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I am so mad right now I could chew nails.....

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Bret

Bret

Yoda
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but I might need them..... /bcforum/images/%%GRAEMLIN_URL%%/mad.gif

Ok, I haven’t even been in my new place for a month yet and I’m already having problems with my landlord. Saturday I get a call from the owner of the house telling me that she’s fired her Property manager and would be managing the property herself from now on.

I don’t want to get caught in the middle of this but I feel somewhat deceived as one of the main reasons I went with this piece of property over some others was because I didn’t want to deal directly with the owner. I had terrible luck in the past where I’ve had to deal directly with owners and nothing but good experiences (for the most part) with property managers as they’re almost always professional about their jobs whenever a renter/tenant has a problem. Whereas owners tend to take things personally or are offended when you try to get them to fix or address a problem with the property.

Adding to the insult is that the Property manager & I had come to some agreements with some issues I had. I’ve got about $50 worth of receipts she’d agreed to reimburse me for. Some of the stuff that the owner had already refused to cover and the property manager had agreed to cover anything the owner refused to cover.

Reasoning for this according to the owner is that she & her boyfriend had recently lost their jobs to layoffs and they couldn’t afford the management company’s fees. Talking to the PM this morning she wasn’t aware of this until this morning when she found the notice from the owner in her fax machine. Didn’t even have the courage to call her or tell her to her face – I’m not getting any warm fuzzes about this person.

Anyway talking to the manager she said that the owner was still under contract and regardless of her notice was required to give 30 days notice before termination of services and that she will have to pay some fines to get out of the agreement.

The only good news (if you can call it that) is the Manager is sending a copy of the revised walk through with a complete list of all the discrepancies I found both before and after I moved in. IMHO there’s a good Grand worth of stuff that needs fixing but after this I suspect I’ll either have to fix it myself or hire someone to do it for me.

Example the front screen door came off due to wood rot in the door jam. You can actually see where it has been patched & re-patched several times and re-screwed time & time again. When I asked to have that fixed – the PM told me that the owner said it was fine when I moved in and that I needed to fix it. When I told the PM that that was unacceptable she said that she’d take care of it. That was last Friday and now this situation.

FYI I am taking (dated) photos of EVERYTHING listed on the move-in check list that needs fixing. Because when I move out in a year – I don’t want to be hit for repairs for anything I didn’t damage.

So I am offically in "Cover My Arse" mode right now and would welcome any thougths or suggestions.

This sucks!
 
Bret, since you leased this house with the knowledge it was being managed by a property management company, is there any recourse to get out of the lease? I know that's drastic, but in the long run, it might be your best solution. If you're already getting 'bad feelings' about things, it may only get worse once the PM is no longer involved. You know, 'I would have not rented from anyone that didn't use a property manager...'

You have word from the PM that work would be done, correct? From the discrepancies in the walk through. IF these are not corrected in VERY short time, I would use that as a bargaining factor if you decide to break lease.

And I think I'd seriously check into breaking the lease, or rather, considering the lease *void.* You might be able to get out of the lease and you may be better off.

Otherwise, if you have the energy and desire, work an agreement with the owner (written) that you will do repairs for a reduction in rent (whatever the hourly rate is deducted from your monthly rent or for a % reduction in monthly rent overall.
 
Hey JB,

Yes I'm looking into what my legal options are. Not saying I want to break the lease but if it is voided by this or at lease it’s validity is suspect, I may have a bargaining chip.

Honestly I just want everything fixed. But if this is any indication of what to expect from the owner in the future I may have to consider backing out if it can be done without any serious ($$$$) repercussions.
 
Yea...

Just seems that people use property managers because they don't WANT to deal with the day-to-day of owning rental properties.

You definitely don't want to forfeit your deposit and the remaining months' rent (or whatever) to get out of the lease. But I truly think you have a legitimate concern here. You rented in good faith, knowing that the property would be kept up to par. If it is not kept that way, they are reneging on their responsibilities.

My cousin has 2 rental properties available right now. 3 bedroom, garage, storage shed $800 a month. The other is a 3 bedroom double wide with 2 car carport for $600. Wanna move, I'll vouch for ya...
 
Just stop paying any rent until everything is repaired...they can't evict you....& when they take you to court, carry your notes & the PM!
 
jaybird said:
My cousin has 2 rental properties available right now. 3 bedroom, garage, storage shed $800 a month. The other is a 3 bedroom double wide with 2 car carport for $600. Wanna move, I'll vouch for ya...
Click to expand...
Thanks JB, your a jem! /bcforum/images/%%GRAEMLIN_URL%%/angel.gif

But unless they're somewhere out this way, the commute from your neck of the woods 'd be a bit too much for me. /bcforum/images/%%GRAEMLIN_URL%%/smirk.gif
 
If you own a Lear jet and have a pilot's license, wouldn't be a terrible commute at all...
 
jaybird said:
If you own a Lear jet and have a pilot's license, wouldn't be a terrible commute at all...
Click to expand...
Who do you think I am John Trvolta? /bcforum/images/%%GRAEMLIN_URL%%/smirk.gif
 
Ewwww, nah, you're cuter than he is.
/bcforum/images/%%GRAEMLIN_URL%%/grin.gif

Seriously, I think maybe you just need to sit down with the owner and voice your concerns. You have nothing to lose and it's probably the right place to start.
 
Well I did some searching & discovered a few web sites that deal with tenant laws.

