Ask Me Help Desk - Landlord problems

I have asked my landlord 3 times to fix some things in my apartment and they say if it is not major then the answer is no. The plaster and paint in the windows is chipping big time, and the carpet seems is coming up. They will not fix it, they say it is not major. But it looks shabby. I pay 610 a month for a two bedroom apartment. HELP:confused:

Okay well trust me they will not fix anything... The only thing that you can do is threaten that when your lease is up you will move elsewhere. Because trust me they will fix everything nicely for the new tenants so why not you!! If this does not work than move to another apartment when your lease is up. I have lived in the same apartment for 20 years and they don't fix anything and so I know this and I fix everything myself. After being here for 8 years I received new carpet without asking and the carpet was not new when I moved in and now my carpet is real old and they do nothing. I have two choices which is to move or to fix it myself!

Quote:

Originally Posted by hansellkk

I have asked my landlord 3 times to fix some things in my apartment and they say if it is not major then the answer is no. The plaster and paint in the windows is chipping big time, and the carpet seems is coming up. they will not fix it, they say it is not major. but it looks shabby. I pay 610 a month for a two bedroom apartment. HELP:confused:

Note that your options might vary according to the local landlord / tenant statues. They may also vary according to the number of rental units served by the owner.

Take pictures of the problems. Use a camera with a time stamp function if available

Write a letter to the landlord politely requesting the problems be corrected. Keep a copy of the letter and the photos. Mail the letter using certified mail with return receipt. This will make it clear to the landlord that you are documenting the problem AND your request that it be corrected.

If the problems aren't addressed in about a month make inquiries about the procedures for having rent payment held in escrow by a local court for landlord breach of the lease. You may find information from a state or local government operated consumer affairs office or a consumer affairs reporter working for a local news media outlet.

In many jurisdictions breaches on the landlords part are not considered justification to withhold rent payments. In those areas you need an escrow order from the court or a order from the court dissolving the lease entirely (you would have to move).

If you take your case before a judge or other arbitrator be prepared with the original time stamped photos, your copy of the repair request letters, the certified and return request documentation and a new set of time stamped photos.

There might also be building code violations that would be subject to enforcement by a local codes and inspections department.

Note that you can pretty much forget about renewing the lease for another term, which you probably shouldn't consider anyway.

Chances are pretty good that chipping paint and carpet that "seems is coming up" won't be considered a major issue for many landlords. You could try paying into an escrow but most courts would not feel chipping paint is a breach of contract. Touch it up yourself and save the trouble.

The chipping paint and deteriorating plaster could be the result of moisture entering the wall near or around the window though. IF that is occurring it could contribute to deterioration of hidden components within the wall. When a water intrusion or plumbing problem might lead to continuing damage to the building the tenant might be obliged to promptly notify the landlord so that repairs can prevent further damage. It would be a good idea to be able to document when you notify the landlord about the problem in case they later claim notification would have allowed them to alleviate the water damage.

Include concerns that the problems near the window are a symptom of moisture that could damage the wood frame in the building's outer wall when notifying about those problems.

Documenting notice about the carpet could come in handy if the landlord tries to use it to withhold part of the deposit over it or the continuing damage to the edges that's sure to result. Hopefully the tenant made some wide angle pictures on the day they moved in.

I just moved int this house that I am renting.. for the first two months of us staying here we have had NO heat first half of the month No Hot water 3weeks and water sitting in our basement a month...