Landlord Problems

[eagl]

Oh yea...  If you have a gun and someone you don't recognize is in the apartment and you feel threatened (the guy is bigger than you, has anything in his hand that could be used as a weapon, takes a step towards you), feel free to shoot to kill.  You may want to check the state laws in your place but even in Calif, if the guy is in your house walking towards you he's fair game.

If it's the landlord coming at you in the house, you'll probably need more justification to shoot though since you know him and a jury might feel that you have no reason to feel truly threatened by a landlord you know, even if that landlord is guilty of a home invasion.

[ZetaNine]

smoe...I won't dispense legal advice on the internet, but I will offer up a few thoughts for you....


1)  you're entitled to what is called "quiet enjoyment of your premises".  he cannot continually harass you.

2)  there's no way anyone here is qualified to offer you sound advice, without reading your original lease, and any subsequent written agreements. depending upon how the original 10 month lease was drafted, he may have every right to inspect your property, although typically he should provide you with at least a 24 hour notice...and that cannot be excessive.

3)  you should contact and retain an attorney...to help you mitigate your damages.. if any..in getting you out and away from this very tenuous situation.  

typically....tenants have the protections of law on their sides...but the real power still belongs to the landlord.  they can find ways of making your life miserable...if full accordance with the law.

you were fine with a month to month.  consider it notice and move on.

[smoe]

FYI -

I am not saying my landlord is bad or that the house is horrible. I have been renting for 20 years with at least 10 landlords in that time. This landlord wants me to stay, but I believe his wife is making him do her dirty work. The problem is they are way too neighborly and seem to know way too much, if you know what I mean. I will admit that I do everything to avoid talking them, for example, the landlord tried to get me to sign up for a magazine subscription which is anti-government/anti-freemason. He definitely has a problem with freemasons.

The landlord is also pretty lazy and is not a fixit type of guy. When I moved in the toilet leaked about 2 gallons of water/hour. I tried for two months to have him fix. I finally fixed it myself and spent 4 afternoons. It turned out to be an easy fix, but took a long time because I never worked on this type of toilet before. The toilet is 60 years old.

Another example is the septic system. The septic system warning lights and audible alarm were tripping daily when I moved in. I told the landlord about this and he said the outlet to the septic probably needs snaked (cleaned out). As far as I know the he never took any action to clear the blockage. I have never lived in a house with a septic sewer system out back and this is my first time. Every place before has always had city sewer drainage systems and not the backyard septic thing. As a matter of fact the landlord showed me where the septic sewer system drains into. I have a steep wooded hill behind my house about 40-50 feet deep with a city storm drain at the bottom. A 4” (100mm) flexible drain pipe is running about halfway down the hill. All (or most of) the waste water from my house drains down this pipe.

Another kicker about the septic system happened about 6 months ago. The control box warning lights were all lit up one day. I take a closer look and one of the push-in circuit breakers was tripped, probably a short to ground. I reset the circuit breaker and each time it trips again after 1-2 seconds. I let the landlord know what’s going on. All the landlord did was to disconnect the septic system’s electrical power. The septic system has been de-energized for about 6 months now. The system has grinder pump that pumps the waste water into septic, but because of no power I can only guess the waste water is dumping directly into the city storm drain somewhere.

PS. Thanks ZetaNine, that's exactly what I was thinking of myself. I have a lot of things going on right now (family, work, possible career change, and now this landlord). I would be happy to sign a 6 month lease, but this house is very damp in the summer and no air conditioning to help reduce the humidity. All throughout 2011 about a liter of water leaked into the basement daily. This house does have its share of white and black mold growth. I have never had darker circles under my eyes in my life.

[Masherbrum]

Hes looking to maintain his home, and also wants to make sure that your taken care of so that he can go to Florida?

Quote  "The landlord leaves another voice message about 2-3 hours later, “hey so and so, I just want to talk with you, I want you sign an extended lease so I can go to Florida and not have to worry about coming back home in case you leave.”
 
Not sure what the problem is. Honestly, your comming across as the problem,  not the landlord.



The fact that it got escalated to the point that Law Enforcement was called is rediculous, those guys have better things to do then mediate something that could be discussed like adults over a cup of coffee.

Day #12 and on would have never have happened if you would have just discussed things with him, and looked at things from his point of view as well as yours.

