View Full Version : Landlord/Tenant Dispute
ASLOMINSKI
Dec 5, 2008, 10:46 AM
I am having an issue with my landlord. To give some background, I have known this family since High School. I was good friends with my landlords son and daughter. We have been living upstairs of my landlords duplex for 2 years now... and just this past April, his son moved in downstairs. Now we are suppose to alternate doing the outside duties per our rental agreement. We cut the lawn one week they do it the next etc... same with snow, we do the snow removal one time they do it the next, which I believe is perfectly fair. Well did everything ALL summer long, weeding the garden, weedwacking, cutting the lawn, watering the gardens and lawn, sweeping up the driveway... things that need to be done all summer. Not to mention, I had to go out and get my own lawn mower and weedwacker because the landlord failed to provide me one after several requests. The downstairs tenants cut the lawn ONCE. I asked them several times to assist with the outside duties, but they never stepped up to the plate. I have told this to my landlords wife several times. Now its winter, the snow is falling and his son hasn't shoveled or made an attempt to clear any walkways at all. I called and told the landlord that the snow has not been removed and he needed to call the downstairs tenants to do it. I advised him that it is unfair if we had to do it seeing as we have been doing work all year long without their help and that they should rightfully have to remove the snow. He told me that if he gets a fine our rent is going up and that he would "talk" to him. Last time he "talked" to him nothing changed. Should I really have to do the snow removal? And it is not my responsibility to babysit his son and keep a chart if he is doing his part or not? Are they just getting treated better because its his kid? Is there anything I can do about it? HELP!!
JudyKayTee
Dec 5, 2008, 10:52 AM
I am having an issue with my landlord. To give some background, I have known this family since High School. I was good friends with my landlords son and daughter. We have been living upstairs of my landlords duplex for 2 years now...and just this past April, his son moved in downstairs. Now we are supose to alternate doing the outside duties per our rental agreement. We cut the lawn one week they do it the next ect...same with snow, we do the snow removal one time they do it the next, which I beleive is perfectly fair. Well did everything ALL summer long, weeding the garden, weedwacking, cutting the lawn, watering the gardens and lawn, sweeping up the driveway...things that need to be done all summer. Not to mention, I had to go out and get my own lawn mower and weedwacker b/c the landlord failed to provide me one after several requests. The downstairs tenants cut the lawn ONCE. I asked them several times to assist with the outside duties, but they never stepped up to the plate. I have told this to my landlords wife several times. Now its winter, the snow is falling and his son hasn't shoveled or made an attempt to clear any walkways at all. I called and told the landlord that the snow has not been removed and he needed to call the downstairs tenants to do it. I advised him that it is unfair if we had to do it seeing as we have been doing work all year long without their help and that they should rightfully have to remove the snow. He told me that if he gets a fine our rent is going up and that he would "talk" to him. Last time he "talked" to him nothing changed. Should I really have to do the snow removal?? And it is not my responsibility to babysit his son and keep a chart if he is doing his part or not? Are they just getting treated better becuase its his kid? Is there anything I can do about it? HELP!!!
I think you could win this battle but lose the war - do you have a lease? I would be afraid of being evicted.
That having been said - have you tried talking to the son? I would be uncomfortable with the "I remove snow this week, you remove snow next week" because I have a professional plowing my driveway and sometimes he shows up and I wonder why and other times I wonder where he is. No two people agree on snow removal unless the snow is pretty much up to your armpits. Maybe the son just doesn't shovel until no one can walk.
Can you force the issue? I really don't know how. My guess would be that when everything is taken into consideration, no matter what, the father will side with the son and you will be an outsider.
ASLOMINSKI
Dec 5, 2008, 11:06 AM
I think you could win this battle but lose the war - do you have a lease? I would be afraid of being evicted.
That having been said - have you tried talking to the son? I would be uncomfortable with the "I remove snow this week, you remove snow next week" because I have a professional plowing my driveway and sometimes he shows up and I wonder why and other times I wonder where he is. No two people agree on snow removal unless the snow is pretty much up to your armpits. Maybe the son just doesn't shovel until no one can walk.
Can you force the issue? I really don't know how. My guess would be that when everything is taken into consideration, no matter what, the father will side with the son and you will be an outsider.
Yes, I have treid to talk to the son, but he says one thing and does another. I don't think they could evict me over this because I have not done anything wrong. I did my part, they didn't do theirs. I pay my rent on time and do more than I should for the house. He has made it clear to both me and his son that EVERY time it snows and there is accumulation on the ground we need to shovel. Especially the front sidewalk because he could get a 180.00 fine for that not being shoveled. And still it doesn't change. I wouldn't mind paying a little higher rent, if he hired someone to do the snow removal and lawn cutting, but If I have to do it... no way am I paying higher. The landlord knows that I just had a baby 3 months ago, so it isn't easy for me to get out there every time it snows... I can't leave her upstairs on her own.
JudyKayTee
Dec 5, 2008, 11:17 AM
Yes, I have treid to talk to the son, but he says one thing and does another. I don't think they could evict me over this b/c i have not done anything wrong. I did my part, they didn't do theirs. I pay my rent on time and do more than I should for the house. He has made it clear to both me and his son that EVERY time it snows and there is accumulation on the ground we need to shovel. Especially the front sidewalk b/c he could get a 180.00 fine for that not being shoveled. And still it doesn't change. I wouldn't mind paying a little higher rent, if he hired someone to do the snow removal and lawn cutting, but If I have to do it...no way am I paying higher. The landlord knows that I just had a baby 3 months ago, so it isn't easy for me to get out there every time it snows....I can't leave her upstairs on her own.
