can this happen?

[sdgirl]

What is the name of your state? South Dakota
I posted before about the heat problem and now my situation has gotten worse. Here is whats happening. This apartment has a serious mold problem due to a leaky roof that was never fixed even though the landlord has known about it for 3 months. There is no city building inspector here and everywhere I call they say I would have to hire an inspector to investigate the mold. I don't plan on staying here so that is not a priority, I just wondered if anyone had any ideas for someone to get that fixed if they cant afford an enviromental firm. And back to the heat problem. Stupidly we withheld rent this month (I know now that it should have gone into a seperate account, can't go back in time). We wanted not only the mold fixed, but also a 14inch gash in the ceiling through which water flows through when it rains (also landlord knew about for 3 months), and we wanted gas turned back on, since our lease states we are paying for gas in our rent. I forgot to mention that gas was turned off March 9. I wrote a letter, sent certified, citing South Dakota law that landlord cannot turn off gas or is liable for 2 months rent and return off security deposit ( which she agreed to partial payment of and no pay off time was set, we pay a little every month). I wrote that if she did not want to make repairs we would accept that and agree to move out. Today she left a message stating that because we did not pay all security deposit nor April rent that she is taking us to court to recover remainder of deposit, unpaid rent and all legal fees. Maybe we didn't approach this right but can she do this and win?

 

[Cvillecpm]

95% yes - you need to move before she can serve you eviction paperwork and don't leave a forwarding address with USPS unless it is a pobox. You appear to have done EVERYTHING wrong.

 

[sdgirl]

What is EVERYTHING? Do we have no rights now even though our lease states gas is included in rent and South Dakota law states a landlord may not turn off essential services, gas being one of them? Is it not retalitory that my letter asked for things to be fixed so she files for eviction? I never demanded anything. I asked for things to be fixed or to give us our due according to the South Dakota Attorney General's Consumer Handbook. How did I do EVERYTHING wrong? And also Cvillecpm, why in another post wherein a landlord did not receive April rent and shut off heat, did you tell the tenant to sue the landlord? Is my case SO different? And what is the reasoning behind not leaving a forwarding address other than P.O. BOX?

 

[sdgirl]

Can anyone else weigh in on this matter so I have more information than a vague accusation on having done EVERYTHING wrong?

 

[acmb05]

Can anyone else weigh in on this matter so I have more information than a vague accusation on having done EVERYTHING wrong?

You need to counter sue the landlord, by the landlord having the gas shut off that is illegal. You should counter sue for all the law allows.

What you did wrong was not follow the law on withholding rent. You would have to go to your states LL/T laws and even see if that is allowed.

Call the County code inspector and complain to them.

 

[Cvillecpm]

You did not hire an inspector so you have no independent third party evidence of mold or roof leak;

You did not determine if SD L-T laws allow for rent withholding and if they do, the rent must be PAID as the statute requires and that most certainly does not mean keeping it in your bank account;

You are in default in your lease by not having paid the installments on your deposit payments.....need I go on?.

 

[sdgirl]

Cvillecpm- nowhere did I state that I didn't make payments on deposit. I DID. I believe that the only thing I did do wrong was improperly withholding of rent. It should have been put into a seperate account. I agree I did that wrong, as acmb05 says. I did not hire an inspector for the mold but I do have photos with time and date stamp showing the mold growth and and witnesses who have seen the mold. The landlord by her own admission saw the mold. And yes Cvillecpm, I would like you to go on. I did what I thought was right (aside from the rent part) and the best way for me and others to learn is to have someone to explain exactly how what we thought was right turned out to be wrong. Also, can a landlord turn off other utilities, like electricity before an eviction is served? And does a 3 day notice include weekends? Thank you.
P.S. I now realize that Cvillecpm said not to give a forwarding address except for P.O. Box so I could not be served with papers should landlord decide to sue. I just wanted to say that I am not trying to run from my responsibilties. I have no problem paying what is due if I am in the wrong, this is not my house, I am merely renting. But I also believe that the landlord should also be held accountable for illegal actions.

