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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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I am currently living in a privatly rented property. There are manty problems with the property and i recon if we had it inspected it may be condemmed,we have damp, drafts, none of the windows open, all 5 cottages still have one loft, the only heating we have is 2 radiatords run off a coal run back boiler which gives off no heat. we have written to the landlord many times asking if he will do the work which was origionally promised over a year ago but not heard anything, other than him accusing us of not paying rent, which we have. he is an old man and loosing his marbles. i was wondering what we can do? squtters rights or getting the work done and taking it out of the rent? but i wanted to know where we stand legally. i also know that he does not delare the properties so no one knows he has them.
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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Although he may not declare the rents for tax purposes, I assure you the county auditor knows he has the properties. He has to pay property taxes on them each 6 months.
As for the request for repairs, you did it in writing. Good! But did you send it by certified mail, return receipt requested? If not, send him the repair request again by this postal method. This method makes a record (a paper trail) that can be used to prove that you made the request and that he received it. Keep a copy of the request and keep the postcard that comes back that shows he got your letter. In the letter, ask that he contact you within 10 days to tell you when the repairs will be made. If he refuses the letter or fails to contact you, then call either the health department or the building inspector. Ask for an inspection of the property. Get a copy of their inspection report. This validates and proves that the repairs are needed. With these 3 papers (your request, the post card that shows he got the request, and the inspection report) you can prove that he is not meeting his obligations under the law. Take these 3 papers to the clerk of court and ask for their procedures (and permission) to rent withhold or to repair and deduct. You need to check with the court because of 2 things. 1) These procedures are not legal everywhere and the clerk will know what is legal in your area. and 2) You need to follow the court procedure to do these remedies in order to avoid being evicted unjustly. Each state has their own procedures and the clerk will know them. In rent withholding, the clerk usually either takes the rent herself or directs you to deposit it into a special bank account. The LL gets a slip saying the court has his rent. He can't evict you if the court has his rent! The slip tells him he can get his rent only if he repairs. If he wants his rent, he has no choice but to repair. Good luck. |
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