You can pretty much be evicted in most States - except NJ which is really tough - for just about anything. Do you have a lease or a month to month? Will the landlord try to evict you? I don't know.
He needs to talk to his son but I don't know that he's going to do that.
I think the "why don't we hire someone and split the cost" is a good idea. I don't know how you can be responsible for the fine if the son is sitting downstairs watching TV instead of shovelling - but I can see that might happen.
ASLOMINSKI
Dec 5, 2008, 11:25 AM
You can pretty much be evicted in most States - except NJ which is really tough - for just about anything. Do you have a lease or a month to month? Will the landlord try to evict you? I don't know.
He needs to talk to his son but I don't know that he's going to do that.
I think the "why don't we hire someone and split the cost" is a good idea. I don't know how you can be responsible for the fine if the son is sitting downstairs watching TV instead of shovelling - but I can see that might happen.
I don't think he has a reason to evict me. He can't evict me because his son is lazy. And as long as I make it aware to him that my lease says "1/2 of snow and lawn duties", and I did my 1/2, it just so happens that my 1/2 was cutting lawn all summer, and his sons 1/2 will have to be snow removal all winter. Because I followed my lease, I think I am pretty save. Just that we are using a loophole on how it is worded.
ScottGem
Dec 5, 2008, 11:42 AM
I don't think he has a reason to evict me.
First, you aren't listening to what Judy said. Unless you live in NJ, the landlord can decide not to renew your lease FOR NO REASON at all. Now, as long as you have a lease with a specified expiration, you are safe. But what happens when the lease expires? The landlord can decide not to renew and you will have to move.
You are indicating you have a lease. What SPECIFICALLY does the lease say about maintaining the outside? Does the lease specifically divide the labor between the units?
ASLOMINSKI
Dec 5, 2008, 11:47 AM
First, you aren't listening to what Judy said. Unless you live in NJ, the landlord can decide not to renew your lease FOR NO REASON at all. Now, as long as you have a lease with a specified expiration, you are safe. But what happens when the lease expires? The landlord can decide not to renew and you will have to move.
You are indicating you have a lease. What SPECIFICALLY does the lease say about maintaining the outside? Does the lease specifically divide the labor between the units?
I am listening to what she is saying, he can't EVICT ME, he can only not renew my lease when that is over. The lease specifically states that we are responsible for 1/2 of the snow removal/lawn care. I did my 1/2... but it was the first 1/2 of the year, now his son can do his 1/2, the 2nd half of the year. The lease does not specify that I need to do 1/2 of the summer and 1/2 of the winter duties.
ScottGem
Dec 5, 2008, 11:52 AM
I'm pretty sure that by eviction, Judy meant getting you out when the lease expired. So I assume, buyt your last note, you are prepared to move when the lease expires (which is when, by the way?). Because if you antagonize the landlord, he's going to want you out. He will then lease to someone else who is willing to do all the maintenance.
JudyKayTee
Dec 5, 2008, 03:28 PM
I don't think he has a reason to evict me. He can't evict me becuase his son is lazy. And as long as I make it aware to him that my lease says "1/2 of snow and lawn duties", and I did my 1/2, it just so happens that my 1/2 was cutting lawn all summer, and his sons 1/2 will have to be snow removal all winter. Because I followed my lease, I think I am pretty save. Just that we are using a loophole on how it is worded.
The very first time you posted I asked if there was a lease. I never heard "lease" until later. Your exact words were: "and just this past April, his son moved in downstairs. Now we are supose to alternate doing the outside duties per our rental agreement"
Now you've possted that the agreements says "1/2 of snow and lawn duties." Those are two very different things.
Arguing with the people who are trying to help you based on their knowledge of the law and what you have posted is counterproductive all the way around.
If you believe that the landlord cannot evict you for a violation of your lease (which is how he/she very well may see this), do nothing and wait and see what the landlord does. You are incorrect - you can be evicted on the grounds that you broke any term of the lease. It's not just about paying rent.
(I also find the language of the lease to very non-specific and favor the landlord. Did an Attorney review it for you before you signed it?)
JudyKayTee
Dec 5, 2008, 03:30 PM
I am listening to what she is saying, he can't EVICT ME, he can only not renew my lease when that is over. The lease specifically states that we are responsible for 1/2 of the snow removal/lawn care. I did my 1/2....but it was the first 1/2 of the year, now his son can do his 1/2, the 2nd half of the year. The lease does not specify that I need to do 1/2 of the summer and 1/2 of the winter duties.
You are incorrect - and I explained in detail below. You CAN be evicted if you break the terms of the lease and I find the wording of the lease to be, at best, vague.
Unfortunately you signed a very muddy document and now you are bound to it.
Fr_Chuck
Dec 5, 2008, 04:43 PM
And to be frank, I was a landlord for years and years, if I could not find a term in a lease to break it over I would be surprised,
JudyKayTee
Dec 5, 2008, 06:05 PM
And to be frank, I was a landlord for years and years, if I could not find a term in a lease to break it over I would be surprised,
I was thinking that but decided to exercise rare restraint - particularly if I prepared the lease!