posted
I recently moved into a new apt. It's pretty a good price, in a great neighborhood and it's got a pool. The only problem is that the owner basically refuses to give the property managers any money to fix the things that go wrong.
There's been a leak either in the wall or the apt above mine for about three weeks now. My bathroom ceiling has large patches of mold, the drywall behind my sink is warped and yellow and comes away to the touch, I found a mushroom two inches tall growing in the middle of my bathroom floor! It's worse for the neighbor who shares a wall with me. She's got water on her floor constantly, her carpet is soaked all the time, it reeks of mildew in her apt. The first leak was about three weeks ago, and about one week ago it got to the condition it's in now.
We have both talked to the mgr multiple times. Often the answer is "I don't know." More often I don't get a call back. I don't blame the mgr, he's a sweet old man who can barely hear. I blame the owner who obviously won't pay to fix the place.
On top of that there is a history of the owner strong arming people out of their apts after they complain to an inspector. The owner has been fined, multiple times, but the complainant is never in the apt for more than a few months after that. If he can't force them out, then he definitely won't renew the six month lease. I've also been told that the owner is rich and has "friends in high places". In other words, he doesn't care if he gets fined or what happens to the complex.
So, my question is, what can I do? We are already in the process of getting an inspector to the apts, but that pretty much means I need to look for a new place to live, and I don't want to do that. Is there any way to stick it to the owner so it hurts? So it'll be worth it to him to get in there and fix everything that's wrong, without getting kicked out?
Any thoughts or similar experiences? Should I just move out now?
Posts: 2596 | Registered: Jan 2006
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Yes. There's no reason to put yourself through all that. Find a new place and move out. Breaking the lease shouldn't be a problem given the condition of the place and your repeated efforts to get things fixed. Heck, be honest with the landlord about it. Just make sure you have all your evidence in order in case he tries to sue you.
Posts: 1945 | Registered: Jul 2005
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posted
You might check with your local housing or rent board. They generally have specific rules that govern this sort of thing, and they can help you to get moved, get your deposit back, and not have any problems.
Posts: 3950 | Registered: Mar 2006
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posted
*sigh* Unfortunately, we called the housing board and they said if it's not a slum, they can't do anything. We're trying to move but there's not much we can afford. So we've been here more than a year and a half now in this awful place. Move if you can.
Also the landlord tried to evict us in retaliation for calling the Housing Authority.
Posts: 21182 | Registered: Sep 2004
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posted
Does your state have a list of Renters Rights? If the Owner or Landlord has violated any of them, I think you can sue.
What I would do, however is start taking pictures of the condition of the apartment and logging how many times you call the Landlord to get it fixed.
Also, know your lease. The problem I had with my landlord is that they swindled me and my roommate out of a lot of money with the fine print in the lease.
Posts: 681 | Registered: Feb 2004
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posted
This varies so much from state to state that there's no way to give a more specific answer than "look into the renter's rights laws in your state to determine your rights and remedies."
I would seek to move out if you can afford it, though. It's not worth having to fight your landlord for basic cleanliness.
However, you need to move out in the right manner so you're not on the hook for damages for breaking your lease early, and this varies greatly from state to state.
Posts: 26071 | Registered: Oct 2003
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posted
I had a landlord like that once! Luckily Massachusetts law is strongly in favor of the tenant, and the landlord in question was a lawyer. I believe I contacted the Attorney General's office and they had a form for just such a complaint. All I had to do in my case was fill out the form and fax a copy to my landlord, at which point he fixed all the problems promptly without my having to actually file the form.
Posts: 1785 | Registered: May 1999
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posted
Since you're going to have to move anyway, perhaps you can do so in a way that inconveniences the owner-- if you can do so legally. Most of my information is based in Utah 10 years ago, but there exist conditions in which a landlord can break a lease in 3 days if there is a nuisance. Perhaps there is something that would allow you to do that from the tenant's side. There wasn't in Utah, but Utah is very owner-centric. Or just make the complaints and get kicked out. I imagine the place seemed affordable at the time you rented it. In the future, you might look for a place that has a super/maintenance staff in addition to a manager. Such a place will necessarily be more expensive. I can't say you wouldn't run into such a problem again, even so.
Rentals are a very bottom-line driven business so you'll often be at the mercy of someone giving as little as they can (I say this as a sometimes landlord and former manager). One answer is to try and choose facilities that aren't as much in need of maintenance. But you never know whether your landlord is some guy who needs to book a loss and doesn't mind having vacancies and an insane turnover rate.
Posts: 11017 | Registered: Apr 2003
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posted
Thanks for the advice guys! I don't know why I start threads on Friday afternoon, when I know I don't have access to a computer on weekends. Sorry for the delay, sorry if it was rude.
