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View Full Version : Landlord taking away dryer after 4 years (Florida)


blownfuse
Sep 23, 2013, 01:26 PM
I have had a month to month tenancy for the past 4 years without a problem.
My landlady had her son come into my house and take our dryer because "fuses are blowing too often and it must be the dryer causing the problem, we will get you a new one" so I let him in the house to take the dryer.. Well, we aren't getting a dryer and the son told us that he has power of attorney and does not have to supply us with a dryer. He stated the only reason we had a dryer was because they were being nice at the time. I advised the son that it states in my lease "washer and dryer". He came back to me and said that the lease we signed for the month to month was only good for a year (there were no time limits) and he will prepare a new one "without dryer". He then told me not to bother his mother anymore with electrical issues. The electrical system in this house is from the 1950's and these fuses have to be purchased. When we use the dryer or the oven, a fuse will blow, not always but it happens more often than not. This has been going on for 3 years and we would just buy a new fuse and charge her for it. It has come to the point where she has to buy 4 - 6 fuses a month and she can't stand it anymore hence removing the dryer. She has had estimates on upgrading the electrical system but doesn't like them. She is going to continue to get estimates. My husband even had to replace a hot water heater electrical outlet because the hot water shut off and upon investigating we found the outlet and plug were melted together. Bottom line is can they remove our dryer? It seems to me that they did while my current lease is still in effect making me think they broke their side of the lease perhaps. Don't they need to repair this electrical problem with a reasonable amount of time? And for the past few weeks they are texting me that they will be right over (no warning, they want immediate access) to take pictures of appliance, circuit boxes, and doors. She comes with her camera and just starts taking pictures. Yesterday she was in the yard taking pictures of my dog (yes it is stated in my lease I can have a dog). Now she is demanding I give her a copy of my bedroom key.

excon
Sep 23, 2013, 01:46 PM
Hello b:

I didn't read much past your lease that says DRYER.. Yes, you're on a month to month with the SAME conditions you had under your original lease. He can CHANGE them with a 30 notice, or he can evict you with a 30 day notice...

Given ALL the problems you're having BEYOND the one I read about, I'd give him my OWN 30 notice and leave. Who wants to rent from this guy?

excon

N0help4u
Sep 23, 2013, 01:48 PM
No use wanting a dryer until the problem is fixed. Then it most likely be up to get your own. Old lease means they are not responsible for appliances unless you prove different. You need to get a hold of your towns building code inspector and the board of health to check out the problem. Then they will be given xx days to fix it or be fined.

Petunia14
Sep 23, 2013, 03:05 PM
I still am under my original "month to month" which states they provide me with a dryer, he is changing things without the 30 days notice.

I can't live like this wondering what is next in their deranged minds.
Today she was peeping in my windows thinking I was at work.

N0help4u
Sep 23, 2013, 03:39 PM
Then take that to the magistrate. But what point is there if the wiring is that faulty?

blownfuse
Sep 23, 2013, 06:36 PM
The point is that a landlord should not break his part of the lease no matter what. He rented me a place with a dryer. He shouldn't just come in under false pretenses (saying he was removing it to install a new one) and remove something and then change the terms of the lease. That was my question, he changed the terms of the lease and he shouldn't be allowed to. I am not allowed to change our contract without his permission, am I?

Besides, I thought for some reason, color me embarrassed, that this was a legal advice site.

N0help4u
Sep 23, 2013, 07:20 PM
I meant make him fix the electrical problem first and they aren't going to do that until you take it to the building code inspector . Then take them to court for the dryer,

excon
Sep 24, 2013, 02:19 AM
Hello again, b:

Besides, I thought for some reason, color me embarrassed, that this was a legal advice site.What am I? Chopped liver?? I GAVE you excellent legal advice.. I TOLD you that you were correct in your interpretation of your lease. I ALSO told you that WITHOUT a lease, you can be evicted with a 30 day notice, so there's NOTHING you can really do. I ALSO suggested that instead of WAITING for him to evict you, as he surly will, you should give HIM your notice..

That was legally CORRECT advice, and very GOOD personal advice... It was free too.

Excon

ScottGem
Sep 24, 2013, 03:11 AM
Besides, I thought for some reason, color me embarrassed, that this was a legal advice site.