From what I've read so far the landlord has even more to be concerned about than I do as a renter. I've found a check list of items that I downloaded and plan on working on over the next day or so. Next time the owner & I meet I'll give it to her and say this is what we need to have fixed.

Point is I'm going to document everything from this point on.
 
Bret,

Definitely check into your legal rights on the subject. I know that in Colorado, at least Larimer County where I live, that you can send your landlord repair bills instead of rent if necessary. They need to be aware of the repairs beforehand and given the opprotunity to make repairs. On the otherhand they can dictate that the work be done by professionals or to a professional level and that things are done to local codes. There is also a minimum time which they must try to repair before you can go ahead and do it on your own and send them copies of reciepts in lieu of rent.

I Think California actually gives the tenants an extreme amount of rights vs. the landlord though.
 
Good luck, Bret. I'm glad to be a homeowner now, but I spent years as a renter, and was pretty much taken by each of them (with one exception). I wish you the best.
 
My past renting experiance has been HORRIBLE to say the least
Take my advice, document EVERYTHING no matter how TRIVIAL it might seem.
When I moved in to an apartment the carpet had stains and was clearly well worn {actually needed replacement} anyway bieng the laidback person I am I "Let it go" I lived there ten years and Yes the SAME carpet was there when I moved out. I now get letters from thier lawyer stating if I dont pay to have the carpet I supposedly damaged replaced with NEW I will be sued.
I am patiently waiting for my subpoena! And they constanlty call me on the phone about this matter, My reply to them is, do what you have to do and I will too! {I have sence attached a recorder to my phone, when they tell me who they are I say this phonecall will be recorded if you do not wish to be recorded please hang up now. {recorder running of course} {I have several JUICY harassing phone calls recorded} I have dated $ signed by one of THIER maintenance people pics of this carpet the day I moved in. {My lawyer has subsequently contacted this maintenance person and obtained a sworn affidavid}
In any case when it is all said and done I plan to have thier ARSE, harasement charges, court and lawyer fees {Yes I have already consulted one and he just smiled and agreed to take the case}.
Play with fire, you WILL get burnt!
Laid back I might be, stupid I am NOT!
document, document, and document EVERYTHING.
Kerry
 
Ok I got some scoop from one of the main guys at the City of Poway's Department of Development Services. These are the folks who regulate rentals.

This guy said that yes - I was entitled to have everything I listed fixed by the owner. But assured me that if I pursued that corse of action that I'd be looking for a place to stay when my lease is up. He suggested that rather than fight the owner at every turn over nickle & dime stuff to just fix the problems at my expense and document everything with supportive photos of the work.

He said I have a better chance of winning & recovering 100% my deposit when I leave. He went on to say that given the problems I've pointed out - there's a good chance the owner will be paying me back more than just my deposit when I move out.

Not saying this is my plan - still going to talk to a few more people before I make a commitment one way or the other.
 
Aweman: My past renting experiance has been HORRIBLE to say the least
Take my advice, document EVERYTHING no matter how TRIVIAL it might seem.
When I moved in to an apartment the carpet had stains and was clearly well worn {actually needed replacement} anyway bieng the laidback person I am I "Let it go" I lived there ten years and Yes the SAME carpet was there when I moved out. I now get letters from thier lawyer stating if I dont pay to have the carpet I supposedly damaged replaced with NEW I will be sued."

Dude, exactly what happened to me once. Lived in the house two
years- dishonest owner was a school teacher. I wish they had cameras with dates back then.

d
 
Wow, sounds complicated out there on the left coast.

I've had rentals for years.
I have a verbal 'contract'....

The following are a list of reasons to call me.

1) Catastrophic structural failure. (roof collapse or terrorist attack)
2) Impending disaster. (strong odor of gas or smoke...repeat STRONG)
3) Heat out or water level high enough to pick up furniture.

Bother me for anything else and I pull the meter for 24 hrs on the first offense.

The first words outta my mouth better be "Holy-Cow" when I show up!

(Did I mention I'm a slum lord /bcforum/images/%%GRAEMLIN_URL%%/grin.gif )
 
Sorry to hear you are having landlord problems. I make my living renting apartments and commercial space. I am also used by the local Community Housing Resource Board and Human Resources Developement Council as a resource person for tenants that are having landlord problems. I do not give legal advice and this is not legal advice. Sounds like in your later posting you have found some online sources of info. I assume a state Lawhelp site. Always, be you a landlord or tenant communicate in writing. In Montana we are allowed to use a certificate of mailing (avilable at the post office, cheap) for giving notice, the letter is considered delivered 3 working days after the date of mailing not counting the day it is mailed. Note on the bottom of the letter that it is being sent via certificate of mailing. I don't use certified mail, people will not sign if they suspect what is coming. Hopefully you have a copy of all paperwork you have signed. Two out of work landlords is not where you want to be, you know nothing is going to get fixed. Photos will help along with the walk through inspection. Remember, you do have access to the small claims courts. Since deposit arguements and failure to repair problems are very common, my guess there are several laws in your state codes that address these areas in particular. Was this apartment built before 1978? If it was, were you given an EPA lead disclosure book? Did you sign for one? This is federal law landlords get fined big time if they do not comply.
 
House was made in the early 60's. I did sign a notice that said "because of it's age" that there could be toxins such as lead base paint etc.

It was the "etc" that got me with the tile I didn't find after I moved in.
 
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