Owner refuses to repair, agency said we have to move, what are our rights?

[jplaw0821]

Nevermind them... You are correct in your assumption...

You need to double check with your management company if moving out will violate your lease. While they may be trying to look out in your best interest, sometime they give bad advice which tenants blindly follow. You will need to read your lease to determine if moving will violate your lease terms. Remember, the management company works for LANDLORD, NOT YOU!

Request a lease release form from the management that has the owners signature. If they do NOT provide this, you are NOT released from your lease!

Just curious, everything in the lease state4s the lease is through the management company, there is nothing in it that mentions the homeowners. Does that change what you stated? I have no way of contacting the owners, that is part of the problem. The owners live in Hong Kong and they are no longer communicating/or haven't been with the management company. I am to call them tomorrow as they were giving them until then to respond about the whole situation. They are also being sued for not paying for the new carpet or any repairs done to the home since we have lived here. She stated that they hadn't had any problems with the owners of the home until we moved in, go figure.

 

[marcdonovan]

Seems that you have convinced yourself that you are not staying no matter what. Not my decision, but I think you should think again.

Your leasing company, as the agent for the owner, is responsible to repair these items. If they don't do that, you can do the repairs yourself (or hire it done) and send the bill in with your next rent check, which will be reduced by the amount of the repairs.

You have a lease with the agent of the owner and they cannot just up and terminate the lease. It does not matter if they are not able to get in touch with the owner. That is not your problem. It is theirs.

Have a carpenter replace the door with a brand new one from Home Depot. The same with the window. Call a tree person to cleanup the mess. Call a plumber to fix your shower. Deduct all of this from the rent. Done.

I guarantee you it will be much less out-of-pocket than moving again. Plus you get it all back on the 1st of the month.

Be sure to document all of this by having the workers written statements that the items need to be replaced and take photos of the before and after. Keep all of the receipts and only send copies. This may turn into a non-payment-of-rent dispute and you will need to prove your case, so be prepared to do so.

 

[Cvillecpm]

"....Your leasing company, as the agent for the owner, is responsible to repair these items. If they don't do that, you can do the repairs yourself (or hire it done) and send the bill in with your next rent check, which will be reduced by the amount of the repairs." WRONG

The property manager is NOT responsible for making repairs to a PROPERTY THEY DO NOT OWN. They have offered a very reasonable solution to the situation that OP SAW when they viewed the property.

OP can use the laws OF THE STATE WHERE THE PROPERTY IS LOCATED (most states do NOT allow repair/deduct or rent withholding); however, they will probably loose their security deposit AND have a court case on their record....their moving to another property is the win-win they should select and inspect the property more thoroughly next time.

 

[jplaw0821]

"....Your leasing company, as the agent for the owner, is responsible to repair these items. If they don't do that, you can do the repairs yourself (or hire it done) and send the bill in with your next rent check, which will be reduced by the amount of the repairs." WRONG

The property manager is NOT responsible for making repairs to a PROPERTY THEY DO NOT OWN. They have offered a very reasonable solution to the situation that OP SAW when they viewed the property.

OP can use the laws OF THE STATE WHERE THE PROPERTY IS LOCATED (most states do NOT allow repair/deduct or rent withholding); however, they will probably loose their security deposit AND have a court case on their record....their moving to another property is the win-win they should select and inspect the property more thoroughly next time.

Okay so I understand what you are saying; however, I am not a home inspector, I am a tenant. Therefore, I had no way of knowing the home had a rotted door and window, there was no apparent/obvious sign of this when I moved in. It isn't like tiles were laying on the tub when we moved in or that the dishwasher was leaking. The only problem I was outright aware of was the tree's from the icestorm that occured a couple of days prior to move in. That is why people have a home inspection done before buying a home, to look for problems deeper than what is seen by the average homeowner when walking through the home. If I would have known about all of the issues, we wouldn't have moved in.
As far as repair and deduct, I had read up on that. But, even if it is legal, there is a maximum limit on the cost of repairs. If you go above that, the landlord is not obligated to accept the charges for repair and can sue. There are just too many risks involved in that process.

 

[marcdonovan]

WRONG

The property manager is NOT responsible for making repairs to a PROPERTY THEY DO NOT OWN. They have offered a very reasonable solution to the situation that OP SAW when they viewed the property.

OP can use the laws OF THE STATE WHERE THE PROPERTY IS LOCATED (most states do NOT allow repair/deduct or rent withholding); however, they will probably loose their security deposit AND have a court case on their record....their moving to another property is the win-win they should select and inspect the property more thoroughly next time.

