[Kerrison]

Hi guys-

Last week I asked a question regarding an 'emergency' eviction - where the landlords did not give me 30 days notice and wanted me out ASAP because I called them on their lack of sufficient running water in the building.

I have a follow up question now-


This year when I got my tax refund, I purchased a dishwasher for the apartment, having spent HOURS trying to wash dishes with the trickle of water. I made sure the washer was OK with low-flow water, etc. The landlords approved the purchase and installation, saying it was not a problem to install it. I agreed that whenever I would move out, they would either buy it off me or I'd take it with me.

So now that I'm LEAVING the property, I tried to unplug the dishwasher to find out that the landlords hard-wired the unit into their circuit breaker when they installed it while I was out of town on business.

This means that I would have to either cut live wire (not goona happen), hire an electrician, or abandon the unit in the apartment.


Please keep in mind that when it was installed, they KNEW I wanted to take it when I left, and I specifically said "please make it so I just have to unplug it from the wall" when their electrician friend came to help install the unit.

Today I provided the landlords with written notification that the unit needed to be unplugged immediately so I could leave ASAP- at their request.

They are claiming that they do not have sufficient notice to hire the electrician AND that I'd be responsible for the cost of the electrician AND the cost of a new cabinet to fill the hole the dishwasher is in.

Note: When they removed the cabinet to install the unit, they took the cabinet out w/o damaging it and took it to a construction site they were building a home at and installed the cabinet at that home so they wouldn't have to buy a cabinet for that home. They chose to remove the cabinet from the premises instead of leaving it for when I moved out.

Also: They REWIRED my dishwasher by hard-wiring it to the house. This is a permanent change. Their electrician removed the electrical plug from the unit and ran the condiut directly to the motor- this cannot be undone at this point unless I pay another electrician.


I have several options that I see--

1) Leave the dishwashing unit, and just let it go- which means I'm out a very costly dishwasher AND my security deposit (which I know I won't see- that's just how they are.)

2) Leave the dishwashing unit- do a stop-pay on my last rent check (to be cashed on the 29th) and write a 2nd check for the rent-due MINUS the fair-market (not replacement cost) value of the dishwashing unit.
(Ie: I owe 340 in rent, the unit was $200 but with 6 mo. Depreciation, I'd settle for $150- so I'd write the check for $190)

3) Hire an electrician to take the unit out ($75 an hour) and then be liable for any 'electrical problems' later to happen in that unit because I did not use the landlord's electrician.




I'd REALLY like to do option #2- but I don't know what the legal ramifications of this would be.

I do have proof (somewhere) that I purchase the dishwasher. I used a check card, bought from best buy w/ my rewards card, so I'm SURE I could trace it someway if I needed to.

I just feel that since *I* bought it and they did not ask before hard-wiring it, (and since that is a permanent change and permanently installs it to the unit) that I should be given the fair-market value of the unit.


Does anyone have any thoughts here? I'd really appreciate some comments!

Thanks,
Kerry

[excon]

Hello Kerry:

You say they KNEW that you wanted to take your dw with you, but you didn't get it in writing, did you? So, I'll bet they forget what they KNEW. In most instances, if you make any "permanent" changes to the structure, the changes belong to the landlord. That could be why all of a sudden the dw is "permanently" installed...

NO, you cannot stop payment on a check. STOP arguing with your landlords. You can't win. You CAN win in court. Hire the electrician and TAKE your dw with you. Read your landlord/tenant law here on this forum, and when and if your landlord doesn't send your deposit back, SUE HIM.

excon

[Kerrison]

HI excon:

In most instances, if you make any "permanent" changes to the structure, the changes belong to the landlord.

But *I* did not make the permanent change-- THEY Did are the ones who made the permanent change to something that belongs to me. Think of it as if they took your big-screen TV and built a wall around it (even though you said "please don't do that!) so you could not remove it when you left.

Your property is now suddenly unable to be removed from the premises through no fault of your own. Shouldn't you be compensated for it or be able to remove it?

((Also, I asked for all this in writing- they refused because then they'd have to pay taxes on renting the unit out. I was moving out of a verbally abusive home and didn't want to rock the boat because I had no where else to go so I did not push the 'write it down' thing. Yes, my fault on not pushing it.))

Read your landlord/tenant law here on this forum, and when and if your landlord doesn't send your deposit back, SUE HIM.

I did some reading and apparently the landlord/tenant law does NOT apply to them in this state because they rent fewer than 10 units. There is no law applying to them according to the Virginia Residential Landlord and Tenant Act (VRLTA) because they rent so few units (just 2)

Couldn't this work to my favor to say that since they don't qualify for VRLTA standards, then neither do I as a tenant and therefore do not have to pay rent to an escrow account, etc, until they fix the problem??


I know this sounds petty- but I do not have the time or the $$ to be taking them to court (and they know that.) I travel for work and I am never home and handling this is going to cause lost wages which I cannot afford.


I just feel like I'm being REALLY taken advantage of. Yes, I should have gotten it in writing but they refused and I had no where else to go.

