HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Landlord / Tenant Issues
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read

Landlord / Tenant Issues Includes Leases, Evictions, etc.



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-13-2008, 05:10 PM
Junior Member
 
Join Date: Feb 2008
Posts: 3

Private property rights violated?


What is the name of your state? MI

Should the city be allowed to enter a home without the owners permission?

A tenant wanted to break their lease after less than 17 days in the home. I think they were unhappy with living in a single-family home and wanted an apartment. I said I would not sue them for the remaining portion of the lease beyond their security deposit. The tenant was unhappy with this. I told them to vacate the home at the end of the month. They remained in the home one day later. On the day they moved out, the tenant had invited the local city inspectors over to the house, probably in retaliation for not releasing their deposit. The home was already vacant at this point. Four city inspectors went through the home finding various violations, most not very serious, some requiring the installation of new fire controls to meet existing standards. The city made no effort to contact the owner, or call the agent listed on the real estate sign out front and knew the tenant no longer lived there. Should the city be allowed to access a home under these circumstances?What is the name of your state?
Reply With Quote
  #2  
Old 02-13-2008, 05:16 PM
Senior Member
 
Join Date: Jan 2005
Posts: 13,083
Quote:
Originally Posted by Letmeout View Post
Should the city be allowed to access a home under these circumstances?
Yes*******
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is!
Reply With Quote
  #3  
Old 02-13-2008, 05:17 PM
Member
 
Join Date: Feb 2008
Posts: 173
Were any of these violations on a list you had prior to their inspection to be corrected?

Did you have prior knowledge of the existing structure and that it was in violation of the current standards?
Reply With Quote
  #4  
Old 02-13-2008, 05:29 PM
Senior Member
 
Join Date: Jan 2005
Posts: 13,083
Quote:
Originally Posted by kornball View Post
Were any of these violations on a list you had prior to their inspection to be corrected?

Did you have prior knowledge of the existing structure and that it was in violation of the current standards?
Totally irrelevant to the question at hand. The city inspectors have wide ranging powers.
OP - exactly which city did this take place in?
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is!
Reply With Quote
  #5  
Old 02-13-2008, 06:31 PM
Senior Member
 
Join Date: Feb 2007
Posts: 2,461
Your tenants must have let them in. Regardless, your mistake was to let your tenants know that they would not be getting their deposit back. I always ask where I can mail the deposit and surprise them later with a full account of all the charges and deductions.
__________________
In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
Reply With Quote
  #6  
Old 02-13-2008, 06:32 PM
Senior Member
 
Join Date: Jan 2005
Location: CO
Posts: 12,708
Quote:
Originally Posted by Alaska landlord View Post
I always ask where I can mail the deposit and surprise them later with a full account of all the charges and deductions.
If you weren't "Alaska" landlord, I'd think you just might be my Dad.
__________________
"Let there be no reason now for any American to fail to cherish their citizenship in this, the greatest nation on Earth.” John McCain
Reply With Quote
  #7  
Old 02-13-2008, 06:36 PM
Senior Member
 
Join Date: Feb 2007
Posts: 2,461
Thank you son.
__________________
In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
Reply With Quote
  #8  
Old 02-13-2008, 06:49 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 10,846
You can still surprise them with a lawsuit for rent until you are able to re-rent the space. You tried to do them a favor and they didn't appreciated, no reason to keep being nice!
Reply With Quote
  #9  
Old 02-13-2008, 07:02 PM
Senior Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 3,666
Send a message via Yahoo to acmb05
Quote:
Originally Posted by Letmeout View Post
What is the name of your state? MI

Should the city be allowed to enter a home without the owners permission?

A tenant wanted to break their lease after less than 17 days in the home. I think they were unhappy with living in a single-family home and wanted an apartment. I said I would not sue them for the remaining portion of the lease beyond their security deposit. The tenant was unhappy with this. I told them to vacate the home at the end of the month. They remained in the home one day later. On the day they moved out, the tenant had invited the local city inspectors over to the house, probably in retaliation for not releasing their deposit. The home was already vacant at this point. Four city inspectors went through the home finding various violations, most not very serious, some requiring the installation of new fire controls to meet existing standards. The city made no effort to contact the owner, or call the agent listed on the real estate sign out front and knew the tenant no longer lived there. Should the city be allowed to access a home under these circumstances?What is the name of your state?
Or maybe they just did not want to live some where where obvious violations of the city codes were and with a landlord who would not fix them
__________________
Quote:
Originally Posted by acmb05 View Post
Rex Harrison (Higgins): : The question is not whether I've treated you rudely but whether you've ever heard me treat anyone else better..
Reply With Quote
  #10  
Old 02-13-2008, 07:18 PM
Junior Member
 
Join Date: Feb 2008
Posts: 3
Alaska Landlord, that is great advice. I was actually trying to do that, but they forced the issue prior to moving out.

Acmb05

This is a $70,000 house that I invested $12,000 in, so you can criticize me for being stupid given current real estate conditions but not for not taking care of the house.

Here is an example of the "code violations."

