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stimpyzu
Dec 17, 2010, 08:03 PM
I'm reading other questions here but it doesn't address my issue.

The other day, someone from the office of the property management where I live stuck a letter to my door. It was a Nonrenewal Notice. I was home and they didn't knock, I guess they were afraid to give it to me in person.

Basically, they are advising us that they are giving us official notice that our lease is due to expire and that they will not be renewing it, nor will we be given the opportunity to rent month to month.

It then states all in caps that "YOU MUST MAKE ARRANGEMENTS TO VACATE THE PREMISES KNOWN AS .... ON THE 30TH DAY OF NOVEMBER, 2010". But, I received this notice on December 15th, 2010??

The actual date the lease is to expire is February 28th, 2011. But that still doesn't give us much time to find a new place. Gosh, they hit us with this right before the holidays!

The whole problem with this is the following: we have never had a complaint from any neighbor, nor from the office, no seven day notices, no three day notices, nothing. The rent was always paid on time, for four years, it was not late, not once!

They did work on the building and code enforcement shut them down. My husband, being in construction, tried to help them out with the city and the permits so that they could get out of the fines they got themselves into. They even gave us a rebate on the rent for all the time that he put in that month.

But in March of 2009, we had a leak in the roof and a section of our ceiling caved in. We told the office about this and they fixed the leak (not for the first time, this was the 3rd or 4th leak that we had had, but this one was the worst as the ceiling caved in) and we had a big gaping hole for the longest time up there. Then they finally put up some drywall, but it wasn't put up right and there were holes all around the drywall sheet. Our electric bill skyrocketed as we were cooling out the attic as well as the rest of the house for months.

We finally went back to them telling them that this was unacceptable, it had been over a year, and that there was mold up there. They agreed that it was unacceptable and told us they would move us to a new unit.

Then, while waiting for that new unit, they decided to replace the A/C. After replacing the A/C on a Friday, it went out and it was a particularly hot weekend. We called maintenance and my husband went up on the roof with the maintenance guy where all the A/C units are for the whole building. Well what he saw scared the living heck out of him. He said some breakers were put aside, some wires where connected without breakers, there was loud humming sounds, etc. etc. Basically, a fire waiting to happen.

Now he had had enough. He wrote an email to the city explaining all the problems (the hole in the ceiling, the A/C and the fire hazard, and the dishwasher that had burned out and started smoking up the kitchen two weeks prior). They came in on Monday morning blazing and told them to get a licensed A/C company to fix the problem and told us that the breakers in the panel inside our apartment were not the right ones for the A/C and that they were to fix it.

Needless to say, the did the work themselves, no licensed company ever came. It took another month and a half before they finally fixed the hole in our ceiling and again, since it wasn't done by a contractor, it was never done properly, with a fire envelope to keep it from burning to fast as this is the ceiling in the stairwell, our only way out in case of a fire. The breakers inside our panel were never changed. The city never came back.

My husband was asked "why did you call the city"? Basically, he was a whistle blower. "We had worked out a deal with you, we were going to move you to another unit". Ok, but once he saw that there was a potential danger for the WHOLE building to catch on fire, he figured he had not choice but to speak up! Do you blame him?

So I ask you my friends, doesn't this Non Renewal Notice sounds like it's a retaliatory move on the property management's part?

When I went to the office today I was told by one of the girls there that she didn't know why they told them to write that letter, that they don't tell her anything, that she was sad to lose us, but that my husband calling the city that day caused the property management BIG BIG problems and cost them A LOT of money. What did they expect if they kept doing work without permits and without licensed contractors? They got caught once before, with the windows, my husband tried to help them and told them that "you can't get around getting permits, or you will pay heavy fines" but they still operate that way, and when you're talking about working with electrical components by maintenance guys that usually unplug your toilets, that is very, very scary!

I would just like for someone to answer me this: Do we have any recourse here and if so, what is it? Who should we contact and what points should we make?