WHY do they have the right to make alterations to something that is not their property and then refuse to release it when I leave?? It wasn't theirs to be altering in the first place!! And now they are holding it hostage it seems.

Other than suing them, there's REALLY nothing I can do?

[Fr_Chuck]

Yes landlord tenant laws apply to any landlord, only some laws do not apply to smaller unit rental.

You also can merely turn the breaker off and disconnect the wire from the diswasher, once the breaker is turned off to the unit it stops the electric.

If you don't have the time to take them to court, then you don't need your money that bad, that is the basic jest of things.

[Kerrison]

FR_chuck--

They have hardwired the dishwasher to the circuit breaker (ie goes into the back of the breaker- would have to take the breaker off -- and I am NOT qualified for that)

Its not that I don't have time personally it's that if I take more time off to deal with this, I will lose my job.

[excon]

Also, I asked for all this in writing- they refused b/c then they'd have to pay taxes on renting the unit out......WHY do they have the right to make alterations

Hello again, Kerry:

We have to back up a few steps...

This ISN'T about the law. It's about the way people do business. You assume that because the law says certain things, that automatically people will DO those certain things - because that's the law. Well, in the real world, people do whatever the hell they want if they can get away with it.

I run into people like that ALL the time. They're everywhere. But, it's cool, because I'M NOT one of those people. If I find myself doing business with one of them, I'M going to manage the situation so that I'M protected under the law. If I can't, I walk away.

What I DON'T do, is let them have their way and leave myself vulnerable.

YOU need to learn to do business so that the business you do benefits YOU. Personally, I don't care if some other party doesn't want to memorialize our dealings on paper, so I'LL be the one to create the paper. That's better, because I can make the paper say ANYTHING I want it to - advantage ME!

Here's what I suggest. In your business life, do EVERYTHING as though it will eventually be looked at through a judges eyes. In today's litigious society, many of them will.

Next. Please don't argue with me. I'm just the messenger. I didn't write the law. It doesn't say anything about WHO makes these additions permanent. The law just says that anything permanent belongs to the landlord. Ok, so THEY'RE the ones who did it. COOL!

But, I don't care. Clearly, they don't care. The only one who cares is going to be a judge.

Which brings me to the next part. Small claims court is quick, cheap and easy. If you think otherwise, you're misinformed.

And, finally. Most landlords in Virginia, other than apartment owners, are people who own one or maybe two houses that they rent out. From what you're telling me, NONE of those landlords have to obey landlord/tenant law.

I don't believe it. I couldn't find any reference to it. Unless you can show me exactly where I need to go to read that part of the law, I'm going to trust MY research.

Don't lay down for these people. That's the only way they'll get away with your money.

excon

[Fr_Chuck]

If the wire is attached to a breaker, you turn the breaker off, then there is no powerr to the washer. Try it, turn the main breaker of the apartment off, there is now no power what to ever to anything in the apartment, you can now disconnect the wire from the washer ( not the breaker)
Or have a friend do it, I am sorry I guess maybe it just because I know how and it is so siimple I can't believe someone can't do it.

This is your two choices, move and sue them, or take it with you, there is no third choice at this point.

Next of course I did not go back to the original posts to see why you are being evicted,

[ScottGem]

You have nothing in writing other than proof that you purchased the DW. But Chuck is correct here. All you need do is turn off the breaker or even the main, then all you need do disconnect the wire from DW. It should be just a couple of screws. Even if you just cut the wire and wrap the end in electrical tape, you could do it that way. Either way it should not be difficult to disconnect the wire from the DW.

Also excon makes a valid point. These people don't appear to care about obeying the law. They would rather see how much they can get away with. You need to learn to protect yourself.

[Kerrison]

Thank you guys.

Con- I wasn't trying to argue, I just wanted to make sure I was clear in my statement. I apologize if it came off as argumentative.

And yes, this has been a really nasty life lesson for me. Believe it or not, I'm REALLY anal when it comes to business practices and having everything signed/dated/etc. I just did not think people were this dishonest when it comes to other stuff... stupid me.

I can research the law all day long, but w/o contacting an attourney, I don't know what I can DO about it. I have a hard time imagining people contact attournies for such 'little' things like this. *shrug*

I guess its my personality- if someone said to me "This is the law. You broke it, we're calling you out on it. Fix it or go to court" Then I'd research to make sure it is truly the law... and then I'd fix it- I have no desire to go to court even if I AM right.

Also I suppose its because I'm a fairly honest person; people acting like this, trying to take what isn't theirs, is just a foreign concept to me.

And here is the code from the VRLTA:
10. Occupancy in single-family residences where the owner(s) are natural persons or their estates who own in their own name no more than ten single-family residences subject to a rental agreement; or in the case of condominium units or single-family residences located in any city or in any county having either the urban county executive form or county manager plan of government, no more than four.

This is listed under § 55-248.5. Exemptions; exception to exemption. which discusses who is exempt from the guidelines of the VRLTA.

It can be found here: LIS > Code of Virginia > 55-248.5


Thank you all for your time; I appreciate the 2nd (and 3rd and 4th) opinions as I am dealing with this. Having someone else to bounce ideas off is very helpful.

Again, Thank you all.