My family and I are living in a duplex that we are renting from a real estate company. We just moved in a few months ago but we've had problems from the start. There were no screens on the windows and the locks are pretty bad on the windows and patio door. The electrical work is really bad. Most of my outlets have never worked and the one in my bedroom can't be used because it knocks out the power in the bathroom. My kids have an exposed outlet in their room that is falling out of the wall and both my 2 and 3 year olds have gotten shocked. To top it off, my central a/c has been messed up for weeks. They sent an a/c repairman out and he had to order the part for it. Then, night before last the part came in so he stopped by and got the a/c working. Last night it stopped working again. Whenever I call they just ask for the rent and deposit money. As this is only the first of the month, and I know I have a grace period of 5 days, I told her I wouldn't have it until Friday. She told me I still owe her $295 (which I don't dispute) and I responded by telling her that I planned to pay it with the rest of the rent that has become due now. She is always very nasty on the phone with me. On the lease I signed, and I have a copy of it, there is no security deposit listed. My husband and I had just made a cross country move and we told her we didn't have enough for the security deposit before we ever looked at the place. She said if we came up with the first month's rent we could move in. I figured when I signed the lease that was what was going on because there was nothing on the line for security deposit. Just to tell you how mean and hateful this lady is, I called to ask her about sending someone out to fix the outlet in my kids' room and her exact words were, "What? You can't keep your kids' fingers out of light sockets?" I told her it was an exposed outlet that's falling out the wall and I had BEEN calling about this issue for a while. Oh, and my dishwasher is full of visible mold and I was told before I moved in that they were taking it out. It's still here and I know this has to be a health code violation. When I called this morning she basically said they were going to start the eviction process today and that she didn't care if my kids sat in 500 degree Florida weather all day with no a/c and no way to open windows for cool air (since I have no screens...) I am just so fed up with it now. I don't even want to pay my rent because I just want out of here. I feel trapped. What can I do about the situation? I know I owe a balance on last months rent but I decided I would pay it all in one check on Friday rather than waste another check just to get it to her a week early. Should I call a lawyer and has anyone else had this problem? Worst that can happen...they kick us out. I honestly don't care because we all hate it here. Is there life after eviction though? We're going to start looking into other places before we actually have to leave here but I'm terrified. We did a run through with the landlord before we moved in and nothing seemed to be too wrong and we were told the problems would be fixed. At the time, we were not aware of electical problems. Nor did we know that the dishwasher would never be taken out of the kitchen. We don't want to stay but our options are very limited at this point.
NOTE (around 4PM): As I was sitting here at the computer, my 2 year old son was in his room trying to take a nap and my 9 month old was in his swing beside me. Out of nowhere, I heard a boom and a flash because a BOLT OF ELECTRICITY just came from my kitchen into my living room...literally 2 feet away from my desk! I saw the bolt with my very own eyes and you could feel it shake my whole house. My neighbor even came over to see what happened. I have had enough. I am not doing this anymore. I'm moving this weekend to a safer home where my children don't run the risk of being killed while sitting at the dinner table.
On another note: Electrical repair and structural repair (including screens for windows) is not required to be a part of your lease agreement as it's required by law anyway. For the record, we've had 4 other leases so we are not new to this. We've just never had a landlord so reluctant to fix their own property.
I called code enforcement today and spoke to the man about all the problems we have here. He said he was deeply concerned with the situation because of the electrical problems we are having and the mold issues. He advised me to do a lot of what you guys recommended to me and also told me he would call my landlord and advise her to get the issues resolved before code enforcement feels they need to become involved. The maintenance man for my unit came by about 30 minutes after I spoke to the code enforcement officer. He replaced the plate on the outlet and put in a smoke alarm in my hallway (where previously had been nothing but wires). My husband and I are making arrangements to move out as quickly as possible. These "corrections" are not in any way, shape, or form acceptable because the main hazards have not even been addressed.