And it is. But we are all volunteers here and sometimes, someone answers incorrectly. When that happens others will usually correct the erroneous advice.

You are correct that the terms of the original lease remain in effect (except for term and rental) after it expires and you go month to month.

However, that also means that the landlord can change the terms of the lease with 30 days notice. Also, in FL, they can give you 15 days notice prior to the end of the rental period to vacate. On the other hand, there are laws against retaliatory evictions.

Bottom line is he can give you 30 days notice of a change in the lease that a dryer will no longer be provided. You should report the faulty wiring to the local housing department.

Frankly, though, I don't see this ending well for you. Finding a new place to live is probably your best choice.

joypulv
Sep 24, 2013, 04:33 AM
Adding to the correct advice above, but outside of the law, there's the very important matter of how cheap your rent is for an acceptable abode. A tenant who has a good deal doesn't leap right over compromise and negotiation to a legal battle.
Another aspect of month to month (lease expired or self renewing or what) is that your rent can be raised with 30 days notice. So if the owner decides to get some expensive electrical work done, you can bet your bottom dollar that your rent will go up.
And there's no retaliation provision in the law for that.

N0help4u
Sep 24, 2013, 06:17 AM
We gave you legal advice. I told you take it to the town building code inspector and then the magistrate BECAUSE they informed you that you were not to talk to them over this any further. IF you want to keep after them they can slap a harassment charge on you or give you a 30 day eviction notice.
I don't know what legal advice beyond what we have said that you are looking for.

N0help4u
Sep 24, 2013, 06:25 AM
Adding to the correct advice above, but outside of the law, there's the very important matter of how cheap your rent is for an acceptable abode. A tenant who has a good deal doesn't leap right over compromise and negotiation to a legal battle.
Another aspect of month to month (lease expired or self renewing or what) is that your rent can be raised with 30 days notice. So if the owner decides to get some expensive electrical work done, you can bet your bottom dollar that your rent will go up.
And there's no retaliation provision in the law for that.

EXACTLY that is why I was trying to suggest he get his own dryer but first deal with the electrical problem.

joypulv
Sep 24, 2013, 10:10 AM
A few other things:
The owner may have been taking pictures for her insurance company. And these days, all of them want to know what kind of dogs are present, and if she didn't know the breed of yours or it's a mutt, they would have required a picture. (Many breeds are just plain not going to be covered, so this could be another change to your tenancy within the next 30 days.)
Building inspectors don't just jump up and go look at any complaint of a tenant anywhere I know of. So you may be out of luck on that. They are also usually not in their office except early am and end of day, and there might be a bunch of contractors on the clock waiting for permits.
I'm going to reiterate that you are expecting too much as a tenant, and are asking for your month to month to be terminated in 15 days - either sign a new one with no dryer, with a dryer and much higher rent, possibly no dog if you have a large one or a pit bull or pit bull mix, or lastly, be told to move out. Which they have a right to do, and there is no way you would win a case of retaliation for any of this.

I have been both a tenant and a landlord many times over in my 66 years...

blownfuse
Sep 24, 2013, 12:36 PM
You are correct that the terms of the original lease remain in effect (except for term and rental) after it expires and you go month to month.

Bottom line is he can give you 30 days notice of a change in the lease that a dryer will no longer be provided. You should report the faulty wiring to the local housing department.


Exactly what I have been trying to say. He HAS to give me 30 days notice to change the lease. I never had a yearly lease, always a month to month. I still under the guidelines of the original lease, it hasn't been changed yet. He said he will get me a new one but that hasn't happened yet. He was mistaken when he said my original lease was only good for a year. He didn't know because he has never seen the lease nor was he part of anything when I moved in. I met him two years after I moved in. He is assuming I signed a one year lease and then it turned into a month to month and you know what happens when you assume.

blownfuse
Sep 24, 2013, 12:53 PM
A few other things:
The owner may have been taking pictures for her insurance company. And these days, all of them want to know what kind of dogs are present, and if she didn't know the breed of yours or it's a mutt, they would have required a picture. (Many breeds are just plain not going to be covered, so this could be another change to your tenancy within the next 30 days.)
Building inspectors don't just jump up and go look at any complaint of a tenant anywhere I know of. So you may be out of luck on that. They are also usually not in their office except early am and end of day, and there might be a bunch of contractors on the clock waiting for permits.
I'm going to reiterate that you are expecting too much as a tenant, and are asking for your month to month to be terminated in 15 days - either sign a new one with no dryer, with a dryer and much higher rent, possibly no dog if you have a large one or a pit bull or pit bull mix, or lastly, be told to move out. Which they have a right to do, and there is no way you would win a case of retaliation for any of this.

