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Landlord Obligations?

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S

Seeasi

Guest
What is the name of your state? Alabama

I have several issues in question, will attempt to remain brief.

We (spouse) have been renting a "modular home" (trailor) with an in-ground swimming pool since April, 2003. According to the "acting" landlord, this dwelling is part of a trust, and is managed by a lawyer firm and terms of the lease agreement are stipulated and enforced through her by them; however, each time we have questioned some of her actions (or lack of action) and have asked for contact information (name, address, phone #) of this firm, we are told, She is who we deal with and the information is basically denied. Are we not entitled to this information?

It was stated in the lease agreement, the landlord is/was responsible for the opening of the pool by our move in date, and that we would be responsible for maintenance and upkeep (chemical treatment, cleaning, and seasonal closeing {optional} of the pool (at our expense) from move-in to our move-out date. We are not responsible for repair or replacement of any portion of the pool unless damage is occured through our actions or lack of proper care.

The pool was not repaired, opened and usuable until March, 2004 (11 months past move in). The landlord didn't oversee or inspect the work done by the pool company. We called them the day the repair was completed, voicing our concern that the workmanship seemed sloppy and she might wish to come to view it. She never responded. Three weeks ago the lining of the pool began lifting from the sides and bottom!

The pool has been usuable for apprx 4 months of the apprx 18 months we have had possession. Our rent is higher than others in area, "reflecting" the privilidge of having the pool. Can we be compensated in rent or monetarily for the difference for the time this product we were paying for was non-functional? What options do we have in this matter? What recourse does a tenant have when it is the landlord who defaults on the lease agreement?

What is the definition of "habitable dwelling" in Alabama? Doesn't a back door that can not be secured or properly locked violate housing code of some type? The sliding glass back door is presently "locked" by placing a piece of wood into the tracking to prevent the door's opening. This condition existed prior to our moving in. We have addressed this issue numerous times vocally and once in writing, still it is unresolved. What recourse do we have?
 


HomeGuru

Senior Member
Seeasi said:
What is the name of your state? Alabama

I have several issues in question, will attempt to remain brief.

We (spouse) have been renting a "modular home" (trailor) with an in-ground swimming pool since April, 2003. According to the "acting" landlord, this dwelling is part of a trust, and is managed by a lawyer firm and terms of the lease agreement are stipulated and enforced through her by them; however, each time we have questioned some of her actions (or lack of action) and have asked for contact information (name, address, phone #) of this firm, we are told, She is who we deal with and the information is basically denied. Are we not entitled to this information?

It was stated in the lease agreement, the landlord is/was responsible for the opening of the pool by our move in date, and that we would be responsible for maintenance and upkeep (chemical treatment, cleaning, and seasonal closeing {optional} of the pool (at our expense) from move-in to our move-out date. We are not responsible for repair or replacement of any portion of the pool unless damage is occured through our actions or lack of proper care.

The pool was not repaired, opened and usuable until March, 2004 (11 months past move in). The landlord didn't oversee or inspect the work done by the pool company. We called them the day the repair was completed, voicing our concern that the workmanship seemed sloppy and she might wish to come to view it. She never responded. Three weeks ago the lining of the pool began lifting from the sides and bottom!

The pool has been usuable for apprx 4 months of the apprx 18 months we have had possession. Our rent is higher than others in area, "reflecting" the privilidge of having the pool. Can we be compensated in rent or monetarily for the difference for the time this product we were paying for was non-functional? What options do we have in this matter? What recourse does a tenant have when it is the landlord who defaults on the lease agreement?

What is the definition of "habitable dwelling" in Alabama? Doesn't a back door that can not be secured or properly locked violate housing code of some type? The sliding glass back door is presently "locked" by placing a piece of wood into the tracking to prevent the door's opening. This condition existed prior to our moving in. We have addressed this issue numerous times vocally and once in writing, still it is unresolved. What recourse do we have?
**A: please read your L/T law then come back and ask specific questions after completing your research.
 
S

Seeasi

Guest
Forgive my ignorance. Please spell it out for me.

L/T law ??

