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twinkiedooter · Jan 31, 2008, 02:21 PM

Sam you do have the option of putting your rent money in the Clerk's Registry pending repairs being made to the home. I assume FTL means Ft. Lauderdale. Go to the Broward County Courthouse and see the Clerk and fill out the paperwork there stating just what needs to be fixed. You'll get some great results out of Miss Rent You a Pile of ___. They will be more than happy to help you out. Take along your lease also. Landlord cannot evict you for non payment of the rent as you already paid the rent into the Court Registry. Keep your receipt in a safe place. Once repairs are made and the landlord proves they were made, then the Clerk distributes the money to the landlord.

SamInFTL · Jan 31, 2008, 02:42 PM

I love you TWINKIEDOOTER. YOU DO UNDERSTAND. THANKS. But I am not a mean man. I would have trouble doing that. That's MY PROBLEM!! I'M TOO NICE and she does not understand that... :o

ScottGem · Jan 31, 2008, 06:24 PM

Originally Posted by twinkiedooter

Sam you do have the option of putting your rent money in the Clerk's Registry pending repairs being made to the home.

This assumes that the repairs are necessary and applicable. The County is not going to allow rent to be withheld for spurious repairs.

twinkiedooter · Jan 31, 2008, 06:50 PM

Clerks don't generally ask too many questions they just handle the paperwork and notify the landlord accordingly.

Spurious - Synonyms 1. false, sham, bogus, mock, feigned, phony; meretricious, deceitful

I don't think that your repairs Sam would fall into the above definition as they sound necessary.

You could call the building department and ask them if the screened in patio needs to be properly screened in. And if it does then this is a necessary repair and it is not a false or bogus repair.

ScottGem · Jan 31, 2008, 07:21 PM

First, A screened in porch is not a necessity even in Florida. Unless the property description specifies one as an amenity of the rental, I doubt if it would be considered a necessary repair.

I also doubt if the that agency would act precipitously. I would assume, they would have a building inspector check to make sure the repairs are necessary before they withhold rent. Necessary repoairs would be one that makes the house uninhabitable. A creened in porch doesn't qualify. Neither does the lack of a clothes washer or dryer.

oneguyinohio · Jan 31, 2008, 07:51 PM

If you two can't work this out, I'm pretty certain you won't be getting the lease renewed in about 5 months Sam.

Sam, I know that you would like the property to be the way you want it, but this is not your property. If you do not like the conditions, you can either move, or perhaps spend your own money to fix things to your satisfaction... if given permission... but the owner does not have to pay for those alterations at all.

For example, you are unhappy with the way the dryer works. It is functioning but slower than you would like. If you believe that it will save you money to pay for a new element, as opposed to the electricity that it uses currently, then pay for the change yourself, but don't expect the owner to pay for something new when the old is functioning.

The repairs you are wanting seem as if they would require the owner to charge a lot more rent in order to supply them.

The trouble with renting is that you are not the owner, and I am sure you would take pride in maintaining a home if you did own it. I think that is the heart of the matter that is causing the riff between the two of you.

Now in fairness, If the owner is able to allow some discounts for your taking good care of the property, that would be beneficial to both of you. Perhaps, you can agree to a free month's rent at the end of the lease if you make certain improvements to better the condition of the property? That would be better than having the property sit empty while looking for a new tenant...

I'm not choosing sides in this, I just hope that you can both see the other's perspective and look at what is important to the other person. You both have different concerns, and hopefully those can be mutually resolved.

excon · Jan 31, 2008, 07:59 PM

Hello again:

We're back to he said/she said. That ain't going to get us anywhere. Look, it isn't a matter of who should have done what. At this point, who cares? You BOTH should have made better choices.

But that was then, and this is now. It's a matter of what will it take to keep the relationship going. If you insist on getting everything you want, Sam, then you're going to be looking for another place to live. If you, tara, are unwilling to part with some major cash and do it TODAY, then you're going to be looking for a new tenant - and that's going to be hard to do from NY.

It's in both of your interests to get this handled - TODAY.

So, I don't want to hear any more complaints! You don't want to make me mad, do you? I want to know, Sam, specifically what repairs you need done NOW - specifically, and how much it will cost. This ain't your wish list. That happens later. I know, I know, she should do more. Like I said, you knew that she wasn't great to begin with.

excon

Fr_Chuck · Jan 31, 2008, 08:03 PM

Yes, what happens is if they refuse to make the repairs, they go for eviction, and they prove in court the repairs were not needed, and out the person goes. That is why what exactly is promised in the lease is all that counts. I have had rentals with no screen windows at all, no storm doors, no screen proches, or screen just removed. Unless that is specifially listed it is not required. If I include a washing machine or dryer ( and I seldom do) I have it listed that I do not warranty them to work, and if they quit I have the option of taking them out, and they are only there at my option, for the benefit of the renter. And if not even listed, there is no requirement for them to be there.