I wasn't going to post a request for this because I thought, "Everyone will just think I'm a stupid young mom that doesn't know how to pay her bills." Thankfully, most of you understand that sometimes, no matter how hard you try, you fall on tough times. I am so glad that some people are blessed enough to NEVER struggle to provide for their families as my husband and I do on a daily basis sometimes. At the same time, I'm sad for you. Because my husband and I struggle sometimes, it makes us stronger as a couple and as parents. We've been in way worse situations than this (trust me) but we are thankful for everything we've been through! It's a blessing to our children as well because it teaches them that NOBODY will hand them everything they ever want and need. You have to work hard for it. They get what they need and NEVER go without those things (food, shelter, clothing, love, attention, etc.) even though they don't get toys every other day.
I will update more when I find out what's going to happen. At this time, I'm sending a letter stating the issues we have here and my intent to move out as quickly as possible. I will probably move out no later than the 12th so I'll probably note that as my move out date. I will enclose a check for the pro-rated rent for August as well as my July balance.
I would get a lawyer and report them and do what you needed to do to try and have them fined or something. Thats horrible and Im sorry that you move her wasnt a pleasent expereince. Hopefully things will get better
J. -
I'm shocked to hear about the negigence of this property management company! It sounds like they're trying to bully you pretty severely. My advice is to not pay a cent on the rent for the month of August. The $295 backrent may be another issue as to whether you owe it or not, depending on how you let the landlord know about the necessary repairs and safety concerns (i.e. written notice or verbal notice). I'm not a real estate attorney, but I do privately rent a couple properties locally around Gainesville, FL so I have a little experience with this.
Instead of paying the rent on the 5th, submit a very DETAILED list as soon as possible of all the items you expect to be corrected and/or repaired. Let them know that in the event these items are not remedied, you plan to end your tenancy. Give a copy in writing AND send a copy to the rental office by certified mail so they can't wiggle out of anything through a loophole. Check out this link to State of Florida Statutes regading the law and rental tenancies:
http://www.flsenate.gov/statutes/index.cfm?App_mode=Displ...
Especially read:
83.51 Landlord's obligation to maintain premises
83.56 Termination of rental agreement
You may eventually want to get a lawyer if this stuff starts to get involved and tricky...but for NOW...Whatever you do - DON'T PAY RENT IF YOU HAVE A SERIOUS ISSUE WITH THE SAFETY OF THE PROPERTY AND THE LANDLORD HAS FAILED TO TAKE ACTION!
83.56 (5) "If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance."
Don't let the threat of eviction be something this person can bully you with. Tenants have rights too! Best of luck!
:)
-Charli
You could get a lawyer, or just do some research yourself since if you break your lease it would more than likely go to small claims court (<$5,000)
But getting a lawyers advice on this is very good idea.
First of all you can break your lease if you or your family are in eminent danger and there is gross negligence on the part of the landlord to keep your rental in order--and having the kids already shocked I would say you were. But the burden of proof is on you--so get an electrician out there to look at it and give you an "estimate" with a list of everything that is wrong in writing and if he thinks it's a danger and/or code violation, get him to put that in writing also. Should cost you $75 for the service call--but if it goes to court--you can counter sue for any expenses you spend like this--even if your landlord doesn't take you though, I would take him because you know you;re not going to get your deposit back. Again a lawyer would be good on this because I you may also be able to recoup things like hotel costs while you are looking for a new place, etc.
Take pictures of all that is wrong--keep accurate records of how long the a/c is broken--living in FL with small children--no AC is also a danger...
I would get all the pictures I could of the faulty problems, get professionals to put down in writing what is wrong---then move the heck out of there!!! Make sure you put in writing that you are moving, when and why and send it to your landlord via REGISTERED mail.
Also, in the letter tell him you expect to get your deposit back since you were forced to leave based on living conditions. Then if you do not get your deposit back--he will have to inform you in writing at anything he keeps--take his butt to court!
Good luck!
The answer to your first question. YES YES YES you need lawyer!
You have children and they run risk of getting severely even fatally injured!
This woman sounds like a real B***H! So does Anna R!
Take her to court. From personal experience, the courts are 90% of the time in favor of the tenants, since there are so many slum lords trying to stiff people out of money for crappy living conditions.
Do not wait any longer, get out of there!
Call a lawyer and see about getting her convicted if possible, because once you leave she will only try and get someone else to live in there!
Good Luck and update us on how you are doing!