I come from the point of view of having been a tenant in the past, and also currently own 2 rental properties. Ill usually invite my new tenant to dinner after he / she / they are all moved in, it helps to get to know the person, as well as gives the person a chance to get to know us. Heck, i still get Christmas cards from 2 or 3 of my last tenants, and would go out of my way to help them should they need it.

All that said, I dont agree with him coming in or skulking around ur house without your permission........I hope it all works out for you

This post was almost what I was going to type.    Bailey saved me some work.   Also, maybe he wanted to discuss your vacating the premises, however you ignored him.   On top of it, involved LEO's.

[Maverick]

There are mistakes on both sides of this issue. At this point, actually pretty darn early on, it became a situation where you really need to find another place. It's obvious that you went to tactical nuke on him prematurely in the lease situation. Now you have your order to vacate which is what you wanted. So vacate the premises and put it behind you. From your description it sound like you and the landlord didn't along to begin with and the place is no basket of roses either.

You might want to let the country health department know about the mold issues the day you leave. Other than that, pack your stuff up and get out. Send a letter to the landlord advising him to cease and desist on any modifications to the house that are not necessary to habitation until you leave at the end of the lease time period. This situation is already poisoned beyond salvaging in regards to maintaining an active lease between the two of you.

[smoe]

You can bet the window installers are going to bust out the old windows and claim they can't fix them, or fiddle with them for hours or even days, in an attempt to make the place unlivable.

I suggest going for a restraining order immediately, before the window guys get there.  The 48 hr notice is for access to the property, not notice that they're going to do major renovation work.  The old lease may have restrictions on renovations/repairs during occupancy.

In any case, find a cheap lawyer to get you a restraining order against the owner and his agents, for the remaining duration of the lease.  And then get out of the apartment by the vacate date.  Call 2 or 3 lawyers to get their price for a restraining order and to find out how fast they can do it since the window guys are supposed to show up soon.

As for what to do if the window guys show up, call the cops and give them "access" (let them in the door with the cops there) but do not let them perform any work.  That isn't access, that is performing renovations.

Yes, that is good advice thanks!

I just left my landlord a message to hold off doing any work do to the recent past. He got the quote for the windows more than 5 months ago and decided now to have them installed.

[MaSonZ]

a 10 month lease, and in 5 months hes harrasing you to get out when you've been nothing but good? Get a lawyer as been suggested.


Also, as also been stated if he enters premesis without first notifying you within a certain time period it is a criminal offense. I know in MA the landlord can enter whenever they please unless the lease agreement has stated otherwise, I dpn't know about Ohio, but check that. If the lease says anything about him notifying you first within a certain time period before entering and you can provide proof of this, it is a violation of the lease on his part.

Did you get the officers names that came when you called? They may be able to vouch about suspicious activity on the landlord the first time they came when he followed you inside after you just told him you were ok.

Yes, that is good advice thanks!

I just left my landlord a message to hold off doing any work do to the recent past. He got the quote for the windows more than 5 months ago and decided now to have them installed.

also very odd. this landlord is a strange dude I would get away from ASAP......

[pembquist]

a 10 month lease, and in 5 months hes harrasing you to get out when you've been nothing but good? Get a lawyer as been suggested.

Wait, thats not what he said.  His 10 month lease expired and he has 5 months of month to month tenancy.  The landlord wanted him to stay but the tenant doesn't want to sign another lease.  On paper I can't see what the problem is, I am guessing that something is not coming across in this description, I'm guessing that the landlord is a boundary crosser and the tenant feels harassed.  The stuff about the Masons suggests maybe the landlord is a bit of a fruitloop.  From the basic description of the situation I don't get the calling the cops so I'm guessing more is going on that is hard to describe.  Anyway like I said its gonna be behind you real soon so look forward not back.  Good luck and don't bother with all this lawyer crap, who needs that kind of pissing match, its not worth it.

[infowars]

Dude just talk to the guy...!!!  This seem really dumb.

Listen to his plan agree or not.  Why ignore him when he knows you're home?  That's really immature and childish.

Then you people talking getting guns and attorneys wtf... 

You're ignoring your neighbor/landlord and he probably thought maybe friends.

[DREDIOCK]

according to my understanding of NJ law and from being in the kind of business that gets called upon to do repairs on homes and rentals. I have several and have had quite a few customers over the years who are landlords. But Your state may vary.