Maybe you are not reading very closely. Pay attention. The lease is between the OP and the agent. Nowhere on the lease does it have the owner. Can you see now how the agent would be responsible for his end of the bargain? The owner is not a party to the agreement and has never promised anything to anyone other than his agent. He may be ultimately responsible for the whole mess, but he is not a party to the agreement at hand. We have no idea what relationship the owner has with the agent, but that is irrelevant.

They are not offering a reasonable solution. This is the opinion of the OP. Who are you to say it is or is not?

They are forcing the OP to pay to move again. Personally, this would not be acceptable to me were I in the OP's shoes.

They cant just say boom and the lease is done. They are required to keep their end of the bargain. Not having seen the lease, I can't say for sure, but Im sure it says something along the lines that they will keep it in good repair. Im sure this includes doors and windows that operate correctly and are sealed to the elements.

"most states do NOT allow repair/deduct or rent withholding"
Im not talking about state law, Im talking about common law. Look, if OP was evicted for non-payment over this, both of them would be standing in front of the magistrate presenting their respective sides. OP has proof that agent was in breach (and in fact violating Kentucky statute 383.595) by not keeping the place habitable. OP cured that and sent the bill as a portion of the rent. OP shows 8x10 glossies with circles and arrows and a paragraph on the back of each one. The agent would not have squat to say. What do you think will happen here? Im thinking they would send the agent to sit on the group W bench. I am not certified like you are, so I'm not really qualified to predict, but I have been in eviction court more times than I can remember.

383.595 Landlord's maintenance obligations and agreements.
(1) A landlord shall:
(a) Comply with the requirements of applicable building and housing codes
materially affecting health and safety;
(b) Make all repairs and do whatever is necessary to put and keep the premises in
a fit and habitable condition;
(c) Keep all common areas of the premises in a clean and safe condition;
(d) Maintain in good and safe working order and condition all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities
and appliances, including elevators, supplied or required to be supplied by
him; and




383.625 Noncompliance by landlord.
(1) Except as provided in KRS 383.505 to 383.715, if there is a material
noncompliance by the landlord with the rental agreement or a noncompliance with
KRS 383.595 materially affecting health and safety, the tenant may deliver a written
notice to the landlord specifying the acts and omissions constituting the breach and
that the rental agreement will terminate upon a date not less than thirty (30) days
after receipt of the notice if the breach is not remedied in fourteen (14) days, and the
rental agreement shall terminate as provided in the notice subject to the following:
(a) If the breach is remediable by repairs, the payment of damages or otherwise
and the landlord adequately remedies the breach before the date specified in
the notice, the rental agreement shall not terminate by reason of the breach.
(b) If substantially the same act or omission which constituted a prior
noncompliance covered by subsection (1) of which notice was given recurs
within six (6) months, the tenant may terminate the rental agreement upon at
least fourteen (14) days' written notice specifying the breach and the date of
termination of the rental agreement.
(c) The tenant may not terminate for a condition caused by the deliberate or
negligent act or omission of the tenant, a member of his family, or other
person on the premises with his consent.
(2) Except as provided in KRS 383.505 to 383.715, the tenant may recover damages
and obtain injunctive relief for any noncompliance by the landlord with the rental
agreement of KRS 383.595.
(3) The remedy provided in subsection (2) is in addition to any right of the tenant
arising under subsection (1) of this section.
(4) If the rental agreement is terminated, the landlord shall return all prepaid rent.

 

[Alaska landlord]

The contract for lease with the leasing company was negotiated and may only extend to leasing and collecting the first months rent. Regardless, the leasing company cannot do repairs without permission from the owner. If done, the owner may sue or refuse to pay. OP can stay, go, do nothing, or just whine on this website.. I think he is content with the latter.

P.S. Most leases have a clause that states that the LL will not be responsible for moving cost for various covered reasons. I would not be surprised if there isn't a similar clause in OP's contract.

 

[jplaw0821]

the contract for lease with the leasing company was negotiated and may only extend to leasing and collecting the first months rent. Regardless, the leasing company cannot do repairs without permission from the owner. If done, the owner may sue or refuse to pay. Op can stay, go, do nothing, or just whine on this website.. I think he is content with the latter.

P.s. Most leases have a clause that states that the ll will not be responsible for moving cost for various covered reasons. I would not be surprised if there isn't a similar clause in op's contract.

just so you know....i am a "she" and for the record, i thought this site was for posting situations you needed help/assitance with. I am in no way here to whine, was just here for advice. If you have nothing better to do then sit at your computer and use your swollen head to try and beat people down and belittle them because they do not have the same/supposed experience as you, then you should find something better to do with your time. The last post hit it right on the head btw! You are not a very nice person at all and it irritates me to know that people are not welcome here because of juvenile/belittling comments such as yours. I am merely a mother with a family and trying to do the right thing for us. If i am at fault for that, then sue me (no pun intended). Oh yeah, and since when is outlining the issues as hand constituted as whining...if you are a lawyer, i am sure that you expect your clients to be honest and break down the situation and leave nothing out. Hmmmm...... You have a wonderful day.

