Landlord is unresponsive, what to do?

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  • Annoyed tenant
    1 year ago 02/20/2019 11:08am CST
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    We pay $2400/mo to rent a single family home in MA. We relocated to this area due to new jobs and our old house will be sold next month. If I didn't have to start the new job right away, we would have waited to move before we sold our house and bought a new one here.

    The dishwasher top rack keeps falling off so I don't trust it can handle the weight of dishes safely. The washing machine in the basement leaks a lot of water, we put towels down to soak it up when we do laundry but I'm sure it will be a mold issue if not addressed. We even have our own washer which we offered to use if the landlord wanted to remove the old one. They said they would have to hire a plumber to hook it up for liability reasons. Lastly, the built-in microwave doesn't work and gives an awful burning smell whenever used. We have our own microwave but the extra counter space would be nice.

    It's been over a month since I told both landlords (husband and wife) and now they don't even respond to texts or calls anymore. If I owned this home I would have called a handy man to do these things and be done. Heck, one months rent would more than pay for a brand new washer, dishwasher and microwave.

    What should we do? Not pay rent until they fix it? The lease states there's a $50 late fee. Buy a home and move out without telling them? I guess they could sue us for the remainder of year's rent and our credit would be trashed? The lease doesn't end until Dec 31 but we are in a position to buy as soon as our house closes.
  • John Utah
    registered
    1 year ago 02/20/2019 11:17am CST
    re: Annoyed tenant
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    Annoyed tenant wrote:

    We pay $2400/mo to rent a single family home in MA. We relocated to this area due to new jobs and our old house will be sold next month. If I didn't have to start the new job right away, we would have waited to move before we sold our house and bought a new one here.

    The dishwasher top rack keeps falling off so I don't trust it can handle the weight of dishes safely. The washing machine in the basement leaks a lot of water, we put towels down to soak it up when we do laundry but I'm sure it will be a mold issue if not addressed. We even have our own washer which we offered to use if the landlord wanted to remove the old one. They said they would have to hire a plumber to hook it up for liability reasons. Lastly, the built-in microwave doesn't work and gives an awful burning smell whenever used. We have our own microwave but the extra counter space would be nice.

    It's been over a month since I told both landlords (husband and wife) and now they don't even respond to texts or calls anymore. If I owned this home I would have called a handy man to do these things and be done. Heck, one months rent would more than pay for a brand new washer, dishwasher and microwave.

    What should we do? Not pay rent until they fix it? The lease states there's a $50 late fee. Buy a home and move out without telling them? I guess they could sue us for the remainder of year's rent and our credit would be trashed? The lease doesn't end until Dec 31 but we are in a position to buy as soon as our house closes.


    Get stuff fixed and take it out of the rent. Send the paid invoices along with the short rent check. Tell them in writing you are doing this before you do it.
  • tdyjrt
    1 year ago 02/20/2019 11:21am CST
    re: Annoyed tenant
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    Contact an attorney that specializes in landlord tenant disputes. They will be able to tell you what your legal options are. Many attorneys offer a free initial consultation.
  • John Utah
    registered
    1 year ago 02/20/2019 11:24am CST
    re: tdyjrt
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    tdyjrt wrote:

    Contact an attorney that specializes in landlord tenant disputes. They will be able to tell you what your legal options are. Many attorneys offer a free initial consultation.


    This is a bad idea. You will waste money and whatever improvements you seek will take forever to realize. By then, you'll have moved out.

    Just get stuff fixed and take it out of the rent. Especially if it's basic/necessity stuff like appliances, plumbing, etc. You can't go putting in hardwood floors if you don't like their tile.
  • Gravy
    registered
    1 year ago 02/20/2019 11:26am CST
    re: Annoyed tenant
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    tl;dr
    Call 911 and start CPR stat!
  • Annoyed tenant
    1 year ago 02/20/2019 11:27am CST
    re: Gravy
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    Gravy wrote:

    tl;dr
    Call 911 and start CPR stat!


    4 paragraphs is too long for your to read? It only gets harder once you get to middle school, son.
  • Wadster
    1 year ago 02/20/2019 11:33am CST
    re: John Utah
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    John Utah wrote:

    This is a bad idea. You will waste money and whatever improvements you seek will take forever to realize. By then, you'll have moved out.

    Just get stuff fixed and take it out of the rent. Especially if it's basic/necessity stuff like appliances, plumbing, etc. You can't go putting in hardwood floors if you don't like their tile.