Violation: Provide a safe and dry access to crawl space.

They site PM code: Structural Members: The supporting structural members of every structure shall be maintained structurally sound, and be capable of supporting the imposed loads.

1. how is that relevant to what they cited?

2. There is a crawl space access, they just didn't see it.

Others are similar to this.

Last edited by Letmeout; 02-13-2008 at 07:21 PM.
Reply With Quote
  #11  
Old 02-13-2008, 07:38 PM
Senior Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 3,666
Send a message via Yahoo to acmb05
Quote:
Originally Posted by Letmeout View Post
Alaska Landlord, that is great advice. I was actually trying to do that, but they forced the issue prior to moving out.

Acmb05

This is a $70,000 house that I invested $12,000 in, so you can criticize me for being stupid given current real estate conditions but not for not taking care of the house.

Here is an example of the "code violations."

Violation: Provide a safe and dry access to crawl space.

They site PM code: Structural Members: The supporting structural members of every structure shall be maintained structurally sound, and be capable of supporting the imposed loads.

1. how is that relevant to what they cited?

2. There is a crawl space access, they just didn't see it.

Others are similar to this.
And evidently it was not safe and dry.

As far as the other you mentioned, have you looked at the supporting structural members? Are they in bad shape or some of them?

How exactly did they look at the supporting structural members if they did not see the access for under the house.
__________________
Quote:
Originally Posted by acmb05 View Post
Rex Harrison (Higgins): : The question is not whether I've treated you rudely but whether you've ever heard me treat anyone else better..
Reply With Quote
  #12  
Old 02-13-2008, 07:41 PM
Senior Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 3,666
Send a message via Yahoo to acmb05
Quote:
Originally Posted by Letmeout View Post
Acmb05

This is a $70,000 house that I invested $12,000 in, so you can criticize me for being stupid given current real estate conditions but not for not taking care of the house.
So what I just put 60K into a house and still it did not pass electrical inspection. I had to go back and change a few things. Just because you put money into it does not mean it is safe.

Now that being said, unless they found bad enough problems to condemn the house the tenants still owe you for the remainder of the lease and i would do what was suggested and take them to court for it.
__________________
Quote:
Originally Posted by acmb05 View Post
Rex Harrison (Higgins): : The question is not whether I've treated you rudely but whether you've ever heard me treat anyone else better..
Reply With Quote
  #13  
Old 02-13-2008, 07:50 PM
Junior Member
 
Join Date: Feb 2008
Posts: 3
acmb..you said

Or maybe they just did not want to live some where where obvious violations of the city codes were and with a landlord who would not fix them

I'm pointing out to you this was not the case. At one point this tenant told me I was the best landlord they ever had, they told tenants viewing the house I was great and the house was fine. They had no problems until they found out they may not receive their deposit back. I had the house inspected when I bought it for anything unsafe and did my best to maintain the property, including same day service for this tenant on a slow drain at a cost of $150 to have it snaked. I think this person just found renting a single-family home to be overwhelming.

Also this is the violation:

Violation: Provide a safe and dry access to crawl space.

And this is the code they cite for the violation:

Structural Members: The supporting structural members of every structure shall be maintained structurally sound, and be capable of supporting the imposed loads.

How is the above code relevant to the violation?
Reply With Quote
  #14  
Old 02-13-2008, 10:09 PM
Senior Member
 
Join Date: Oct 2005
Location: Tennessee
Posts: 3,666
Send a message via Yahoo to acmb05
Quote:
Originally Posted by Letmeout View Post
acmb..you said

Or maybe they just did not want to live some where where obvious violations of the city codes were and with a landlord who would not fix them

I'm pointing out to you this was not the case. At one point this tenant told me I was the best landlord they ever had, they told tenants viewing the house I was great and the house was fine. They had no problems until they found out they may not receive their deposit back. I had the house inspected when I bought it for anything unsafe and did my best to maintain the property, including same day service for this tenant on a slow drain at a cost of $150 to have it snaked. I think this person just found renting a single-family home to be overwhelming.

Also this is the violation:

Violation: Provide a safe and dry access to crawl space.

And this is the code they cite for the violation:

Structural Members: The supporting structural members of every structure shall be maintained structurally sound, and be capable of supporting the imposed loads.

How is the above code relevant to the violation?
They are saying it does not meet code so it was not a safe access point.

I know you are frustrated but it matters not what you did before what matters now is that codes enforcement found problems and you have to fix it.

You can also do as suggested and take them to court after you re rent the place and make them pay for all lost rent plus advertising fees and any other fees you incur
__________________
Quote:
Originally Posted by acmb05 View Post
Rex Harrison (Higgins): : The question is not whether I've treated you rudely but whether you've ever heard me treat anyone else better..

Last edited by acmb05; 02-13-2008 at 10:12 PM.
Reply With Quote
  #15  
Old 02-13-2008, 10:17 PM
Senior Member
 
Join Date: Feb 2007
Posts: 2,461
Ignore ACMB05 with him it's always the LL's fault.
__________________
In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 03:59 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.