 

[jplaw0821]

The contract for lease with the leasing company was negotiated and may only extend to leasing and collecting the first months rent. Regardless, the leasing company cannot do repairs without permission from the owner. If done, the owner may sue or refuse to pay. OP can stay, go, do nothing, or just whine on this website.. I think he is content with the latter.

P.S. Most leases have a clause that states that the LL will not be responsible for moving cost for various covered reasons. I would not be surprised if there isn't a similar clause in OP's contract.

And PS...I am not an idiot, I have read the lease front to back numerous times and it states just what the last post states and nowhere in the lease does it state ANYTHING about moving expenses. Just...so you know.

 

[MSUdom5]

just so you know....i am a "she" and for the record, i thought this site was for posting situations you needed help/assitance with. I am in no way here to whine, was just here for advice. If you have nothing better to do then sit at your computer and use your swollen head to try and beat people down and belittle them because they do not have the same/supposed experience as you, then you should find something better to do with your time. The last post hit it right on the head btw! You are not a very nice person at all and it irritates me to know that people are not welcome here because of juvenile/belittling comments such as yours. I am merely a mother with a family and trying to do the right thing for us. If i am at fault for that, then sue me (no pun intended). Oh yeah, and since when is outlining the issues as hand constituted as whining...if you are a lawyer, i am sure that you expect your clients to be honest and break down the situation and leave nothing out. Hmmmm...... You have a wonderful day.

Unfortunately, this is the kind of response the people on this forum fish for. I read this forum once and a while for entertainment. I see very little real advice, but lots of belittling and smart aleck responses. The people who make these responses are completely worthless, pathetic people. However, I guess I'm thankful that they have this forum to make their lives feel worth living.

Sorry about your situation, and sorry you weren't able to find the help here you were looking for.

 

[Alaska landlord]

Uhhh! You have mortally wounded me.
Seriously, how long before you make a decision? I would have thought that if the conditions were as serious as you claim, you would have moved by now, or at least started repairs.

 

[jplaw0821]

Uhhh! You have mortally wounded me.
Seriously, how long before you make a decision? I would have thought that if the conditions were as serious as you claim, you would have moved by now, or at least started repairs.

My point was not to mortally wound you smarty, it was to simply express your ignorance.

Oh yeah, and the agency is repairing the door and the tiles and deducting it from my rent when I send it in and we are still moving.. good day "sir."

 

[Alaska landlord]

Unfortunately, this is the kind of response the people on this forum fish for. I read this forum once and a while for entertainment. I see very little real advice, but lots of belittling and smart aleck responses. The people who make these responses are completely worthless, pathetic people. However, I guess I'm thankful that they have this forum to make their lives feel worth living.

Sorry about your situation, and sorry you weren't able to find the help here you were looking for.

This from someone that hasn't the sense to go to post office for a key to his mail box, and then expects the landlord to pay for it.

 

[Alaska landlord]

My point was not to mortally wound you smarty, it was to simply express your ignorance.

Oh yeah, and the agency is repairing the door and the tiles and deducting it from my rent when I send it in and we are still moving.. good day "sir."

So glad it only to you three days to make a simple decision to move. I guess my advice was worth following and not as ignorant as you claim.

 

[jplaw0821]

So glad it only to you three days to make a simple decision to move. I guess my advice was worth following and not as ignorant as you claim.

Actually I didn't take your advice, I said from the get go that we were moving and was simply asking about moving costs. Which, by the way, they are now taking care of. Although I enjoyed reading your degrading responses, it also caused me to ignore any relevant information you may have said.

 

[marcdonovan]

OK, if you guys are done kicking each other in the teeth...

The contract for lease with the leasing company was negotiated and may only extend to leasing and collecting the first months rent.

How could you possibly know that?

Regardless, the leasing company cannot do repairs without permission from the owner.

or that?

An agent can act in the name of his client. When he does that he binds his client to whatever he commits to in his name. This is basic agency law.

P.S. Most leases have a clause that states that the LL will not be responsible for moving cost for various covered reasons. I would not be surprised if there isn't a similar clause in OP's contract.

But the agent broke the lease, so the lease is irrelevant. OP needs to be made whole. Otherwise OP can drag his butt to court and get the lease canceled.