L/T could stand for anything to an individual without a law knowledge base. :p
 

HomeGuru

Senior Member
Seeasi said:
Forgive my ignorance. Please spell it out for me.

L/T law ??

L/T could stand for anything to an individual without a law knowledge base. :p
**A: what is the title of this forum? See any words that begin with letters L and T?
 

JETX

Senior Member
Seeasi said:
Are we not entitled to this information?
No. Apparently, you have the information for the 'agent' of the owner. That is all that is required. However, it would be simple enough to review the tax records and find out who the property owner is.

It was stated in the lease agreement, the landlord is/was responsible for the opening of the pool by our move in date,......
The pool was not repaired, opened and usuable until March, 2004 (11 months past move in).
Okay... important as it would show that you 'accepted' and implied waive of the 'by move in' condition.

Can we be compensated in rent or monetarily for the difference for the time this product we were paying for was non-functional?
You can certainly request some adjustment in rent, but there is no legal requirement that it be met.

What options do we have in this matter?
See above.

What recourse does a tenant have when it is the landlord who defaults on the lease agreement?
You can simply move.... and then take the chance that the landlord sues you for breach, and you are able to convince the court of the landlord breach first..... and more importantly, that the landlords breach was MATERIAL to the terms of the lease (it isn't!).

What is the definition of "habitable dwelling" in Alabama?
Contact your local health, safety and or building agency.

Doesn't a back door that can not be secured or properly locked violate housing code of some type?
In Alabama??? Hell, I assumed that most homes in Alabama don't even have back doors!!! :D
Seriously, see previous answer.

The sliding glass back door is presently "locked" by placing a piece of wood into the tracking to prevent the door's opening. This condition existed prior to our moving in. We have addressed this issue numerous times vocally and once in writing, still it is unresolved.
That is a perfectly acceptable method, and in some cases preferred, method of securing a sliding door. Cut off broom sticks make great sliding door locks!!

What recourse do we have?
You could contact a local mover when your lease is up.
 
S

Seeasi

Guest
Actually, each of you in your unique way have given me basically the same information/conclusion I had reached in reading L/T laws for Alabama and my local area. I was just under the impression YOU might know something I didn't. Something on the top of the page about "getting a professional on my side" might have led me to believe that. :)

BTW HomeGuru, I had already done research and reading online prior to posting and imposing on the forum member's valuble time. I have no problem searching for solutions to my problems. However, interpreting them and being knowledgeable of options or actions that can be taken in my best interest is what I thought an attorney invests years to learn. Maybe I should have gone to a proctologist for advice instead, since these issues have been a pain in my...

In response to:

Okay... important as it would show that you 'accepted' and implied waive of the 'by move in' condition.

We didn't have any workable choice but to "accept" as the dwelling was not ready for move in on the date promised/signed in the lease agreement (agent and/or owner default, again?). We had commited to vacancy of our other dwelling by May 1, 2003, and had to press the landlord to allow us to move in before the completion of work on the home...or be on the streets. We were assured that the terms would still be met on a new time line. We did not have enough time or available funds to find another place to live before we needed to vacate.


Even with committees (reportedly consisting of attorney's supporting the interests of both parties) working to amend or add laws revolving around L/T issues it still seems they remain in the best interest of the landlord in the state of Alabama.

It is frustrating that an individual/family appears to have only this tenant option: Give the LL written notification of intent to terminate lease due to default, and wait for one of two things to occur. The landlord corrects the default within prescribed time and you continue the agreement arrangement or make preparation to endure the hassle and cost of another move, more change of address, connection of utilities, etc. etc.


In regards to back doors and the chosen/accepted locking mechanism of the local natives, I can not testify. I do know that I didn't find "a cut off broomstick" to be mentioned by the city building codes as an acceptable manner of securing a property. :p

I am a native Texan trying to cohabitate in a foreign land for the extent of my husband's employment. I am not one to follow the old saying, "when in Rome do as the Romans." Guess you will have to poke at the Texans to be truly addressing me. ;)

I always enjoy a lively jousting of words! I thank each of you for your time, minute information and the laughs.
 

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