 

[acmb05]

Cvillecpm- nowhere did I state that I didn't make payments on deposit. I DID. I believe that the only thing I did do wrong was improperly withholding of rent. It should have been put into a seperate account. I agree I did that wrong, as acmb05 says. I did not hire an inspector for the mold but I do have photos with time and date stamp showing the mold growth and and witnesses who have seen the mold. The landlord by her own admission saw the mold. And yes Cvillecpm, I would like you to go on. I did what I thought was right (aside from the rent part) and the best way for me and others to learn is to have someone to explain exactly how what we thought was right turned out to be wrong. Also, can a landlord turn off other utilities, like electricity before an eviction is served? And does a 3 day notice include weekends? Thank you.
P.S. I now realize that Cvillecpm said not to give a forwarding address except for P.O. Box so I could not be served with papers should landlord decide to sue. I just wanted to say that I am not trying to run from my responsibilties. I have no problem paying what is due if I am in the wrong, this is not my house, I am merely renting. But I also believe that the landlord should also be held accountable for illegal actions.

First thing I would suggest is not to argue with Cvillecpm, Although she does have many years of property management experience most of her answers are going to be ones that benefit the landlord and not the tenant.

I have almost no property management experience except for my own rentals. I do however know of several property managers here who would rather kick a person out than fix anything( we call them slum lords)

Now back to your post: As I said I would counter sue the landlord for the shutting off of the gas, and sue for what the max is under the law.

Do not just move with no forwarding address because there are other ways for a landlord to serve you that you may not get or receive and when you don't show up for court you will lose and then it will be to late to counter sue.

You can call the State housing department and they will give you a number for someone local to come and check out the mold.

If a landlord turns off utilities before an eviction is carried out that is unlawful eviction and you would be able to sue for that also. By carried out I mean they would have to win in court and then wait for the time to run out on that. They can't just serve you with papers and then cut it off.

Typically a 3 days notice does not include any days that the management office is closed.

 

[Alaska landlord]

Today she left a message stating that because we did not pay all security deposit nor April rent that she is taking us to court to recover remainder of deposit, unpaid rent and all legal fees. Maybe we didn't approach this right but can she do this and win?

If South DAkota is anything like Texas, and you have not paid your security deposit, rent or gas bill, then your LL may be able to cut off utilities.

 

[acmb05]

If South DAkota is anything like Texas, and you have not paid your security deposit, rent or gas bill, then your LL may be able to cut off utilities.

Utilities were included in her rent which she states was current when the gas was shut off.

I would like to read the law in Texas that allows this if you have a link.

 

[Alaska landlord]

If utilities are included in rent and one does not pay the rent, then it follows that one has not paid the utilities.

In Texas, If the LL pays for utilities and the tenant doesn't pay the rent then, the landlord with a 24 hr notice cut off utilities. If the tenant pays utilities directly, then the LL can't


Look it up.

In addition, the LL can also Lock out the tenant also with proper notice. As with the above, certain conditions do apply.

 

[acmb05]

If utilities are included in rent and one does not pay the rent, then it follows that one has not paid the utilities.
Ok but she said the rent WAS paid when the service was cut off.

QUOTE=Alaska landlord;1618230]In Texas, If the LL pays for utilities and the tenant doesn't pay the rent then, the landlord with a 24 hr notice cut off utilities. If the tenant pays utilities directly, then the LL can't


Look it up.

In addition, the LL can also Lock out the tenant also with proper notice. As with the above, certain conditions do apply.[/QUOTE] A lock out is unlawful eviction and as far as i know is not allowed in any state.

I will however look it up.

 

[Alaska landlord]

Yup, and you can edit your post at that time:

The lockout is a a pain in the rear and is used to force the tenant to face the landlord regarding the issue at hand. The landlord has to provide the tenant with a location of where to pick up the keys after the lock is changed.

 

[sdgirl]

In the Consumer Handbook by th South Dakota Attorney General it states that a landlord cannot turn off utilities or lock a tenant out. It doesn't state whether or not this only applies if the renter pays utilities or not. I am just assuming that because it doesn't state any exceptions that it means it holds true for any circumstance. Maybe one of you could look at that website and tell me what you think.
www.state.sd.us/attorney/office/publications/pdf/consmhb.pdf
You have to scroll down to page 46 for landlord tenant law.

 

[acmb05]

Yup, and you can edit your post at that time:

The lockout is a a pain in the rear and is used to force the tenant to face the landlord regarding the issue at hand. The landlord has to provide the tenant with a location of where to pick up the keys after the lock is changed.

I stand corrected, but what a stupid law. If I were locked out I would wait till about 1 in the morning and call to request the key. If they have to give the key to the tenant without collecting any money then what is the purpose? A confrantation? I would simply ask for the key refuse to speak any more and walk away.


Btw Texas is weird