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Could use some legal advice regarding a housing situation...

BD2003

Lifer
Ive lived in a house with 4 other people off of a college campus for the past year or so. Signed a lease until june. Back then, I thought it would be a nice place to live.

The people are fine. The landlord and house, are not. The house is 200 years old, and is really starting to show. The bathrooms and kitchen are disgusting - I dont use them if I can avoid it. I keep my own room clean, but I cant force everyone else to clean up.

Anyway, the real problem is that the landlord is essentially a slumlord. We're in NY, and he's in seattle.

1. Our water comes from a well. The filter system broke, so w've all had to shower in well water and drink bottled water for the past couple of months. Being that he's in seattle, he tries to get us to call the contractors and do the work for him, and he will supposedly pay the bill - only problem is, he has a bad reputation for NOT paying contractors - probably why he hasnt been to this house in 10 years.

2. We've got rats in the basement and walls, and I hear one trying to chew its way through my floor.

3. The roof was leaking during the summer - the water would come through the edges, and run down between the 1st and 2nd floor....my entire floor was soaked. He paid for it to be professionally cleaned, but it was a major hassle to deal with mold growing in my room and a wet carpet for a week. He then told us that he would have the roof fixed, which was a week long of people banging on my roof while I tried to sleep and having roof dust and chips fall all over my room.

4. Without notifying us in any way, he decided to get MORE work done on the house - while we all still live there and try to study and be good students. The entire house is being re-sided, and the roof wasnt done right the first time so its being done AGAIN. Supposedly it will be a months worth of work. I'm out of there in two months, and I'd leave sooner but....here is where it gets good.

Ive already paid last months rent and a security deposit. After I move in, I find out how much of a scumbag he is, and hear many stories about people never getting their deposit back. So I, along with everyone else here, figures the only obvious thing to do is to use the security deposit as a months rent.

I personally just want to move out. One of my roomates is taking that is some sort of personal vendetta, that is enraging the landlord to no end. He's also got the house next door, which is rented by 5 people who are technically delinquent on their rent - they just stopped paying. So he's got 5 people who havent paid him what they owe, and 5 people who have paid him all he should get but arent giving him the benefit of the doubt to return the deposit. He's in seattle for crying out loud - he has no way to determine whether or not any damage has occured anyway!

So he's essentially at this point threatening to sue all of us. I'm not afraid of him, I just dont want to deal with it. Its worth a month rent for me to fight it, but Id rather not let it get to that point.

Ive read the lease up and down, and it doesnt seem like he has ever technically violated it. But I've also heard a lot of talk about some sort of slumlord law here in NY, that requires him to live at least part time in state - which he doesnt...would that make the lease void?

What legal venue could he actually use to sue us from such a long distance? What kind of damage to your credit does an eviction do? - mine is squeaky clean right now. The eviction will take minimum 90 days - Ill be out of there in 45 either way...does the eviction still "count" in that case?

Can he sue us all at once, or does he have to do it person by person? In that case it would be financially retarded to sue me, since he'd only have money to lose...

Cliffs:
Renting a place with housemates
Landlord is a scumbag and lives in seattle (we're in NY)
We all dont pay a months rent and assume he will use our security deposit to cover it
Landlord is not happy (probably because the work being done on the house was supposed to be covered by our deposits)
Landlord threatening to sue
Wtf?
 
Originally posted by: BD2003
So I, along with everyone else here, figures the only obvious thing to do is to use the security deposit as a months rent.

you can't do that
if you fail to meet the terms of the lease, like not paying rent, he can sue you and will win

If a landlord doesn't give you back a security deposit, you have the right to sue in small claims court. but you can't not pay your rent
 
Originally posted by: FoBoT
Originally posted by: BD2003
So I, along with everyone else here, figures the only obvious thing to do is to use the security deposit as a months rent.

you can't do that
if you fail to meet the terms of the lease, like not paying rent, he can sue you and will win

If a landlord doesn't give you back a security deposit, you have the right to sue in small claims court. but you can't not pay your rent

Obviously. Its not so much a question of whether or not we'd win if we took it to court - we'd almost definitely lose, unless the judge can be convinced by a line of witnesses that themselves havent been returned their deposit.

Theres plenty we could do in retaliation - call the EPA, have the building condemned, etc Im sure a lawyer could find a few places where the lease is violated, and as I said before, he's likely already breaking the law by not living in the state - I dont know whether that invalidates my lease or not.

