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    KSgonzo78's Avatar
    KSgonzo78 Posts: 3, Reputation: 1
    New Member
     
    #1

    May 1, 2007, 06:43 AM
    New landlord with old promises I WANT TO MOVE!
    Okay, here's the deal, I need advice ASAP and I don't know what to do! My husband and I are separated and going through a divorce. The house we lived in is up for foreclosure. I didn't know what to do and I met someone who was willing to help me out. He bought a foreclosed home and was fixing it up close to where I lived. He didn't do a credit check on me and asked if he could have my cabinets from the house I was living in because it was going to be foreclosed. I said sure and he didn't charge me for a security deposit. I was away for a week and he went into my house and took a lot more then the cabinets. He took toilets, a vanity even doors and doorknobs. But I'm saying to myself, "whatever, he kinda helped me out in a jam". Signed a lease for a yr and its said nothing about the things he took. He made promises about he outside of the house. He fixed up the inside but not outside because it was cold.
    Feb comes by and I asked about the outside and he said he would have it done. Now, the outside looks like a vacant lot (not joking). This house is the older wood siding which is rotting and moldy and the front yard has broken trees and stumps along with years of unraked leaves. I pay $1,230.00 in rent a month which is lot in this area and this house is small.
    A couple weeks later goes by and he mentions that he might sell this house. I asked about the outside and he says that it would be strictly up to the new owners if they want to do it. So now I'm getting upset and I said to him if its not done then I'm not staying. He tells me two weeks later that he is not selling and he's doing the outside soon.
    First week in April- everyone thinks I'm paying too much in rent for what I am getting and also thinks the landlord is taking advantage of me. I have a talk with him and ask him about what happens when I move? Do I get anything for the cabinets and everything you took. He basically said no because he did me a favor and he's taking a chance by not taking a security deposit from me. What? So now I'm :mad: . Oh, but says he's still doing the outside. Now I'm looking to move, screw the lease, I can't afford it here by myself anymore and I can prove that.
    Today, May 01. I get a note on my front door saying that my landlord no longer owns this house and for me to mail the check to a woman in NY. What?! I'm so furious right now and I don't know what to do. I doubt that the new owner knows about my belongings being here and the promises that were made to me or the carpenter ants that are infested behind the walls of my bedroom that are all over the place or the bathtub that is peeling because the owner did not want to replace the tub, he painted it (and my children bathe in it) and won't fix it until I'm away for a few days. Of course I took after pictures of what was done to the other house but I'm moving anyway. I was thinking about writing a letter to the new owner letting her know what's going on. How much time to I have If I do not pay rent? If I go to court, I clearly can not afford to live here (especially not getting child support for a couple months). I just need to know what should I do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    May 1, 2007, 06:52 AM
    First, you owned a house you and your ex lived in that was being foreclosed on? And you allowed someone to remove fixtures from that house? Are you aware that that was theft? I'm surprised the mortgage holder isn't going after you and your ex. If they haven't its probably because they haven't had the chance yet. If you didn't own that home, that makes it even worse.

    Now you don't say when your lease expires. Based on your time line you must have signed it towards the end of last year. I would send a letter to the new owner. Detail all the promises made to you about fixing up the property (don't mention the stolen fixtures). Detail the conditions that make the property unlivable. Give the new owner a time frame to start making repairs. If she doesn't, then you give notice that you consider the lease breached and you will move in 30 days.
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
    Full Member
     