I have been both a tenant and a landlord many times over in my 66 years...

Hi and thank you. Well Code Enforcement comes out within the same day where I live. They inspect and then give the homeowner 15 days to rectify the situation or pay a fine, that fine keeps adding up the longer the situation is remedied. I don't think I am asking too much for my landlord to abide by the terms of the lease. If he wants to change the lease, that's fine but do it the right way. If I pay rent on the 15th (which is when it is due) you don't change the lease on the 19th. I especially don't think I am asking too much for them to replace faulty wiring.

blownfuse
Sep 24, 2013, 01:04 PM
We gave you legal advice. I told you take it to the town building code inspector and then the magistrate BECAUSE they informed you that you were not to talk to them over this any further. IF you want to keep after them they can slap a harassment charge on you or give you a 30 day eviction notice.
I don't know what legal advice beyond what we have said that you are looking for.

Thanks and I apologize. I haven't spoken to them, I am not harassing them in any way. I am just waiting for my new lease and the electrical problem to be repaired. I really don't care about the dryer, I am not upset over losing a dryer, I am upset over the sneaky way they took it from me by saying they were replacing it. I had no reason to think they weren't being honest as they have already replaced the dryer once before. This is the first problem I have had in the 4 years I have been living here. Then this son comes into the picture and started all this nonsense. The landlady already was in the process of having the electric updated in the house and he stopped it, not her. She texted me this morning to see how things are as she always does every now and then. It's the son who is doing all this.

N0help4u
Sep 24, 2013, 01:24 PM
He is probably 'bullying' her because he 'doesn't want her spending his inheritance' or something. But other than asking HER what she plans on doing, what else can you do if he is going to put a stop to everything. If you take it to court then that puts a stop to the son and they have their orders.

blownfuse
Sep 24, 2013, 01:34 PM
Thanks everyone. Well I do hope they fix the electric on their own because I don't want to report them to Code Enforcement but I will if I have to. I can buy my own dryer. It's just so irritating that this son of hers is doing what he doing. Up until now I have had a very peaceful residence and was very happy. Sign a new lease, no problem. Raise the rent? No problem, it hasn't been raised in 4 years.
If the son continues on like this I will move. I don't need daily aggravation in my life.

If anyone is interested in what the Florida Bar Association has to say you can read this. I now am full of knowledge and know my rights as a tenant. When I sign my new lease, if I do, I will give them a copy of this. Have a great day everyone!

Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS (http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588#RIGHTS%20AND%20DU TIES%20OF%20LANDLORDS)

blownfuse
Sep 24, 2013, 01:35 PM
He is probably 'bullying' her because he 'doesn't want her spending his inheritance' or something. But other than asking HER what she plans on doing, what else can you do if he is going to put a stop to everything. If you take it to court then that puts a stop to the son and they have their orders.

Hi Nohelp,

You are 100% correct! He was never around until her husband passed away. He was the owner, the house then went to my landlady. Then all of a sudden the son appears and is now doing what he is doing. It's sad because my landlady is afraid of him. He will get his, I believe in Karma.

ScottGem
Sep 24, 2013, 01:51 PM
[I][B]
He is assuming I signed a one year lease and then it turned into a month to month and you know what happens when you assume.

He's not assuming, it sounds like he is 100% right. Where he is wrong, is in thinking that the terms of the original lease expired with the expiration of the original lease. That is incorrect as the terms, except for term and rental remain in effect until and unless a new lease is signed. And any change in those terms requires a 30 day notice to become effective. Also, you may not be required to agree to those changes. You have a choice to accept the changes or move. If you don't move within the 30 days, it will (probably) be considered tacit approval of the changes.

Sub-standard wiring, can become a danger and you can push to have it replaced. Document the number of blown fuses (fuses themselves are very old as, I believe, they have mostly been replaced by circuit breakers). And your requests to have the wiring repaired.