[nmartinez1]

I rent in a condo building, some owners rent their property and they live somewhere else. The situation is some tenants own and some rent, the renters pay rent to owner and owner pays the maitenace fees for water, heat, garbage pick, and cleaning the building. Yesterday the whole building got a note on the door from the super that come April 1st they will cut out our water, heat, and no garbage pick up due to owners not paying the maitenance fees, so these bills have not been paid, money due is in the thousands. My landlord pays maintenace fee as well as some others. My question is, can they do that? And if so what can we do to stop them from turning these important things off? Some families here have small children, and I have no where else to go in such short notice. And my other question is: can we legally deduct the maintenance fee from the rent give it to our landlord so he can pay the bills? Oh! Is there any human resource that can investigate and help pay the heating or water? Is there a program that can help up? Its 2 buildings being effected by non payment of landlords that live in cuchy homes and don't care about us. Please help as soon as possible, we have utill April 1st to do something before we get shut off. We have a meeting in Friday 3/19/10, I will like info by then. Thank you in advance.
Nm

NM

[excon]

We have a meeting in Friday 3/19/10, i will like info by then. thank you in advance.

Hello nm:

Keep in mind that, at this point in time, your relationship with the owner and/or the HOA is adversarial. Your communications with them should reflect that.

In the very first instance, if your utilities are turned off, that is a constructive eviction, and is ILLEGAL. What I don't know, is exactly WHO is going to be responsible for evicting you. So, I'd treat them BOTH the same.

I'd write them BOTH a certified letter informing them that if they proceed with their planned activity, you will move and sue them BOTH for unlawful eviction. Your landlord probably is broke and I'll bet you're a minute or two away from a foreclosure notice. Let's hope I'm wrong, and your letter will get him off the dime. If not, it should, at least, give the HOA warning that they're about to enter into a fight that's going to cost them some money. I'll bet they'll back off.

So, don't go into your meeting asking for stuff. Go in there DEMANDING stuff.

excon

[nmartinez1]

Thank you so much for your quick response. I think you are right about the foreclosure stuff, my landlord is cool and he is one of the few that pays all maintenance fee's. So I'm fighting for the other tenants that are not as lucky as me. I feel sorry for the landlords that do pay because all tenants are talking about just moving, I feel that we should all stay and fight together, but how do I fight if I don't know the laws? So I will tell them all what you said about the certified letter to dead beat landlords and the realestate company that's managing this building. Quick question: can I have the tenants deduct the maintenance fee from the rent and give it to our super or who ever manages this property to pay on the bill owed for April 1st and send balance of money to owner with certified letter stating

I WILL BE PAYING YOUR MAITENANCE FEE, AND DEDUCT IT FROM THE RENT MONEY UNTIL YOU ARE UP TO DATE WITH ALL MONEY YOU OWE ON MAITENANCE FEES AND ALL BILLS ARE PAID IN FULL.
Can that be done without anyone getting in trouble. I really don't know the bi laws here since I've only live here a year. This is a first for me.

Nm

[nmartinez1]

Oh! One more thing. Can Rent money be put on some kind of escrow until all bills are paid? I think that will push these dead beat landlord to start paying there fee's or they will lose rent money every month. It will be cheaper for them to pay the $200 or $300 maintenance fee than losing all the rent money.

Nilsa

[excon]

Can that be done without anyone getting in trouble.

Hello again, n:

No. It's not really the by laws you have to worry about. It's your lease and your state landlord tenant law. Only your landlord can evict you. The HOA cannot. Depending on the state you live in, withholding rent for ANY reason is not allowed, and you can be evicted for doing it.

excon

[nmartinez1]

Thank you , you have been very helpful..