My landlord just wants to make a profit

[kaija_maria]

My boyfriend, son, and I moved into a house almost a year ago, and the landlord has made it very difficult for us. He never helps us with repairs and he left the house for us in extremely poor condition. Before we moved in, the house was broken into and it was torn to shreds. There was garbage everywhere, mice, spiders, rac**** tracks, two-year-old moldy food in the refrigerator, and the water and electricity didn't work. In the master bedroom, one of the windows was broken out, so he put put in a piece of plexi-glass. There was no opening windows in that room, therefore no fire escapes. He insists we pay him $800 a month and says that "it's a good deal," even though we have to pay thousands of dollars on repairs. He offered to pay for the repairs himself, but he doesn't have a job, and every time we try to ask him to pay for something, he'd tell us that we should just tough it out and use all the old stuff. He didn't want us to tear out the old moldy carpets and curtains or paint the inside of the house. He doesn't want us to call the fumigators and there are huge wood ants that bite us and are eating the foundation. I'm sure he is violating many of our rights and responsibilities of a landlord. He has never even laid a finger on this property since his mother passed away two years ago. We love this house, it is absolutely beautiful. It was built by an artist and it's placed in a lovely place in the forest. We really don't want to have to give it up, but we can't afford to pay rent AND pay for all the repairs.

Why is he allowed to bend all the rules, but we aren't? Isn't that some kind of double-standard?

If you have time, you should take a look at this link so you can see just how awful this house looked:

http://www.geocities.com/man_eating_...m/kitchen1.jpg

Anyone have any suggestions about what we should do? HELP!

[OHlandlord]

I just have to ask, "Why did you accept the house in that condition????" You had to know from the look of it that he would not repair, that he had no plans to clean it. Why would you accept the place in that shape? Especially for a small child? No doubt, since you accepted it in that condition, you took the place as is. You accepted the fact that you would have to clean it up before you could live there. The good news, if any, is that you are free to leave the place as it was when you moved in (upon vacating) since you have photos to prove move-in condition.

You accepted it with moldy carpeting and plexiglass windows. Since you accepted it as is, you cannot change out the carpet, curtains, or paint it now. (You can actually change the curtains, but save the old ones to replace when you leave, and you can have the carpets cleaned.) He can charge you with breaking your lease if you do make changes, and subtract any costs from your deposit when you leave. You cannot make alterations to his property without his consent. So you're stuck with that carpet and that paint job. Don't change them unless you want to face the violations for it and any consequences of that (possible eviction).

This does not mean he doesn't have a duty to make needed repairs. Write a letter to him stating what repairs are needed (only the necessary items) and send it to him by certified mail, return receipt requested. Keep a copy for yourself and put the postcard with your copy of the letter when it comes back. You may be responsible for pest infestations in some areas. Some states allow the owner to make the tenants in a single family house responsible for pest control. This depends on your state law and your written agreement. He does not have to paint, change carpet, or provide window coverings anywhere. So forget about these things. But he can be made to correct the window problem, along with any electric or water problems. He can be made to corrrect any habitability repairs.

If he fails to repair within 30 days of receiving that letter, please post your state. You may have the right to repair and deduct or rent withhold, depending on the item needing repair and your state laws. Do NOT do these before you get more state specific advice as these remedies are not legal in all states. In those states that do have these remedies available to you, there are specific procedures you must follow to protect yourself from eviction. Please post your state and more info about what repairs are needed.

I would think that also violates health codes in almost any city??

What violates the health codes? A musty old carpet? Nope. If there is not documented authoritative proof of mold in it or anywhere else, it is just hearsay. Water and electric problems? Possibly, but contacting the code inspector before contacting the LL to repair can get you into hot water with judges. (Voids your case against the LL because you failed to give him a chance to repair.) The dirty house? Nope. The tenant agreed to accept it in that condition. If tenant didn't agreed to it, she would never have accepted possession of the unit in that shape. The plexiglass window? Possibly, but older houses are sometimes grandfathered in under the old laws and don't have to meet new code. Exactly what do you believe violated health codes?

Thanks, but no thanks for your help. This board sucks.

The reason we took the house is because it's a big, beautiful house and there are 22 acres surrounding it.

He told us he would help us clean it, and I ALSO thought that he would come here more to help us, but no, he's a loser... just like most people apparently.

There wasn't just a "moldy carpet." The damages were much more extensive than that, and he fell through on every promise he made us... but oh well.. who cares.. this is just a stupid internet board anyways.