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Can't Access Front Door - 3+months

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rainyagain

Junior Member
Monroe, Michigan -

The day I moved into my rental townhome (12/31/04), I contacted the management office regarding a leak in the basement which was clearly coming from the outside cement courtyard that leads to the front door. I was told not to walk on it until it was fixed. The only other street entrance is via the garage. I assumed the builder/owner (who I've repeatedly been told 1) lived in our unit and 2) is "really good" at fixing things) would fix it sooner rather than later. It is now April 8. Since the initial phone call, we have had somebody fall through the cement. They could have fallen through into the basement and there *could* have been a lawsuit. Fortunately, they only had a leg go through. We'd had a "danger" sign posted, which must have fallen off w/ the inclement weather. Each time I've called the mgmt office, they've been polite but defensive. "We can't do cement work in this weather." "The owner has been by to check on it." Well...when the person fell into the floor, creating a 1' in diameter hole, I told the manager this. "Why didn't you have it locked off?" she asked me, as if it were all my fault/responsibility. Seems to me that if the owner had been monitoring the situation, it was his responsibility to secure the gate or provide us with information on the progress of the situation. If he is a builder and knows the construction of the place, he would have known the danger. We had no idea it was that weak. That night, maintenance came and chained/padlocked the gate leading to our front door and has done nothing else. I've missed deliveries and guests because visitors have no way of announcing themselves. It is also a safety hazard as firemen would be unable to access the front door – and if they could cut through the chain, they’d fall through the cement (which is deteriorating rapidly). WE are the ones who covered the hole w/ a large doormat. The owner has NEVER been by to see if there is any damage inside the home. Fortunately for us, the basement area exposed to the elements is a separate closed off space. When they do get around to fixing it, it will be a major repair job as the entire entry way must now be replaced. In addition to everything else, I’m wondering if we would also be able to ask for a reduced rent when they are fixing it, because they let it go so long that it worsened.

I'm particularly moved to take action now because my rental check arrived one day late (4/6) and on 4/7 I received a pay or vacate notice w/ the words "late fee" noted - but no amount listed. They're lucky we haven't put money in escrow or demanded they reduce our rent, and they have the nerve to send this notice???

We really can't afford a legal battle right now, but I would like to know what my rights are - what my expectations should be of my landlord. We pay $1,250/month on this unit and have never been able to access the front door since moving in!!

Thanks for any help you might be able to provide.
 
Last edited:


BL

Senior Member
rainyagain said:
Monroe, Michigan -

The day I moved into my rental townhome (12/31/04), I contacted the management office regarding a leak in the basement which was clearly coming from the outside cement courtyard that leads to the front door. I was told not to walk on it until it was fixed. The only other street entrance is via the garage. I assumed the builder/owner (who I've repeatedly been told 1) lived in our unit and 2) is "really good" at fixing things) would fix it sooner rather than later. It is now April 8. Since the initial phone call, we have had somebody fall through the cement. They could have fallen through into the basement and there *could* have been a lawsuit. Fortunately, they only had a leg go through. We'd had a "danger" sign posted, which must have fallen off w/ the inclement weather. Each time I've called the mgmt office, they've been polite but defensive. "We can't do cement work in this weather." "The owner has been by to check on it." Well...when the person fell into the floor, creating a 1' in diameter hole, I told the manager this. "Why didn't you have it locked off?" she asked me, as if it were all my fault/responsibility. Seems to me that if the owner had been monitoring the situation, it was his responsibility to secure the gate or provide us with information on the progress of the situation. If he is a builder and knows the construction of the place, he would have known the danger. We had no idea it was that weak. That night, maintenance came and chained/padlocked the gate leading to our front door and has done nothing else. I've missed deliveries and guests because visitors have no way of announcing themselves. It is also a safety hazard as firemen would be unable to access the front door – and if they could cut through the chain, they’d fall through the cement (which is deteriorating rapidly). WE are the ones who covered the hole w/ a large doormat. The owner has NEVER been by to see if there is any damage inside the home. Fortunately for us, the basement area exposed to the elements is a separate closed off space. When they do get around to fixing it, it will be a major repair job as the entire entry way must now be replaced. In addition to everything else, I’m wondering if we would also be able to ask for a reduced rent when they are fixing it, because they let it go so long that it worsened.

I'm particularly moved to take action now because my rental check arrived one day late (4/6) and on 4/7 I received a pay or vacate notice w/ the words "late fee" noted - but no amount listed. They're lucky we haven't put money in escrow or demanded they reduce our rent, and they have the nerve to send this notice???

We really can't afford a legal battle right now, but I would like to know what my rights are - what my expectations should be of my landlord. We pay $1,250/month on this unit and have never been able to access the front door since moving in!!

Thanks for any help you might be able to provide.
Call your local Property Code Enforcement Office ASAP and file a complaint . They will come out and inspect the Property for code violation, and issue a report to the owners/Landlord . You should be able to obtain a copy , ask how .