The landlord can go on the property anytime he likes. He or repairmen authorized by him may not however enter the dwelling itself  without 24 hours notice except for emergency repairs. In which case he doesnt need to give any notice whatsoever. Breezeways, Indoor hallways or stairways outside of your apt he or repairmen who are authorized by him can enter at any time. Locked or not.

If he has given you the proper notice. You do not have the choice of telling him not to enter, or not to have said work done. In fact. Not only cant you. But it would be illegal for him to not have certain work done as one of my customers recently found out.(though I did try to tell her)

On month to month leases. He may terminate your lease during any given month. In which case you do not have the right to lounge there for 30-90 days. Though it may take him that long to get you out if he goes the legal route. Thats one of the the tradeoffs to going month to month. You sacrifice the security of knowing where you are going o live next month. For the freedom to move out whenever you like.

He also has the right to insist on a longer term lease once you have entered a month to month. Month to month is not intended to be indefinate.


I agree with mbailey
Either sign the long term lease. or move out.

To the idiot that suggested arming yourself and shooting.
Bad advise.

[DREDIOCK]

Yes, that is good advice thanks!

I just left my landlord a message to hold off doing any work do to the recent past. He got the quote for the windows more than 5 months ago and decided now to have them installed.

Provided he has given you notice. You dont have the right to tell him to hold off on doing any type of repair work. If he does so it is purely at his own discretion and as a courtesy to you.

[smoe]

Wait, thats not what he said.  His 10 month lease expired and he has 5 months of month to month tenancy.  The landlord wanted him to stay but the tenant doesn't want to sign another lease.  On paper I can't see what the problem is, I am guessing that something is not coming across in this description, I'm guessing that the landlord is a boundary crosser and the tenant feels harassed.  The stuff about the Masons suggests maybe the landlord is a bit of a fruitloop.  From the basic description of the situation I don't get the calling the cops so I'm guessing more is going on that is hard to describe.  Anyway like I said its gonna be behind you real soon so look forward not back.  Good luck and don't bother with all this lawyer crap, who needs that kind of pissing match, its not worth it.

I believe it may be wifey issue. Last time I paid rent, the wife answered the door and invited me in and I said thanks, I'm good, and by. It's hard to escape that place when inside. The landlord also has told me of another tenant that is willing to sign a 2-year lease for more money. I am starting to think I may have been too good of a tenant. I'll have to start being less good in the future.

Here is the other scenario, my landlord has a daughter and son-in-law living directly across the street, just like the show "Everyone Loves Raymond." There are also two grandkids in college and they appear to be living in both houses (both parents and grandparents). What I suspect is the entire family wants the landlord (J. Ab***am of zip code 44022) to go vacation down in South Florida for as long as possible. Can you guess why? Unfortunately, with me being on a month-to-month lease I only need to give a 30-day notice before I vacate. I suspect my landlord may not be interested in going to Florida anyway and doesn't want to tick-off the wifey. Last year, while I was in the 10-month lease the landlord's wife went to Florida twice and the landlord stayed home the entire time.

Also, it actually started just under 2 weeks ago.

[cpxxx]

As both a landlord and a renter. I can see both sides here. My wife and I own two properties which we rent out and we rent a house from my wife's sister. Of course we have no trouble with our landlord but we have had problems with some tenants. Even though quite frankly we are very considerate landlords.

I really think you need to step back here, before it escalates. Even the normally sensible Eagl is suggested you would be within your rights to shoot the landlord if he crosses the line again. Now that's crazy. Sure he was out of line to try and get into the house but killing him won't solve your problem.

I don't think you've made it clear yet. Do you want to stay or go? If you want to go, then go. If you want to stay you need to sit down and talk the landlord perhaps with a mediator. I don't know what it's like in your State but in this country there is a tenants  organisation and a government agency we can approach.

There definitely needs to be a bit of cooling off on this one. Organise a meet at a neutral venue with your mediator. Find out exactly what he wants and tell him what you want. See how it goes from there.

You really need to take the heat out of this.

[grizz441]

Poor communication by both parties.  Cops getting called x2 is absurd.

[Dragon]

As a landlord, I understand yours and his issues.  My house is a 10 min drive away and I occasionally call and ask to stop by just to say hi.  The tenant always accepts. 

I'm not 70 years old, but the tenants and I have become friends in the last 11 months.  This summer we will prolly do some cook outs together.  It sounds to me like he want to befriend you and secure his property.  What he did was wrong, but you pulled the dick card first.


If the window team shows up, you should let them in, but to the basement only.