So I'm screwed

[RedPickle]

Originally posted by: sixone

Originally posted by: RedPickle

Originally posted by: sixone

Originally posted by: RedPickle

Yea, I think I am going to try to call up the state attorney. How can I get a hold of the legal documents that the agency signed? I'm guessing I can't just go and ask them.

I'll bet they'd say no. They *should* have given you a copy of the lease you signed - do you have it?

Yes, I have my lease with the agency.

That's all you need. I'd call the agency back and quote them from the lease form, and tell them you expect them to uphold their end, or you will seek legal counsel and/or your local TV station. Be sure to tell them that the landlord's financial situation doesn't excuse them from their contractual responsibilities to you. That might scare them into solving your immediate problem.

OK, I'm going to read the contract over once more to make sure I know what I am talking about.

 

[Al Neri]

WHo's ur landlord i just graduated from there and know a few lawyers had to use them myself... i lived over by the bus depot on prospect ave.. pm me

 

[RedPickle]

From on excerpt:

Tenant shall give Landlord prompt notice of any fire, accident, damage, dangerous, or defective condition relative to the Premises... If part of the Premises cannot be used, Tenant must pay rent for the usuable portion. Landlord shall have the right to decide which part of the Premises is usable.

 

[RedPickle]

Thanks to everyone for some great advice. I think I'm going to the city offices tomorrow.

 

[DrPizza]

Well, actually, you might be in a good situation, other than the water...

You may be able to live there for quite a few months, rent-free.
You don't declare bankruptcy in 1 day, the whole process takes months. Let them evict you - that process takes several months as well. I don't know of landlords having the ability to report such things on your credit report - so it shouldn't effect your credit rating... about the worst thing would be if the next landlord wants rent references. (in which case, you were "living at home with your parents" during the time you've been in that apartment, thus there's no record TO check.)

I'd never recommend such a thing up front... but if someone's trying to screw you over, then I think you have every right (although not legal, constitutionally provided) to screw them back.

 

[RedPickle]

Originally posted by: DrPizza
Well, actually, you might be in a good situation, other than the water...

You may be able to live there for quite a few months, rent-free.
You don't declare bankruptcy in 1 day, the whole process takes months. Let them evict you - that process takes several months as well. I don't know of landlords having the ability to report such things on your credit report - so it shouldn't effect your credit rating... about the worst thing would be if the next landlord wants rent references. (in which case, you were "living at home with your parents" during the time you've been in that apartment, thus there's no record TO check.)

I'd never recommend such a thing up front... but if someone's trying to screw you over, then I think you have every right (although not legal, constitutionally provided) to screw them back.

This is what the guy told me off the record from the rent agency. He told me to not pay rent and evictions cost money and take time. Maybe thats the best way.

 

[jjones]

Originally posted by: RedPickle

Originally posted by: DrPizza
Well, actually, you might be in a good situation, other than the water...

You may be able to live there for quite a few months, rent-free.
You don't declare bankruptcy in 1 day, the whole process takes months. Let them evict you - that process takes several months as well. I don't know of landlords having the ability to report such things on your credit report - so it shouldn't effect your credit rating... about the worst thing would be if the next landlord wants rent references. (in which case, you were "living at home with your parents" during the time you've been in that apartment, thus there's no record TO check.)

I'd never recommend such a thing up front... but if someone's trying to screw you over, then I think you have every right (although not legal, constitutionally provided) to screw them back.

This is what the guy told me off the record from the rent agency. He told me to not pay rent and evictions cost money and take time. Maybe thats the best way.

This is what I was thinking of when I mentioned I probably wouldn't be paying rent for a couple of months. The process varies form state to state but generally there is some period of time before they can actually get you out the door. Which is why I mentioned getting the things fixed and take it out of the rent. If you're going to be staying there for a little bit, you might as well take care of some essentials you need before you quit paying rent entirely.

Edit: BTW, be sure to document everything, keep copies of receipts, etc. Also, it helps to send certified letters of actions you will be taking such as fixing the plumbing and deducting it from rent. In the letter, cite a clause in the lease contract that pertains to this, if applicable.

 

[Vic]

You need to go to your city's housing department. First thing tomorrow morning. Both the landlord and the rental agency have legal obligations to maintain the property sufficiently to provide basic services. No amount of financial difficulty on their part can relieve them of their legal obligations in this regard.
In the meantime, do NOT pay for or do the necessary repairs yourself, and do NOT withhold ANY rents owing, even to pay for repairs. You have legal obligations as well, first among them to pay the rents in full and in a timely manner.