But if the landlord does not want or care that the property is great looking, there is little a renter can do to force it. In the end, I would say that they should agree to just allow the renter to move out, and let him rent a place up to his standards ( which is what he should have done in the first place, since this place did not fall apart in a few months, it was obviously in this condition when he moved in)

twinkiedooter · Jan 31, 2008, 08:19 PM

It's up to the building and zoning people what is supposed to be there or not. You guys missed the boat about landlord tenant rights.

Remember retaliatory evictions are not looked at too kindly by the court and just because a tenant complains is not sufficient grounds for eviction.

I happily tap danced down to the Clerk of Court and put my rent into the Clerk's Registry due to a landlord not fixing some plumbing problem. I did not have any building inspector or anyone else come to the apartment and the Clerk did not ask a bunch of questions either. When the landlord made the repairs, he proved it to the court and he got his rent money. This was several years ago when I lived in Fort Lauderdale, Florida. I sincerely doubt if anything has changed since then. And no, my landlord did not evict me because I complained and put my rent money into the Registry.

Why are you so against this resolution and want to keep this legal remedy secret?

oneguyinohio · Jan 31, 2008, 08:23 PM

An owner has the option not to renew at the end of the lease without it being considered retaliatory. The complaint's are a reason for non-renewal. Not that any reason is necessary at the end of the lease.

twinkiedooter · Jan 31, 2008, 08:30 PM

One guy that is correct. Non renewal is not retaliatory.

ScottGem · Jan 31, 2008, 08:45 PM

We aren't talkng about eviction. We are talking about non-renewal. Maybe the plumbing problem you had was clearly creating an uninhabitable condition. It appears the problems Sam is referring to do not make the property uninhabitable. I really find it hard to believe that any agency would just force a landlord to make unnecessary repairs. Even if the agency would accept the payment, I'm sure the landlord has an option to protest the need for the repairs. Otherwise they would be denied due process which is unconstitutional.

tarafenton · Feb 1, 2008, 10:51 AM

Thanks you all again for your comments - good and bad I am open to all opinions.
I know that this is a he said/ she said situation and I really have no one else to consult in this issue with experience. I have tried my best and I am not cheap and unreasonable. I am going to get a property manager as many have suggested. Unfortunately I don't think I will ever be able to come to agreements with Sam as he sees me as a "poor misguided child ("following her dreams")" (first line of his email to me after he read that what I had posted here)

This is definitely not resolved, but I wish it would be, soon. It is taking a lot of my energy that I should be spending focusing on my dreams and concentrating on work.

JudyKayTee · Feb 1, 2008, 11:05 AM

Originally Posted by SamInFTL

no more of this crap. i'm done. there is a lease, have u not been reading these posts? the dryer is in the lease, as is usual. why do they allow slum lords on this group? too bad you don't live in NYC FR. they would have your head on a stick. have a great day.

Well, based on this exchange my "vote" goes to Tara -

I don't even want to read anything more from this guy; imagine trying to deal with him landlord to tenant?

(Gee, I lived in NYC and don't remember any heads on sticks - )

JudyKayTee · Feb 1, 2008, 11:11 AM

Originally Posted by ScottGem

We aren't talkng about eviction. We are talking about non-renewal. Maybe the plumbing problem you had was clearly creating an uninhabitable condition. It appears the problems Sam is referring to do not make the property uninhabitable. I really find it hard to believe that any agency would just force a landlord to make unnecessary repairs. Even if the agency would accept the payment, I'm sure the landlord has an option to protest the need for the repairs. Otherwise they would be denied due process which is unconstitutional.

Always the possibility the reports to Housing, Inspection will work for the landlord - I had a tenant - complain, complain, complain; call, call, call. Housing and Inspection got so fed up they RECOMMENDED that the tenant be evicted (not non-renewal, eviction) and actually testified in Court for me.

My tenant also felt that some things which did not seem vital to me were vital to him - and I think the screen on the patio comes under this category.

Also don't know Florida law (obviously) but in NYS what you see is what you get - some puffery is even allowed. Philosophy is look before you rent.

johns10 · Feb 1, 2008, 04:53 PM

Hey Sam in FTL,

To try and put this horse out of its misery, why don't you go around the house, list everything you think should be taken care of and send the info to Tara. See what she agrees to do and if you two adults can come to a resonable end to your issues. Remember compromise is very important, on both sides.