    Assuming you signed a lease, I'd take a look at that and what their commitment to you is in terms of repairs of appliances and such.

    I wouldn't go deducting your expenses to fix the items unless you had it in writing that it was ok to do so. Or else you'll end up spending money on a lawyer to defend you.

    I'm betting that whatever type of agreement you signed, probably said something about everything being in working order (did you check?), and basically relieved the owner of any responsibility to fix if it happened while you were there - which is what they'll say if you signed that kind of language.

    If you're going to do anything, send a registered letter to the owners outlining your complaints - ensure they have to sign for it; then you'll know the message was delivered. If they still don't respond, you might have some legal grounds to do more.
  • Annoyed tenant
    1 year ago 02/20/2019 11:39am CST
    re: Wadster
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    Wadster wrote:

    John Utah wrote:

    This is a bad idea. You will waste money and whatever improvements you seek will take forever to realize. By then, you'll have moved out.

    Just get stuff fixed and take it out of the rent. Especially if it's basic/necessity stuff like appliances, plumbing, etc. You can't go putting in hardwood floors if you don't like their tile.


    Assuming you signed a lease, I'd take a look at that and what their commitment to you is in terms of repairs of appliances and such.

    I wouldn't go deducting your expenses to fix the items unless you had it in writing that it was ok to do so. Or else you'll end up spending money on a lawyer to defend you.

    I'm betting that whatever type of agreement you signed, probably said something about everything being in working order (did you check?), and basically relieved the owner of any responsibility to fix if it happened while you were there - which is what they'll say if you signed that kind of language.

    If you're going to do anything, send a registered letter to the owners outlining your complaints - ensure they have to sign for it; then you'll know the message was delivered. If they still don't respond, you might have some legal grounds to do more.


    They already responded to old texts but haven't done anything so I know they got the message. Does that count or would I still have to send a registered letter? Do I get a lawyer after they sign it? As mentioned above, seems like my lease will be over by the time a lawyer gets anything done?
  • John Utah
    registered
    1 year ago 02/20/2019 11:42am CST
    re: Wadster
    Forum Index
    Wadster wrote:

    John Utah wrote:

    This is a bad idea. You will waste money and whatever improvements you seek will take forever to realize. By then, you'll have moved out.

    Just get stuff fixed and take it out of the rent. Especially if it's basic/necessity stuff like appliances, plumbing, etc. You can't go putting in hardwood floors if you don't like their tile.


    Assuming you signed a lease, I'd take a look at that and what their commitment to you is in terms of repairs of appliances and such.

    I wouldn't go deducting your expenses to fix the items unless you had it in writing that it was ok to do so. Or else you'll end up spending money on a lawyer to defend you.

    I'm betting that whatever type of agreement you signed, probably said something about everything being in working order (did you check?), and basically relieved the owner of any responsibility to fix if it happened while you were there - which is what they'll say if you signed that kind of language.

    If you're going to do anything, send a registered letter to the owners outlining your complaints - ensure they have to sign for it; then you'll know the message was delivered. If they still don't respond, you might have some legal grounds to do more.


    Landlord is not going to sue in this scenario. It's not financially feasible given the dollars involved and the probability of actually winning. You're missing the context completely. In your scenario this guy spends a lot of money on lawyers for simple stuff, wastes a lot of time on simple stuff, and moves out of the house before any of this is resolved.
  • Harambe
    registered
    1 year ago 02/20/2019 11:48am CST
    re: John Utah
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    Withholding or deducting from rent is probably state or even city specific. I wouldn't recommend doing any of that without being sure it's legal.

    There's definitely nothing wrong with talking to a tenant/landlord lawyer to get some applicable advice for an hour. Costs less than having a pissed off landlord who likely knows the law better than you.
  • Harambe
    registered
    1 year ago 02/20/2019 11:49am CST
    re: Harambe
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    I'll add that the fact that landlord is totally unresponsive means that you either have to use heavy-handed tactics or put up with the issues for the lease. They already demonstrated they are going to be difficult. Doesn't take much to imagine getting slapped with tons of mold-remediation fees bc the washer soaked the house. You'll need a lawyer then so might as well talk to one now!
  • Wadster
    1 year ago 02/20/2019 11:50am CST
    re: John Utah
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    John Utah wrote:

    Landlord is not going to sue in this scenario. It's not financially feasible given the dollars involved and the probability of actually winning. You're missing the context completely. In your scenario this guy spends a lot of money on lawyers for simple stuff, wastes a lot of time on simple stuff, and moves out of the house before any of this is resolved.