P.S.: I have been disabled for a while now, my arm has been paralyzed and I have a bad back. They know this. To pack a 4 bed, 3 bath house that quick and to find another place to live, just before the holidays, is just making me feel sick to my stomach.

excon
Dec 17, 2010, 09:07 PM
I would just like for someone to answer me this: Do we have any recourse here and if so, what is it? Who should we contact and what points should we make?Hello s:

The only date that is important is the date your lease ends. They have to give you at least 30 days written notice, and they did. No, you have no recourse. I wouldn't discuss this with them even if I COULD get them to change their mind. But, that's just me. I WOULD write them a certified letter, though, correcting their dates and acknowledging the notice.

In the real world, once they file an eviction lawsuit, it would take a couple weeks before it would be heard.. If you vacated BEFORE then, left your place spotless, and paid up another full month, you've got a little extra time.

excon

stimpyzu
Dec 17, 2010, 09:17 PM
Hi excon,

Yes, of course I figured the only date that mattered was the end date of the lease. And they did give us plenty of time to vacate.

At this point I don't really want to change their minds, I've just looked around and found this which I thought was applicable to our case:

FS 83.64 Retaliatory conduct. (1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where: (a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;

The statute keeps going onto the Non Renewal situation and how it is illegal for a landlord to not renew if you called an authority to complain... or so I think that's what I'm reading... I'm no lawyer by any stretch of the imagination...

I truly appreciate your input excon...

excon
Dec 17, 2010, 09:33 PM
or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. Hello again, s:

I don't believe refusing to renew your lease is prohibited by the above. I can't believe any statute would force a landlord to rent BEYOND the lease period.

However, if you believe it does (and you say it DOES mention not renewing as a prohibited act), then let them file the eviction, go to court and present your evidence to the judge. He'll let you stay, or he won't.

excon

LisaB4657
Dec 17, 2010, 09:35 PM
Ex, it depends on the state. In NJ a landlord is required to offer a renewal to a tenant unless they fall into one of 16 specific categories. And a refusal to renew as retaliation is not permitted. If the OP would tell us their location we could give a better answer.

stimpyzu
Dec 17, 2010, 11:01 PM
I'm sorry, I really thought I'd mention I was in Florida...

And I do see we have provisions for retaliatory conduct from the landlords in this state... but how do you go about that??

Not to be offensive to anyone, but if you are going to offer an opinion, I know what I wrote is lengthy, but please read the whole thing to get the whole story... I'm really depending on you guys here...

stimpyzu
Dec 17, 2010, 11:05 PM
Again, I think we are being kicked out for whistle blowing their poor workmanship and not getting any permits. This IS a retaliatory action from my landlord!!

ScottGem
Dec 18, 2010, 06:38 AM
Not to be offensive to anyone, but if you are going to offer an opinion, I know what I wrote is lengthy, but please read the whole thing to get the whole story... I'm really depending on you guys here...

Sorry, but you have no right to complain about that. In point of fact you gave a lot of extraneous details that were unnecessary but left out the key info about where you live. All you needed to say was that you had maintenance problems that you complained about and were not fixed properly involving more and that you believe the decision to not renew was retaliation against your complaints.

The answer is, if you believe that is the case, then file a complaint with the local housing department that oversees such things.

stimpyzu
Dec 19, 2010, 11:50 AM
Dear ScottGem,

I know I went into a lot of details, but I don't know a lot about tenant/landlord laws and I wanted to make sure that anyone that read and answered my question understood the situation completely and had all the facts. And I really do believe that they are taking retaliatory action, as it is quite evident (as we caused them to get in tremendous trouble with the city and caused them to spend money to pull permits by their own admission).

I truly appreciate your reply ScottGem. That is exactly what I needed to know and I will be calling the Housing Authority on Monday morning to find out what steps I need to take. Thank you very much.

Thanks to everyone that replied. Hope you all have very Happy Holidays!!