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lpnotary · Aug 21, 2010, 02:41 PM

We live in a house with our landlord... we live in the main house above the old garage, and she lives in an apartment made from the converted garage. Before we signed a lease we told her our concerns about privacy and peace and quite. She agreed and we put into the lease that we will take care of landscaping on our upper portion of the property. It is only two planters and rest is concrete.

About a month after we moved in the landlord starting to going to the property - it is also our outside laundry and storage room - without asking or notifying us first. She got caught about 4 times by me. I just politely asked her what she needed and reminded her that we take care of it ourselves... she would just give me 10 minute lecture on how to properly water plans... she still occasionally comes over there when we are not home. In June while we were at home... she was walking there with a complete stranger (contractor I think) she did not even knocked on the door to ask or notify us. Where is the privacy we are paying for? Last week a gardener was there... she was not home... he was telling me that she sent him over there... he was using OUR ladder!! The next day they were cutting down a tree... again, no one told me, I would make different plans... instead my laundry had to wait wet in the washer because of the dust and the noise was very loud!!

There is more... about a two month after we moved in a never ending construction started. At the beginning we were told that she was there living by herself... not true... her husband (they are suppose to live separately) comes over all the time, takes showers, does his laundry - we pay two thirds of utilities - when I told her about it she said he just works for her... yes he is doing something( storage under the house, storage outside... now he is building a patio) it takes for ever, there is loud noise of drills and saw and other tools most of the day... any time of the day, sometimes starts at 7:00 am, sometimes ends at 7:30pm, we need quiet, we have a two year old here. And if the noise is not enough - there is the dust and lots of it...

We want out of the lease, it ends in the end of December. We don't know what to do... please help!! I do not want to talk to her anymore. I just want to cry! Thank you for staying with me and reading this.

Emily94 · Aug 21, 2010, 02:59 PM

Try talking to her, tell her that she is invading your privacy and that you are wanting to move out. Tell her you'll give her X amount of money for the rest of the month or replace yourselves, try finding someone to take over the lease, around here a lot of people do it.

ScottGem · Aug 21, 2010, 03:12 PM

Do NOT talk to the landlady any longer. Send her a certified letter stating that you had expressed to her your concerns over privacy and quiet before signing the lease. Stating also that you put into the lease that you would take care of the landscaping to insure that privacy.

From here you have a choice. You can either tell her that any subsequent invasion of your privacy or disturbing of your peace will be considered a breach of the lease and you consider the lease terminated and you will be free to move. Or you can just tell her that all her abuses have breached the lease and that you will be moving as soon as you find a new place.

Emily94 · Aug 21, 2010, 04:21 PM

I always think talking goes far, but it depends on the situation I guess.

ScottGem · Aug 21, 2010, 04:53 PM

Originally Posted by Emily94

I always think talking goes far, but it depends on the situation I guess.

The problem is that the OP has been talking:

Originally Posted by lpnotary

We don't know what to do.....please help!!!!!! I do not want to talk to her anymore. I just want to cry! Thank you for staying with me and reading this.

The time for talking is clearly past. Now is the time for putting everything in writing.

Fr_Chuck · Aug 21, 2010, 05:13 PM

And I will disagree, I do not see any grounds for breaking the lease, she is in a yard ( I know upper) that is part of both properties, not inside the home.
The living conidition ( single, married or shacking up) I will bet on her part is not listed in the lease, thus her change to that would not effect the lease. ( unless it is listed)

Construction, the owner of a proper is allowed to do up keep and to add to the home. Is this construction on the "upper part" of another part

I agree you can try, but again the issue is if you do latter move claiming she breached, you don't know if you will win or lose till she sues and it goes to court. At this point with what little is written I go with landlord. Not that she is not a pain, and a lesson about living on same property as owner, but I don't see any breech

ScottGem · Aug 21, 2010, 05:19 PM

I don't disagree with Chuck, up to the point where you have a case if sued. Its certainly not a slam dunk, but I think you can win. Especially if you give her one more warning in writing.

excon · Aug 22, 2010, 07:50 AM

Hello I:

I don't know who will win or not. But, MAYBE if you write her the CERTIFIED letter, and maybe if you HAND deliver another copy, she'll get the message. Written CERTIFIED stuff scares people. They'll KNOW you got some legal advice, and that's GOOD. Let her sweat...

excon

lpnotary · Aug 23, 2010, 10:40 PM

Thank you all for your advice. I really appreciate this! Wish me luck.