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Re: Tenant rights (long) Posted by Justin VanAbrahams [Email]  (#32) [Profile/Gallery]
(more from Justin VanAbrahams) on Wed, 14 Sep 2011 15:59:09
In Reply to: Tenant rights (long), Bcharliek, Wed, 14 Sep 2011 09:00:07 Members do not see ads below this line. - Help Keep This Site Online - Signup |
Like Bruce said, rental law varies widely from area to area. You need to check local law to see what applies to your situation. Fortunately, broad state laws are documented pretty thoroughly by sites like hud.gov, findlaw.com, rentlaw.net, and one other very useful site I cannot remember at the moment.
If you were in California, this person would be *strung up* for these infractions - leaky windows = illegal, fallen tree = illegal, withholding deposit without a paper accounting = illegal, not cleaning up garbage = illegal. I am not sure where the requirement to have the correct type of insurance would fall in California, but at the very least she would be dropped instantly by her insurance, and possibly end up with a defaulted loan.
Again, in California, you would be able to go after her for damages: Loss of use of the driveway (but possibly not for loss of the car), damage to your possessions, and costs associated with those activities. You have to prove that you reasonably notified her of these conditions and that she failed to take action. For example, since you asked her to deal with the tree she would be required to do so. If you did not tell her the window(s) leaked, you can't go after her for damages later on.
As others mentioned, small claims is rough. You need to pay various fees to sue her, and once you have a judgment against her you have no legal way of actually making her pay. You'd need to go back a second time, after she has failed to pay, to get any sort of enforcement. It's a really tough game to play, for sure.
Personally, I would nail her ass to the wall. It'll be some time and effort on your part, but taking her out of this business is a public service. You are in all in all good shape, but the next person to fall victim to her predatory ways may not end up so.
FWIW, CT's simple guidelines are:
1. Obey all building and housing codes of the state and city that deal with health and safety.
2. Make all repairs in order to keep your apartment in a fit and livable condition. You must pay the landlord back if your family or guests cause damage that is more than normal wear and tear.
3. Keep all common areas clean and safe. Common areas include driveway, yard, halls and laundry rooms.
4. Keep all electrical, plumbing, heating, ventilating, and other facilities and appliances supplied by the landlord, including elevators, in good and safe working order.
5. Provide containers for trash and arrange for its removal.
6. Supply running water and, in most cases, a working furnace (or other source of heat) and water heater.
7. Repair cracked, chipped, flaking or peeling paint that is dangerous to your health. Remove paint that contains illegal amounts of lead. (Call your Health Department for an inspection.) See our article, Lead Poisoning.
8. If your landlord fails to do these things, you have a right to pay your rent into court and to ask for a rent refund. See the article, Tenants’ Rights: Repairs. Do not stop paying your rent on your own.
She has clearly failed on a number of accounts.
posted by 12.195.130...
, Wed, 14 Sep 2011 18:23:46, Wed, 14 Sep 2011 15:59:09 <-- Viewing This Message
, Wed, 14 Sep 2011 11:36:02, Wed, 14 Sep 2011 14:50:59
, Wed, 14 Sep 2011 09:51:15, Wed, 14 Sep 2011 11:26:32
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