LegalEBlonde
Junior Member
What is the name of your state? IL
My fiance and I moved into a beautiful house that is being managed by a land management company while the owners are over seas. When we moved in we created our "punch list" and had listed several defects which the maintenance man (not an employee of the management company but a contractor) agreed that it all needed to be fixed. A few things on the list that we needed fixed right away included: the gas stove, the leak in the roof (that comes into the kitchen area), a damaged screen door, a very loose railing on the 2nd story porch, damaged stairs that lead to the waterfront and several others. They did come in and fix a few of the items. However, it took them almost two months for us to have an operable kitchen. In the course of them ordering parts for the stove, we had the gas company come out because the kitchen smelled of gas. Sure enough there was a gas leak that needed to be fixed so they turned the gas off. We notified the management company immediately and the appliance lady just so happened to be coming with the replacement part in the next couple of days. She claimed to have found no gas leak, but I tend to lean toward the actual gas company's opinion.
While the appliance lady was here fixing the stove, we had her look at the oven as well because it had stopped working. Sure enough that was faulty and she said it would be 3 weeks before she received the replacement part. In the meantime, we had discussed reimbursement for meals with our point of contact at the land management company. She claimed that it would not be a problem but she had to talk to her boss and get back to us. After trying to get a hold of anyone in their office for over 6 weeks on the issue without success, it was time for rent to be due again. I called and left a message on the owner's voicemail telling him that we would submit the rent check $500 short to compensate for 2 months of an inoperable kitchen and that if it was a problem he should contact me directly and I left him two phone numbers. I didn't hear anything back from him so I mailed the check, minus the $500 on the 1st of the month.
Yesterday we received our 5 day notice for "non-payment of rent". Now, not only was this affidavit not filled out or signed, but it was dated April 11, 2005. Now they are charging us for late fees and we are accruing a $25 a day penalty for every day that the remainder of the rent is not paid. We have no problem paying the rent, we are just trying to get the remainder of the big problems of the house fixed and get reimbursed for not being able to cook in our own home.
What can we do?? We are thinking we should just pay the balance and the late fees and then consult with our attorney, but I'm trying to get some insight to see if it's even worth it.....or are we screwed?
*note* we did sign a lease that is completely in favor of the management company..and although it means nothing, we did sign it in good faith with them assuring us that everything would be fixed. But I'm afraid now that signing the lease has trapped us into a no win situation.
My fiance and I moved into a beautiful house that is being managed by a land management company while the owners are over seas. When we moved in we created our "punch list" and had listed several defects which the maintenance man (not an employee of the management company but a contractor) agreed that it all needed to be fixed. A few things on the list that we needed fixed right away included: the gas stove, the leak in the roof (that comes into the kitchen area), a damaged screen door, a very loose railing on the 2nd story porch, damaged stairs that lead to the waterfront and several others. They did come in and fix a few of the items. However, it took them almost two months for us to have an operable kitchen. In the course of them ordering parts for the stove, we had the gas company come out because the kitchen smelled of gas. Sure enough there was a gas leak that needed to be fixed so they turned the gas off. We notified the management company immediately and the appliance lady just so happened to be coming with the replacement part in the next couple of days. She claimed to have found no gas leak, but I tend to lean toward the actual gas company's opinion.
While the appliance lady was here fixing the stove, we had her look at the oven as well because it had stopped working. Sure enough that was faulty and she said it would be 3 weeks before she received the replacement part. In the meantime, we had discussed reimbursement for meals with our point of contact at the land management company. She claimed that it would not be a problem but she had to talk to her boss and get back to us. After trying to get a hold of anyone in their office for over 6 weeks on the issue without success, it was time for rent to be due again. I called and left a message on the owner's voicemail telling him that we would submit the rent check $500 short to compensate for 2 months of an inoperable kitchen and that if it was a problem he should contact me directly and I left him two phone numbers. I didn't hear anything back from him so I mailed the check, minus the $500 on the 1st of the month.
Yesterday we received our 5 day notice for "non-payment of rent". Now, not only was this affidavit not filled out or signed, but it was dated April 11, 2005. Now they are charging us for late fees and we are accruing a $25 a day penalty for every day that the remainder of the rent is not paid. We have no problem paying the rent, we are just trying to get the remainder of the big problems of the house fixed and get reimbursed for not being able to cook in our own home.
What can we do?? We are thinking we should just pay the balance and the late fees and then consult with our attorney, but I'm trying to get some insight to see if it's even worth it.....or are we screwed?
*note* we did sign a lease that is completely in favor of the management company..and although it means nothing, we did sign it in good faith with them assuring us that everything would be fixed. But I'm afraid now that signing the lease has trapped us into a no win situation.