Okay, sounds like you are having some serious problems. A lawyer could probably help, but it would be more cost effective to start calling the news stations. They LOVE stories like this! I am pretty sure that will get the landlady's attention way faster than a lawyer will.
my advice... get a lawyer and get one now! There is no excuse for the conditions your landlord has you living in! You need to have permits and other sorts of legal documentation to even rent a property. Protect your rights and get some legal advice right away... and don't forget to take pictures of your apartment and keep a copy of all documents, telephone messages, etc. for your attorney! Good luck to you!
My dear friend,
DO NOT pay any additional money that is not in your lease.. i.e. the $295 security deposit. I would even opt to not pay rent and move out immediately.
Before doing so, take video and pictures of the place with time stamps.
These are poor conditions and it's summertime. To have no a/c is nearly unbearable. Your kids being exposed to that is unthinkable. There is no way to control a child to that degree.
Call an attorney immediately! And move out immediately! Even if you end up out of pocket, they will have to sue you to get the money. And if a judgement is ordered against you, they will have to take you to court again to get the money if you neglect to pay it.
Anyhow, I hope this helps in some way, but that is rediculous and your children's saftey comes first. Who knows what will happen next. And demanding money everytime you call is no way to do business. I always got a letter. The first was yesterday. Please! We've all been there.. so don't worry about that.
J.
p.s. I agree with Heather C! Document the time of day on what day and who you spoke with. Call from a cell phone or somewhere you can show proof via phone bill.
J., GET YOUR KIDS OUT OF THERE!!! That is not a safe environment for your kids to be and you already know that so just pack up and go. I would report the landlord to authorities b/c she will do it to the next family that moves in if noone stops her.
Good luck to you, I hope you can find a better place to call home.
First off, I am sorry about your situation. Does your lease say they will provide the upkeep of the home(electrical, etc)? When you did the move in inspection, did you note all of these issues on the paper?
Anways, what I would do is contact your clerk of courts and ask them about placing your rent money in escrow. You have to turn the money into the court, and the landlord can not recieve it until you are a happy tenent or I think the judge can overrule but it would give you time. Also, they can not evict you as long as you pay it on time to escrow. Definately call them as I have never been in that situation before, as when I had my issues at my old place, we just gave our 30 day notice and forfeited our security deposit(it was only $300 and not worth fighting over since it was in our lease, even though they broke their end of it). Hope all goes well and make sure to keep up updated with the situation.
would suggest you contact a lawyer as soon as possible. In the meantime, you need to send a certified letter to the management company listing ALL the issues and advising them that they have 10 days in which to contact her, to resolve the issues, or you will withhold the rent. In the state of Florida, you must deposit the rent with the Clerk of Court during this period of time. Again, I suggest you contact a lawyer ASAP. Kimberly
My advice, get a lawyer and FAST! In the meantime try to get a code inspector to your home to note the violations! GOOD LUCK!!!
P.s. I think "Anna R's" Comments were rude and uncalled for, she OBVIOUSLY has never been in a pinch, or had hard times, we can only hope people are nicer to her than she was to you when her time comes around, and no matter what she thinks it will, it happens to all of us no matter how perfect you "think" you are!
Anna , word of advice, treat others how you want to be treated, whats comes around goes around, so try to be a little nicer to people whos situations aren't as good as someone as "perfect" as you!!!
You need to put everything in writing. You can give that to them instead of the rent. I suggest moving it sounds as though they have a serious electrical problem that will probably require them to re-wire the house. That is a fire hazard as well as a danger from the exposed outlets. It does not sound as though they are going to be easily convinced to re-wire the house and if theres mold in the dishwasher theres probably mold elsewhere. Very dangerous for the children. Its not worth the fight. Make sure you take pictures and write a letter- send it certified mail in case they try to say you owe the money later. TAKE PICTURES and save your money for a deposit on your new apartment.
I wish you the best.
A.
I wouldn't give them another penny. Try finding out if there is a tenants rights group around, most counties have them. Your rights have definitely been violated and your landlords are breaking safety and health code laws. I wouldn't worry about being evicted, it takes quite a while and as far as I know they can't evict you for not paying the security deposit, especially since that was part of the agreement, they can only evict you for not paying the rent. I think the other mom had a really good idea about putting the rent money in escrow. A judge would see that your intentions are to pay the rent, but that the landlord is being negligent with your children's health and safety. I think you have a good case. If they have violated the health and safety laws then the whole rental is illegal and they have forfeited their rights. this I know for sure as I heard it from an excellent attorney. Best of luck, C.
