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jadestarre · Jan 17, 2007, 06:19 PM

Hi I moved into the house I live in with my husband and 4 children in July. I paid 1st and deposit and received a handwritten receipt. When we signed the lease the landlord promised to fix a huge 4 foot by 3 foot mold spot on the upstairs bathroom ceiling and in the basement. He also promised to build a fence. Paying the rent was set up initially to be picked up by him when I called. He specifically asked me not to send it to his home address due to "unsavory issues" at home. I paid August rent and September rent on time, but since he was difficult to get in touch with he picked them up from a designated area on my porch, and I did not get a receipt. I talked to him later and found out he had received them. In October I ran into a financial problem and made arrangements to pay later in the month. I called to tell him I had the money on or around the 15th and he made an appt to come and get it. He never showed up. I called him again and made another appt which he also did not show up for. I called and left him a message. A couple days later I again called and left another message. Then on the 8th of November I emailed him and he said he would come over and also fix the railing on a ledge outside my bdrm window that had dry rotted off. He never showed up, again. I have left him countless messages, emails and even tried to drive by his house, but he has moved out and it is up for sale. His phone either doesn't pick up, or I get a busy signal. His emails sometimes come back with an error, but not all the time. I don't know where he works or anything more about him.. I have not paid my rent since September. At this point if he does manage to drop by and ask for it, I will have to make payment arrangements until I can get caught up. Is there something else I can do? What about the house? I am at my wits end. It's not like he doesn't know where I live. Why would someone do this? I live in WA state in snohomish county. I am so confused... Please help.:confused:

excon · Jan 17, 2007, 08:06 PM

Hello Jade:

Well, it looks like YOUR problems happened at a very good time for you, because your landlord's problems appear to outweigh yours. Besides, I don't see too much of a problem. You've lived rent free for 5 months. That ain't too bad. It looks like your landlord has THE problem.

The bottom line is you're either going to have get caught up or move. It doesn't much look like you can catch up, so I'd be thinking about moving. Luckily, you're not being thrown out.

You ask "why would someone do this", as though something has been done to you. I don't think it has.

Yes, he might sue you for all the back rent. You DO owe it, but he doesn't sound like he's that together. Again, you're the lucky one, but don't push your luck. IF you stay, you're going to be evicted. Count on it.

excon

jadestarre · Jan 17, 2007, 08:14 PM

When I asked why someone would do this I meant why would they not care that they had money coming. I don't know about you but when I have income coming in, I tend to want it.. Doesn't everyone? And by the way I could catch up. I could pay the rent twice a month until it is paid. I don't have a boatload of money, but I'm not starving either. That's not to say it wouldn't hurt financially to do this, it would. I am honest and want to pay my bills, all of them... I was mostly looking for an idea of what steps to take next in finding him..
Plus I read somewhere that I can break my lease legally now because the landlord is guilty of breach of contract. I just don't want to do that. I suspect he's fallen on some difficult times, and don't want to add to them. Although, don't get me wrong, if I end up getting sued for the rent I owe, and he won't let me catch up, I will use this in court.

ScottGem · Jan 17, 2007, 08:16 PM

What you should do is deposit your rent into a saving account each month. Try to catch up by building up that account. Send a letter to landlord giving him a specific date to make the promised repairs. Advise him that if they are not made you use the rent money and have the repairs made yourself. If he doesn't respond then do that and keep your receipts. When he contacts you about paying rent again, pay ONLY with check or money order. When you catch up the rent you can pocket the interest earned by the account.

jadestarre · Jan 18, 2007, 02:09 PM

That would be a great idea but as you can see I have no address to send a letter to... I keep getting mail here for him. I can't send it to myself that would be redundant. However I think I will try doing the rest of your suggestions.
Thanks Scott. =)

ScottGem · Jan 19, 2007, 06:37 AM

If you don't have a mailing address, then e-mail him. Send the mails and call him in front of a witness who can back up that you made the attempt. But putting the rent into a separate account will go a long way to showing you held up your end.

jadestarre · Jan 21, 2007, 02:02 PM

Thanks I will try that.

Fr_Chuck · Jan 21, 2007, 04:03 PM

Something with all sorts of red flags, NO address, How do you even know he is the legal owner of the home ?

If you want to find him, go to the courhouse, look in the deeds or look at the tax records and see who is paying the taxes or who the owner is.

If you know his name, even do a person search online for him.

I would be concerned that something funny is going on with the home

jadestarre · Jan 27, 2007, 08:21 PM

Yes I thought of that already. He is listed as the owner of the house I live in.

excon · Jan 29, 2007, 01:26 PM

Originally Posted by jadestarre

I can take him to court for breach of contract due to his not fixing the bathroom among others.

Hello again, jade:

You've lived rent free for 5 months, and you want to take HIM to court?? Wow! Lady!

If you sued him, doncha think he's going to mention your rent?? And, if he did, doncha think he'd win a whole lot more bread than you, because he didn't fix the bathroom?? As, a matter of fact, you wouln't win a dime because he didn't fix the bathroom. How much did his not fixing the bathroom cost you? The answer is, NOTHING. Therefore, you ain't got nothing coming.

HE, on the other hand, is due 5 months rent.

Originally Posted by jadestarre

I'm so confused.

Yes, you are.

excon

excon · Jan 29, 2007, 08:26 PM

Hello jade:

People sue for breach of contract because one party broke an agreement and it cost the other party money. They sue for that money. Money damages are the ONLY thing courts grant.

Note - in a breach of contract law suit, the breach has ALREADY occurred. People don't sue to get out of a contract.

Until you understand the law better, you should stick to ASKING, instead of telling.

excon

LisaB4657 · Jan 29, 2007, 08:48 PM

I have a couple of degrees. I have extensive landlord experience. And the reason I haven't answered your question is because everything that excon told you is 100%, absolutely, exactly correct.

When you do not like the answer you've been given it is usually not a good idea to attack the person who gave it to you. Critiquing their analysis is acceptable but attacking their character is not.

excon · Jan 29, 2007, 08:50 PM

Originally Posted by jadestarre

Oh I wasn't asking for your help.

Hello again, jade:

Oh yes you did, Lady! You obviously know that I hang out around here because you've been reading all about me, and found out about my boyfriend, Bubba.

Ok, forget what I said and sue your landlord for letting you live rent free for 4 months. Bwa, ha ha ha. Silly girl.

excon