My question is not so much whether or not we'd win, but what is he capable of doing from that distance, in under 45 days? Can he do any sort of damage to our credit without a court ruled eviction?
 
I would just suck it up until June. Its only two more months, and since you have already paid June, you could just leave June 1st and call it a loss and go somewhere else.

Going to court/dealing with a lawyer, or coming up with some kind of vendetta plan to not pay rent isn't worth it.
 
I'm willing to bet my money that its all empty threats. 600 bucks is a lot of money to throw away - the ONLY reason he would insist on us paying the rent only to have him supposedly send it back a month later is because he has no intention of sending it back.

I'm not afraid of him and I'm not going to be bullied by him - I just want all the information I can get so I know what he is capable of. I have no vendetta - one of my roomates does. I just want out, but not enough that I'm willing to back down and give him 600 of my dollars.
 
Originally posted by: skrilla
I would just suck it up until June. Its only two more months, and since you have already paid June, you could just leave June 1st and call it a loss and go somewhere else.

Going to court/dealing with a lawyer, or coming up with some kind of vendetta plan to not pay rent isn't worth it.

yes, suck it up and take it as a life lesson
move on with your life, you don't really want to extend your trouble/interaction with the guy beyond june for months/years as you drag each other through court. you have a big pile of cash to pay for a lawyer to represent you for the next few months/years?
 
Here in WI you can technically sue him for double whatever he keeps from you. Not sure on other states though. We had to do that with the last place we rented (that's why we own now). Guy was a total scumbag and our lawyer basically told him how the real world works and he caved. We were still out a little bit because of the lawyers fees but not much. And it was just fun to watch him squirm.

Be sure to keep copies of any and all communication you have with the landlord. If he sends you any letters saying if youd on't do something he will do something else, that's illegal and considered a threat. ALl kinds of things you can do. And if he has an attorny, his attorny will know that he's screwed.

But definitly find a lawyer and try to find one that specializes in landlord/tenant issues and hopefully one that is normally on the tenant side. Unfortunately most are on the landlord side.
 
Originally posted by: FrankyJunior
Here in WI you can technically sue him for double whatever he keeps from you. Not sure on other states though. We had to do that with the last place we rented (that's why we own now). Guy was a total scumbag and our lawyer basically told him how the real world works and he caved. We were still out a little bit because of the lawyers fees but not much. And it was just fun to watch him squirm.

Be sure to keep copies of any and all communication you have with the landlord. If he sends you any letters saying if youd on't do something he will do something else, that's illegal and considered a threat. ALl kinds of things you can do. And if he has an attorny, his attorny will know that he's screwed.

But definitly find a lawyer and try to find one that specializes in landlord/tenant issues and hopefully one that is normally on the tenant side. Unfortunately most are on the landlord side.


You can do that here in MN as well. A friend of mine went to court (I believe small claims, no lawyer needed) and he won.

The landlord didn't even show up to court. But even a decision in court doesn't mean the guy will pay up.
 
Originally posted by: FrankyJunior
Here in WI you can technically sue him for double whatever he keeps from you. Not sure on other states though. We had to do that with the last place we rented (that's why we own now). Guy was a total scumbag and our lawyer basically told him how the real world works and he caved. We were still out a little bit because of the lawyers fees but not much. And it was just fun to watch him squirm.

Be sure to keep copies of any and all communication you have with the landlord. If he sends you any letters saying if youd on't do something he will do something else, that's illegal and considered a threat. ALl kinds of things you can do. And if he has an attorny, his attorny will know that he's screwed.

But definitly find a lawyer and try to find one that specializes in landlord/tenant issues and hopefully one that is normally on the tenant side. Unfortunately most are on the landlord side.

The thing is - he hasnt contacted me about it AT ALL. No one else in the house but the one roomate with a vendetta. He has said that we all have our roomate to thank for getting us added to the list, but he has NOT said anything to us.

He COULD definitely sue - I just dont think he will. If he can lump as all together and just add names to the list (can he?) then it might be more financially feasible for him. Right now he's got all the money owed to him - his hiring a lawyer and taking me to court will only end up as a net loss.

I'm not going to talk to a lawyer until I'm served some sort of summons or notice of eviction, or even some sort of contact from him.

But you mean to tell me him telling me "You must pay your rent or you will be sued" constitutes an official threat? he's certainly threated my roomate in many ways - he even left a voice message that kind of sparked all of this "FVCK YOU **** (roomate), I'M PROCEEDING AGAINST YOU". Is THAT a threat, or harassment?
 
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