another $150 because of her moving in.  We couldn't afford it and haven't been able to pay our rent since.  We have been looking for a place to move, but there is nothing open right now.

About two weeks ago she took it upon herself to shut our water off.  Even though I contacted the government, she still managed to keep it off for six days.  Again, I have two children under the age of three.

She has yet to give us any eviction papers or anything.  And then last night at around 10:00, this big man shows up at our top step banging on the door.  He told us that he bought this place from our landlord and we have a maximum of two weeks to get out or he would be bringing his boys.

Now we haven't paid our rent.  This is true.  But we have never received any paperwork from this woman about anything.  And I am so worried that we will have no place to go in two weeks.  What can I do?

Thank you for your time and help.

Last edited on Tue Jun 17th, 2008 02:47 pm by rockn2abeat


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