    #3

    May 2, 2007, 05:47 PM
    Quote Originally Posted by KSgonzo78
    Okay, here's the deal, I need advice ASAP and I don't know what to do! My husband and I are separated and going through a divorce. The house we lived in is up for foreclosure. I didn't know what to do and I met someone who was willing to help me out. He bought a foreclosed home and was fixing it up close to where I lived. He didn't do a credit check on me and asked if he could have my cabinets from the house I was living in b/c it was going to be foreclosed. I said sure and he didn't charge me for a security deposit. I was away for a week and he went into my house and took alot more then the cabinets. He took toilets, a vanity even doors and doorknobs. But I'm saying to myself, "whatever, he kinda helped me out in a jam". Signed a lease for a yr and its said nothing about the things he took. He made promises about he outside of the house. He fixed up the inside but not outside b/c it was cold.
    Feb comes by and I asked about the outside and he said he would have it done. Now, the outside looks like a vacant lot (not joking). This house is the older wood siding which is rotting and moldy and the front yard has broken trees and stumps along with years of unraked leaves. I pay $1,230.00 in rent a month which is lot in this area and this house is small.
    A couple weeks later goes by and he mentions that he might sell this house. I asked about the outside and he says that it would be strictly up to the new owners if they want to do it. So now I'm getting upset and I said to him if its not done then I'm not staying. He tells me two weeks later that he is not selling and he's doing the outside soon.
    First week in April- everyone thinks I'm paying too much in rent for what I am getting and also thinks the landlord is taking advantage of me. I have a talk with him and ask him about what happens when I move? Do I get anything for the cabinets and everything you took. He basically said no b/c he did me a favor and he's taking a chance by not taking a security deposit from me. What? So now I'm :mad: . Oh, but says he's still doing the outside. Now I'm looking to move, screw the lease, I can't afford it here by myself anymore and I can prove that.
    Today, May 01. I get a note on my front door saying that my landlord no longer owns this house and for me to mail the check to a woman in NY. What?!? I'm so furious right now and I don't know what to do. I doubt that the new owner knows about my belongings being here and the promises that were made to me or the carpenter ants that are infested behind the walls of my bedroom that are all over the place or the bathtub that is peeling b/c the owner did not want to replace the tub, he painted it (and my children bathe in it) and won't fix it until I'm away for a few days. Of course I took after pictures of what was done to the other house but I'm moving anyway. I was thinking about writing a letter to the new owner letting her know what's going on. How much time to I have If I do not pay rent? If I go to court, I clearly can not afford to live here (especially not getting child support for a couple months). I just need to know what should I do?
    The new owner must have bought the house without ever going through it, or you would have been suspicious that a sale was eminent. First, make sure that the house was actually sold and that this isn't a scam. It would be a shame if you sent money to someone who didn't own the house and then the real landlord expected you to pay him as usual. Ask the "former" landlord if he did sell the property. I doubt the lease you signed documented any changes, repairs, cleanups he promised. Since it did not, they are now null and void. If the woman is the new owner, write a very nice letter telling her about some of the problems you are having and ask her to do the repairs. This probably isn't the time to just leave and rent elsewhere. If she is out of state, she most likely has a representative (management company, realtor or attorney) that is local. Someone local put the note on your door, right? If you leave before the lease is over, you are still responsible to pay for each month plus expenses to re-rent. If she files against you it will be on your credit report and it will be more difficult for you to rent elsewhere. Maybe she will be a more reliable and truthful landlord and things will work out. Why not send a few rent comps. To her and ask that your rent be brought in to line with other properties of equal value. It is worth a try.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    May 2, 2007, 06:19 PM
    Ok I will agree with both the other posters, you can't just go to your old house that was in foreclosure and take cabinets, tolitets, vaninity, doors and doorknobs, that is theft, because all of those are considered fixtures, even if you bougt them and added them to the home. Once they were screwed into the house the became part of the house. If they have not have the representitive for the mortgage company inspect the house it is most likely they will either be filing criminal charges or civil charges against you for the value of these items, you really need to discuss this with a local attorney as to what needs to be done about it.

    But again, if someone did buy this property, all the fixtures went with them, so they own the cabinets, sinks, vanity and more
    And of course by saying "whatever" you are part of the crime where before you would have just been guilty of stealing the cabinets

    On the outside, OK, it looked like a dump when you moved in, so the rent should have been cheaper to start with, you rented it and what it looks like outside has no bearing on being usable and has nothing to do with a rason to move out
    As for the leaves, you live there don't you, any of my tennants more there own yard and rake the yard, how often have you been out there raking and cleaning up the outside yourself.
    So you pay $1,230.00 in rent a month you agreed to it, why did you pay higher than normal rent in your area, why did you not rent something cheaper??
    And yes, since there was nothing in the written lease about any clean up even the old owner did not have to do it, and now that it is sold, the new owner does not have to, since it does not really effect the use of the home most likely.
    You got lied to, and you are upset but legally not much you can do

    And so why did not "everyone" who things you are paying too much, ( ever thought they are saying Poor you to make you happy and maybe shut you up when you compain about this to them ? But no one is taking advantage of you, this is the rent you agreed to, you made a poor business choice, it is no ones fault but your own,
    And of course what did you thnk the cabinets were for ? Of course the owner of the house they are installed in own them, you got the use of them, that is all. Since they were not really yours anyway to give

    I would go down to the county court house and be sure that someone bought the property, also check it with the old owner to be sure it was not some scam, but if there is a new owner, then they will be the ones you pay now.
    I am sure the new owner knows you are a renter, and that your belongings, couch, table, clothes are in her house. She is obligated to honor the orgianl lease you have. And yes unless the promises were in writing, she may not be aware, and is not obligated to do them.
    As for the ants, do you not get any bug spray,
    I would write a letter to the new owner, with your next rent check ( as long as they are the real new owner) of what needs to be done and the promises that have been made, do it very nicely.

    If you do not pay rent, they will just evict you. You can not refuse to pay rent. And if you go to court, they don't care you can't afford it, they care what the written lease is, and that you owe them money.

    So you contact the new owner, ask them to fix, and at the end of the lease if you are not happy move.

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