 

[SKyung81]

Originally posted by: Anubis
i think you should move

I agree!

 

[Lyfer]

Eat alot of mexican food and don't flush your toilet for the next week. THen move out.

 

[halik]

meh I'd stop paying the rent completly and had that stuff fixed myself.

 

[RedPickle]

Originally posted by: Vic
You need to go to your city's housing department. First thing tomorrow morning. Both the landlord and the rental agency have legal obligations to maintain the property sufficiently to provide basic services. No amount of financial difficulty on their part can relieve them of their legal obligations in this regard.
In the meantime, do NOT pay for or do the necessary repairs yourself, and do NOT withhold ANY rents owing, even to pay for repairs. You have legal obligations as well, first among them to pay the rents in full and in a timely manner.

I have done my part completely. Paid all my bills up to date, rent and such. I will be going to the City's housing department tomorrow. They should have some kind of obligation to help me with water. I didn't tell them to work with a horrible landlord, they chose to.

 

[RedPickle]

Originally posted by: Lyfer
Eat alot of mexican food and don't flush your toilet for the next week. THen move out.

Heh. If we move out, thats what I am going to do.

Edit: No pics tho

 

[NogginBoink]

Do not stop paying rent without legal counsel.

You could very well damage your credit report. The landlord, if he's entitled to rent (IANAL), could sue you and if he wins judgement against you it goes on your credit report.

You need a lawyer. Call your school's student services office and explain that you need legal help. They should be able to help you find help.

Most of ATOT posters are not lawyers. The law is neither obvious nor fair in many cases. You could really hurt yourself if you stop paying rent. I just don't know enough about the law to say, and I suspect no one else here does either.

 

[Vic]

Originally posted by: RedPickle
I have done my part completely. Paid all my bills up to date, rent and such. I will be going to the City's housing department tomorrow. They should have some kind of obligation to help me with water. I didn't tell them to work with a horrible landlord, they chose to.

You're doing the right thing. Whatever you do, do NOT stop paying rent and do NOT withhold a single dime of rent from the landlord for any reason. Not even to pay for dire repairs. A tenant should never withhold rent from a landlord for any reason, and doing so could completely invalidate any complaint the tenant might have against the landlord, plus get the tenant in a boatload of legal trouble.

One thing I'm not clear about from your last statement here. This "rental agency" that you're going through, is it part of the city housing dept.??

 

[RedPickle]

Originally posted by: Vic

Originally posted by: RedPickle
I have done my part completely. Paid all my bills up to date, rent and such. I will be going to the City's housing department tomorrow. They should have some kind of obligation to help me with water. I didn't tell them to work with a horrible landlord, they chose to.

You're doing the right thing. Whatever you do, do NOT stop paying rent and do NOT withhold a single dime of rent from the landlord for any reason. Not even to pay for dire repairs. A tenant should never withhold rent from a landlord for any reason, and doing so could completely invalidate any complaint the tenant might have against the landlord.

One thing I'm not clear about from your last statement here. This "rental agency" that you're going through, is it part of the city housing dept.??

No it is not. It is a licensed real estate company that rents buildings. Their website can be found here http://www.sallassociates.com

I believe I am going to send them a letter concerning the repair of these pipes and give them reasonable time. My school advises me to withold rent if it is a serious violation, such as no heat or water, if they are not willing to fix my repairs. I would also have to keep the would be rent money in an escrow account incase they sue me.

 

[Vic]

Originally posted by: RedPickle
No it is not. It is a licensed real estate company that rents buildings. Their website can be found here http://www.sallassociates.com

I believe I am going to send them a letter concerning the repair of these pipes and give them reasonable time. My school advises me to withold rent if it is a serious violation, such as no heat or water, if they are not willing to fix my repairs. I would also have to keep the would be rent money in an escrow account incase they sue me.

Okay. I was unsure from a comment you made.

Anyway, follow your school's advice before mine. I am not a lawyer. If you do find it necessary to withhold rent, I agree wholeheartedly with putting those monies in an escrow account.

Good luck.

 

[iamwiz82]

http://www.ehow.com/how_3839_withhold-rent.html

 

[Looney]

The school i went to, there was an office where they dealt with renters right and stuff like that... i'm sure your school has one too, just find where it is and go have a talk with them and see what can be done.