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triker · Jan 25, 2008, 04:54 PM

A property management is the landlord, termites were found and reported for something to be done. Nothing was done, has been over a nine month period, not only have they not responded to the problem, the tenant was told NOT to call anymore as there were other tenants with worse problems that needed fixed before there's. Now the was in the bathroom is falling apart where the plumbing is and water is coming out and the floor is soaked constantly, called the property management place over 2 months ago, no one has come to repair this and it is getting worse, called again and was told again not to call that others have worse problems than them. What can be done? I read that they can give 30 days notice in writing and vacate, big deal, they can do that anyway, is there anything they can do to force this property management place into"correcting" the problems without having to move?

twinkiedooter · Jan 25, 2008, 05:43 PM

Yes, contact the Building Enforcement agency in the City where you live. If these problems are not corrected within a short amount of time, the City will have the repairs done and bill the landlord. You can also call the local Health Department and complain that this is an unsanitary situation and is causing health problems. Call Building Enforcement first.

excon · Jan 26, 2008, 05:30 AM

Originally Posted by triker

is there anything they can do to force this property management place into"correcting" the problems without having to move?

Hello triker:

Not if you're just a month to month tenant.

excon

twinkiedooter · Jan 26, 2008, 04:20 PM

You have every right to a clean, safe living area. The landlord must be forced into repairing these problems. Contact the Building Enforcement people.

excon · Jan 26, 2008, 04:31 PM

Hello again, twink:

He absolutely has that right. And, the city certainly might force the landlord to act.

However, the question was can he force the landlord into acting WITHOUT being forced to move himself. I doubt the landlord will let him stay after being snitched off.

excon

twinkiedooter · Jan 26, 2008, 04:35 PM

Maybe he won't have to say who he is to get repairs done. I sure would not want termites in my living area! Or a Niagra Falls for a bathroom. That is horrible to have to live under those conditions. They can fight the eviction in court if landlord does try and let the judge decide who wins... the jerk for the landlord who won't fix a thing, or the tenant who just wants to have decent living conditons. It's going to be a tough call for sure but the judge will make a fair ruling.

excon · Jan 26, 2008, 04:57 PM

Hello again, twink:

You think the building department will take a complaint anonymously - I don't. Things don't work that way. In any case, I don't disagree with your diatribe about living conditions. That, however, isn't the issue.

If the tenant is a month to month tenant, he can be asked to vacate with 30 days notice. The landlord doesn't need a reason, and the tenant has no grounds to refuse. It's not a tough call for the judge - not even close.

excon

Fr_Chuck · Jan 26, 2008, 05:13 PM

Of course no anonymous call will even get written down,
So if you want something done you will have to do a personal complaint, most likely in writing.

But excon is correct, the landlord coul also decide they need you to move also.

twinkiedooter · Jan 26, 2008, 05:25 PM

Illegal Retaliatory Evictions - Findlaw for the Public -

The landlord cannot evict the tenant for having to get repairs done to the unit. This is a retaliatory eviction on the landlord's part and is illegal.

excon · Jan 26, 2008, 05:43 PM

Hello again, twink:

You're beating a dead horse here. The term "retaliatory eviction" refers to an EVICTION. This ISN'T an eviction. The tenancy has simply ended. It's over. 30 days notice is all the landlord is required to give. The landlord doesn't need a reason to end it - NONE. The tenant has NO grounds to refuse. He is a month to month tenant.

If the tenant had a LEASE, then things would be different, including my advice. But, that's the whole thing, he DOESN'T have a lease.

excon

ScottGem · Jan 26, 2008, 05:45 PM

So, 6 months down the road they terminate the lease.

As I read the OP, my immediate thought was why would they want to continue to live in a place like that? The best solution seems to be to move.

Aside to excon:
Failure to renew the lease would be considered retaliatory so even on amonth to month the tenant could make a case that termination was retaliatory. But as I said, the LL could just wait a few months. Or they could abandon the property or let it be condemned. If its in that badly in need of repair, the Building Dept could just decide to condemn it and they would have to move anyway.

Flying Blue Eagle · Jan 26, 2008, 06:14 PM

Triker, twinkiedooter,excon,FR_ chuck, - Around this area the landlord has 72 hours to make repairs, if he or she don't then the tennet can have repairs made, then deduct that from their rent . And land lord can't do anything about it. Good luck & GOD BLESS ( NO BODY NO MATER WHO IT IS SHOULD NOT HAVE TO LIVE IN THESE OR WORSE CONDITIONS) MAYBE That's WHAT IT WOULD Really TAKE< A JUDGE TO ORDER THE LANDLORD TO SPEND HIS Sentence Living IN SOMETHING LIKF THIS OR WORSE CONDITIONSFOR @ WEEKS OR ! MONTH!! :: F>B>E>

twinkiedooter · Jan 27, 2008, 04:35 PM

Thank you Scott.

Tenants have more rights than you'd even imagine.

Thanks Flying Blue for the insight about your area. I'm sure a lot more areas are like yours as well and the landlords cannot keep fluffing off tenants by telling them to just go away and stop calling.

wolfcandy2 · Jan 27, 2008, 04:37 PM

What needs to be done is to have the landlord move into that place and see what is going on ala the movie the super... maybe then the landlord will think twice and get things done