Never with hold rent unless advised by a Lawyer.

Your lease should state what amount the Late fees are . You signed it .
 

south

Senior Member
If its a danger have you tried calling a housing or city inspector?



rainyagain said:
Monroe, Michigan -

The day I moved into my rental townhome (12/31/04), I contacted the management office regarding a leak in the basement which was clearly coming from the outside cement courtyard that leads to the front door. I was told not to walk on it until it was fixed. The only other street entrance is via the garage. I assumed the builder/owner (who I've repeatedly been told 1) lived in our unit and 2) is "really good" at fixing things) would fix it sooner rather than later. It is now April 8. Since the initial phone call, we have had somebody fall through the cement. They could have fallen through into the basement and there *could* have been a lawsuit. Fortunately, they only had a leg go through. We'd had a "danger" sign posted, which must have fallen off w/ the inclement weather. Each time I've called the mgmt office, they've been polite but defensive. "We can't do cement work in this weather." "The owner has been by to check on it." Well...when the person fell into the floor, creating a 1' in diameter hole, I told the manager this. "Why didn't you have it locked off?" she asked me, as if it were all my fault/responsibility. Seems to me that if the owner had been monitoring the situation, it was his responsibility to secure the gate or provide us with information on the progress of the situation. If he is a builder and knows the construction of the place, he would have known the danger. We had no idea it was that weak. That night, maintenance came and chained/padlocked the gate leading to our front door and has done nothing else. I've missed deliveries and guests because visitors have no way of announcing themselves. It is also a safety hazard as firemen would be unable to access the front door – and if they could cut through the chain, they’d fall through the cement (which is deteriorating rapidly). WE are the ones who covered the hole w/ a large doormat. The owner has NEVER been by to see if there is any damage inside the home. Fortunately for us, the basement area exposed to the elements is a separate closed off space. When they do get around to fixing it, it will be a major repair job as the entire entry way must now be replaced. In addition to everything else, I’m wondering if we would also be able to ask for a reduced rent when they are fixing it, because they let it go so long that it worsened.

I'm particularly moved to take action now because my rental check arrived one day late (4/6) and on 4/7 I received a pay or vacate notice w/ the words "late fee" noted - but no amount listed. They're lucky we haven't put money in escrow or demanded they reduce our rent, and they have the nerve to send this notice???

We really can't afford a legal battle right now, but I would like to know what my rights are - what my expectations should be of my landlord. We pay $1,250/month on this unit and have never been able to access the front door since moving in!!

Thanks for any help you might be able to provide.
 

rainyagain

Junior Member
Thanks to both of you for responding.

Here's the deal - we like living here and the builder/developer is also the owner so it's not like a big, anonymous management company. We're concerned that if we bring out somebody to inspect the place and a report is filed, the owner will do his best to force us to leave - or will increase our rent significantly next year. It's been a huge pain w/ the entry way as it is and this is not a good situation, but this townhome is the best we found after months of looking in this area so we'd like to stay.

What we'd like, ultimately, is for them to repair the hole (soon) and to reduce our rent during that time - specifically due to the inconvenience we've experienced and will continue to experience until the construction is completed.

Perhaps I'm asking for too much w/out being willing to risk the consequences. I will approach the property manager again, and if I'm still given the run around I will then contact the sources you mentioned.

Do you have any suggestions or idea about how legitimate my request for a reduction in rent during construction would be?

thanks again
 

BL

Senior Member
If you don't want to rock the boat , don't . Ask the owner to put up some heavier barrels , with plastic fencing around the parameter of the danger Zone , to prevent anyone from getting injured until the fix it .

Pay your rent as agreed .

Also please look into your statutes under the laws on retaliations from a Landlord for filing complaints to Gov. Agencies .

If you have NO other reason to be evicted , then If the Landlord starting eviction after you complain about code violations, that would be your defense . " Retaliation ".

Here a LL can not initiate evicting a tenant for 6 months after code violations are reported , unless there are other Good reasons .
 

rainyagain

Junior Member
Blonde Lebinese -

Thanks for your response. Yeah - I guess that's it really - I don't want to rock the boat. I'm just pi**ed at having to pay this much rent w/out being able to access my front door. Any visitors must know my phone number and tell me they're outside the garage (which I must then open) in order for them to come in and I've missed many special deliveries. But you're right - fish or cut bait, basically.

No need for plastic barrels as the entrance to my door is behind a small wrought iron gate, which they've chained and padlocked. No way anyone can get in...or out - thus the danger should there be a fire...not that anyone could walk on the cement now anyway (w/out falling through).

I do still wonder if I have a right to ask for a reduction in rent during the time they finally repair the area. Any feedback on that?

Okay - I've complained enough unless I'm willing to take action. Thanks again.

Thanks
 

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