Sorry to hear about your situation! I sure wouldn't want my kids being around such hazardous conditions. I have a friend who is an attorney, I checked with him for you, and he doesn't handle this type of case, but gave me a couple phone number of resources that can help you. Maybe they are threatening eviction so you don't report this stuff?? Anyways, you can report it with the Florida Dept. of Agriculture & Consumer Services at 800-435-7352. You should call the Brevard Legal Aid at ###-###-#### also, they are set up to help you in this type of situation. He said you need to take close up pictures of all the problems in the house. Hope this help! Good luck!
Yes, you do. Document everything you can with pictures, otherwise they can fix it all & you have no proof. Keep lots of notes with dates/times you spoke with land lord, incidents that happened, etc. because it will be hard to remember down the road when you need it. And then get out of there as fast as you can! Good luck!
Hi J..
Wow, what a mess. I do know that in order to keep your credit in good standing, you can file a petition with the court. Until the problems are taken care of, you make your rent payments to the court itself. This way, you are in good faith of your rental agreement, and your landlord is required legally to handle all the repairs. Landlord will not receive the payments until the repairs are completed. I don't believe a lawyer is necessary. Go to the courthouse and ask for a landlord/tenant handbook.
Hope this helps!
C.
I work for a real estate company and WOW, normally Real Estate Companies fix problems. Well, I have to say that I wouldn't pay the deposit until you have it in writing that deposit is being paid or at least get a receipt showing deposit paid. Second, you can withhold rent in an escrow account if the home is in uninhabitable conditions, I would say open electrical outlets and your kids getting shocked is pretty uninhabitable. You can also call code enforcement on them. I would also say send them a certified letter stating all of this and get proof of receipt for the letter and keep a copy. I would definitely move but make sure they do not continue this craziness. They can void your lease for non payment but you can fight it. I would definitely hire a lawyer if you want to stay there but if not don't let them get away with things like that either. Call code enforcement on that and at least they will be forced to fix the outlets and also report it to BBB.
It sounds like an unsafe place, theres no doubt about it! However, as a landlord myself, when you do go to court (if i goes that far) you wont have much of a leg to stand on with back rent owed. In my experience the judge just looks at the tenat as looking for an excuse for not payng rent when they are teling about whats wrong with the apartments. (not that you are by any means). Even if you do move out ASAP. they will probably place a lien on you for the back rent owed, Which will be on your credit report for 7 years. If you do want to move out, go ahead and pay just the back rent and then ONLY for the actual days you are there in August.(take what your monthly rent is and divide by 31, this gives you a daily rate for August) Then when you do go to court (if they place a lien) You can explain the circumstances to the judge for not ever paying the security deposit, but all the rent was paid. They may try to fight you for the security deposit since you are breaking your lease.
I hope this helps, and hopefully you will not end up in another apartment like this!
J. #1 I would first call the health inspector so they come out and red flag her all over the place. Especially since you have mold and children. Can you tell I watch a lot of Judge Judy and the rest. #2 if there was nothing in the lease about a security deposit how can she come back and say there is? #3 there is a place here in florida that you can call that is called Legal Options. I see it all the time on fox 35. I would start with the health inspector first for the mold and exposed electrical make sure you get it all documented.Also keep your phone records to show how many times you have complained to the landlord since you got here in such a short amount of time and right down her smart comments.HMMM eviction tell her good luck it takes at least 120 days to get an eviction in florida.But if you take the correct steps I am telling you it cannot be an eviction if the conditions are undeplorable for you and your children to live in. Especially if they have asthma. By the way before you call make sure to do a walk thru and take pictures of everything and I mean everything. Inside and out. Hope that helps.
First and foremost is the health and safety of your children. Get out of there! You don't want to risk serious illness or injury over a few hundred dollars. The money isn't worth it and it sounds as if there is TOO much wrong to warrant staying. Why would you hesitiate to leave a place that you hate and is totally unsafe for your family? I guess you've learned a valuable lesson. Do an inspection of the property and get everything in writing on your next lease. I would pay the outstanding balance before the landlord/owner has a chance to ruin your credit. Don't look back!