    I have no idea how long the OP is going to be there. I only said he had "legal grounds" - not that he should hire a lawyer. I wasn't missing the context.

    If it were me, and I was going to be there less than six months, I'd just figure out what I could minimally do to keep things running - and do that - and not bother with the non-responsive landlord.

    However - depending on what the deposit was, I'd be concerned about not getting that back if I signed something that said everything was in working order prior to moving in. Thus, the landlord would be able to fix everything with your deposit money after you've moved out. I've seen that happen.

    And, in that case, the landlord doesn't have to sue, they only have to withhold the return of the deposit.

    OP - two questions: 1) Did you put down a deposit and/or fee (if so, how much)? and, 2) did you sign an rental or lease agreement that said everything was in working order?
  • been there done that moved out
    1 year ago 02/20/2019 11:53am CST
    re: Annoyed tenant
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    Notice in writing is always best.

    That said, you can't said how long your short term rental is. Is it possible that these are just annoyances you should live with for a short while until the lease runs out?

    It is possible or even likely that your landlord is less likely to fix anything since he knows you are only there short term. I assume this is a private rental (not a management company involved).

    Annoyed tenant wrote:

    They already responded to old texts but haven't done anything so I know they got the message. Does that count or would I still have to send a registered letter? Do I get a lawyer after they sign it? As mentioned above, seems like my lease will be over by the time a lawyer gets anything done?
  • been there done that moved out
    1 year ago 02/20/2019 11:57am CST
    re: been there done that moved out
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    Sorry responded too quickly. You did say how long the lease lasts.

    So, eventually this comes own to living with annoyances, willingness to take the landlord to court, or fixing these things yourself. I mean, assuming the only thing wrong w/ the dishwasher is the rack, I personally would just buy a new rack, assuming I could find the right one that fit. I could probably fix the washer myself too with just a little outlay (probably just needs a new gasket or fasteners. While it would be annoying to have to do that since the landlord really should be responsible, it would be less headache than just shelling out a few bucks and a few hours labor to have appliances that work for ten months.

    Still worth putting the complaints in writing, since it may become a pattern.
  • John Utah
    registered
    1 year ago 02/20/2019 11:58am CST
    re: Harambe
    Forum Index
    Harambe wrote:

    Withholding or deducting from rent is probably state or even city specific. I wouldn't recommend doing any of that without being sure it's legal.

    There's definitely nothing wrong with talking to a tenant/landlord lawyer to get some applicable advice for an hour. Costs less than having a pissed off landlord who likely knows the law better than you.


    In most states you are allowed to do this for basic stuff like plumbing, heating, etc.
  • alpha
    registered
    1 year ago 02/20/2019 12:12pm CST
    re: John Utah
    Forum Index
    First, very carefully read your lease, then read up on local/state landlord and tennant statutes.

    At this point you'll know your real options.
  • rtykjr
    1 year ago 02/20/2019 12:26pm CST
    re: Annoyed tenant
    Forum Index
    Your lease doesn't expire until 12/31. A lawyer will tell you immediately what recourse you have. To make changes in your favor it could be a day or take a month, depending of certain factors, like for example the landlord's answer and when.
  • pipe dreamer
    1 year ago 02/20/2019 12:29pm CST
    re: Annoyed tenant
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    Annoyed tenant wrote:

    Gravy wrote:

    tl;dr
    Call 911 and start CPR stat!


    4 paragraphs is too long for your to read? It only gets harder once you get to middle school, son.


    You could learn to fix a leaking washer in kindergarten.
  • rtykjr
    1 year ago 02/20/2019 12:32pm CST
    re: rtykjr
    Forum Index
    I will also add that law is very complex. There's no sure way to know what your rights are even reading the lease and looking at your state and city laws. For example, "Quiet enjoyment" in a lease is a common term and to many people means you have the right to enjoy your rental property in peace and quiet. But it does not mean that at all, at least in one state. It means that the landlord is guaranteeing that they own title to the property and no one else will be able to come in take possession of the property, or something like that. Law is complex.
  • John Utah
    registered
    1 year ago 02/20/2019 12:33pm CST
    re: rtykjr
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    rtykjr wrote:

    Your lease doesn't expire until 12/31. A lawyer will tell you immediately what recourse you have. To make changes in your favor it could be a day or take a month, depending of certain factors, like for example the landlord's answer and when.


    Spend $500+ on a lawyer for $300 in repairs
    what?