So I called the local Fair Housing Department and talked to a nice guy. He told me that unless a judge finds the apartment to be "unlivable" I won't be able to get any rent or deposit back. I don't think the apt is unlivable, just really messy and getting pretty gross. It depends on what kind of mold is growing. So pretty much, moving is right out the window. I really can't afford it. Also, because I didn't notify the landlord the first time using certified mail, there is no way to prove that the problem has been going on at all. The land lord can just feign ignorance.
He also gave me the numbers for mold and mildew inspection and for general property inspection. I'm still reticent to call them for fear of retribution from the landlord. He also told me that section 92 of TX property code is the "bible of landlord/tenant laws," and that sect 92.331 says that unless I do something illegal, the landlord can't evict me due to calling an inspector. But, really, what are five little numbers and my obstinacy going to do? Unless I'm willing to take him to court, he can do whatever he wants. *sigh* I don't want this to turn into some big battle, I just want the gal-durn leak fixed.
I also read through my rental contract and realized that it's quite a bit shorter than the ones I've had in the past. At no point does it specify when/if/what the land has to fix or maintain. Although at one place it clearly says that both the tenant and landlord have a minimum of 30 days cancellation period, it clearly states in the next paragraph that the landlord can cancel my lease in ten days if he wants, with no mention of causation at all. So, I think I'm screwed there too.
So, pretty much I think I'm out of luck, unless y'all have any other suggestions. On Friday the manager said that he would have plumbers at the apt today, but he's said that before. If he actually does, and they're actually plumbers (not a couple of his buddies, as has happened before), and the problem actually stops, and they get in my apartment and replace the drywall, then I'll be happy. But, if, as is more likely, I don't hear a word from him and nothing happens, I'll have to call the inspectors. Then I guess I'll just bite the bullet, and if I get kicked out so be it. It's better than living in a soggy mold infested apartment.
Thanks again for the advice. Without it I wouldn't have known were to go to get information and would still be floundering. At least now I have information on my side, even if it won't protect me from retaliation.
Posts: 2596 | Registered: Jan 2006
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posted
The fact that your lease does not specify what has to be repaired my not be relevant, depending on local laws. A local law clinic may be able to help.
I would suggest having the mold/mildew inspector come out. Depending on what you have growing, your apartment may well constitute "unlivable" in a technical sense.
Posts: 32919 | Registered: Mar 2003
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posted
{echos Rivka} Get that inspector out there!!! Any kind of mold may in fact make the apartment unlivable depending on how extensive it is. The fact that you have actual mushrooms growing is a very bad sign.
Also, ask the FHD about the landlord having non-licensed "repair people" (the buddies) coming to do work on the apartment. My gut feeling is to demand proof of licensure from whoever appears, and if they can't prove to your satisfaction that they are in fact qualified to do the work, refuse entry. And maybe delay them until you can get code enforcement or even the police out to intervene. (If you call code enforcement BEFORE they arrive, you can be prepared for a plan of action).
Posts: 4515 | Registered: Jul 2004
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ETA: Depending on where you live (your profile says Houston) and how much you make, you may be eligible for free legal advice. Check here. If you make less than twice the poverty line (which would be roughly 20K), you qualify at a couple of these places.
Posts: 5462 | Registered: Apr 2005
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posted
I'm gonna wait to call the inspector until I talk to the manager this afternoon. If he hasn't had someone in there, I will make the call today, or first thing tomorrow. I'm also gonna make sure they're licensed now. Will they have a license on them? What is it? A card or piece of paper? Is it something they could/would fake?
Thanks for the link JT. I'm looking through all of the links now, and there is some great info in there. Unfortunately, I don't think I qualify for any free legal help, but there was one number that will briefly answer questions on the first and third Wednesday of the month. If this is still going on by next Wednesday, I'll be calling them for sure.
This kind of stuff is exactly what I was looking for. It's so great that now when I talk to the manager this afternoon I'll be armed with all kinds of useful information. I'm almost eager to drop all this on him.
(The guy on the phone mentioned headaches associated with mold. I didn't think much of it, but now it strikes me that I have had more headaches than normal when I'm trying to fall asleep. Is this normal? (What a silly question, I'm gonna die in my sleep tonight as punishment for naivete.))
Posts: 2596 | Registered: Jan 2006
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posted
vonk: Breathing in the spores from fungus and mildew can DEFINATELY cause headaches, and much worse.
I can't say for sure if YOU are experiencing head aches because of mold, but listen to what your body is telling you. Unless you plan on starting an antibiotics lab I suggest you find a way to get out.
Posts: 14316 | Registered: Jul 2005
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