Did I do something illegal? Renter rights?

[dnightowl]

In February 1999 my family rented an apart- ment(daylight basement). Landlord explained it was in poor condition because of the previous tenants. It was a mess, damp with piles of trash throughout, but we really wanted a place in our children's current school dist., so we cleaned up the place. We were told by the landlord he had no money to improve any of his many rentals. We wanted a clean environment for our children, & spent almost $2000 of our own, replaced all the carpet, repaired molded out sections of walls and made the apartment "livable". We discussed a two-year lease but never signed paperwork. Took over a month to fix up enough to move in (we paid rent for this time period). Within 2 weeks, the septic started backing up into the tub my husband had just installed. Landlord said this was because there were too many people in the upstairs apartment. He had the septic pumped after about a week of having the upstairs neighbors sewage (vomit, etc.) in our tub. The same thing happened again after only a month. Upstairs tenants moved out, new tenant in. Septic backed up at least 6 times in a year. We were very careful with water usage, but apparently leach lines were bad. Last straw was when we had several days of rain, a tub full of sewage, and water coming up under the new carpet in every corner of the apartment. We have a young son who (not surprisingly) suffered terrible respiratory problems the whole time we were there. Called the landlord, said we're out of here & feel you knew about the problems when we moved in. Landlord denied knowledge. The entire year was stressful with the constant sewage problem and concerns for health, we were happy to leave but angry we had been allowed to invest our time and money. That would be the end, but got involved again when I discovered the landlord had not repaired the problems or divulged info. to a young (pregnant) prospective tenant. I called the lady and told her only the facts of what we had encountered. Message on my phone today threatening lawsuit by landlord. Wish someone had warned us! Was I wrong?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dnightowl:
In February 1999 my family rented an apart- ment(daylight basement). Landlord explained it was in poor condition because of the previous tenants. It was a mess, damp with piles of trash throughout, but we really wanted a place in our children's current school dist., so we cleaned up the place. We were told by the landlord he had no money to improve any of his many rentals. We wanted a clean environment for our children, & spent almost $2000 of our own, replaced all the carpet, repaired molded out sections of walls and made the apartment "livable". We discussed a two-year lease but never signed paperwork. Took over a month to fix up enough to move in (we paid rent for this time period). Within 2 weeks, the septic started backing up into the tub my husband had just installed. Landlord said this was because there were too many people in the upstairs apartment. He had the septic pumped after about a week of having the upstairs neighbors sewage (vomit, etc.) in our tub. The same thing happened again after only a month. Upstairs tenants moved out, new tenant in. Septic backed up at least 6 times in a year. We were very careful with water usage, but apparently leach lines were bad. Last straw was when we had several days of rain, a tub full of sewage, and water coming up under the new carpet in every corner of the apartment. We have a young son who (not surprisingly) suffered terrible respiratory problems the whole time we were there. Called the landlord, said we're out of here & feel you knew about the problems when we moved in. Landlord denied knowledge. The entire year was stressful with the constant sewage problem and concerns for health, we were happy to leave but angry we had been allowed to invest our time and money. That would be the end, but got involved again when I discovered the landlord had not repaired the problems or divulged info. to a young (pregnant) prospective tenant. I called the lady and told her only the facts of what we had encountered. Message on my phone today threatening lawsuit by landlord. Wish someone had warned us! Was I wrong?<HR></BLOCKQUOTE>

No, you were not wrong. The landlord was just scamming yet another tenant. What can the landlord sue you for, telling the truth to his tenant? Presuming you took photos and have documentation of all the problems, the landlord would be crazy to take you to court with all the evidence you have against him. Send a certified letter to him that if he does file any legal action, you will file huge counterclaims including but not limited to numerous violations of the State L/T code, violations of the building and housing code, local zoning and City/County/State/Federal health code violations, violations of the HUD Minimum Property Standards, fraud, misrepresentation, etc. and demand reimbursement of monies you spent to improve the property. Make sure you read the L/T sections to be sure you are in a good position with respect to payment of rent and giving proper written notice to vacate.

 

[Prairielaw]

I applaud you for what you did. As long as you were truthful, and I am sure you were, I do not see any liability. I would be cautious about sending any letters saying that the landlord will be reported if they do this that or the other thing. That can get you into trouble sometimes. I would just go ahead and report to the inspection agency for housing in your city. If you can not find the number in the phone book, call the city clerk's office.

Law on, Kevin

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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."