Landlord nightmares and breaking a lease

[hallsofvallhall]

So video proof doesn't count? Only a police report?

 

[FarmerJ]

In landlord tenant matters things like non payment of rent are slam dunk, noise complaints lease violations by either party to the lease lack of notice for non emergency entry are things that take hard proof and more than on incident so like if a LL enters with out notice once and is caught by a nanny cam the tenant can send the LL a certified complaint telling the LL ` I have video recording that includes date and time that tells me you entered my unit on X @ X time and I had not submitted to you any repair request so this is a notice to you that a reasonable notice to me before entering you are violating my privacy. In that spot if the LL did not do it again then NO problem , but if a LL did enter many times and there was so called proof like a nanny cam , its the many times that shows a court that there is indeed a problem. Same way with noise complaints if the LL were to use noise complaints as a claim to ask a court to evict a tenant then the LL needs police reports to prove it and not just one single incident since more than one would show a court a pattern. If the house you rent had the septic system go into failure again and you up and moved because of it how would you prove to a court that the house was not liveable, by getting inspections in there and if the home is condemned so be it then your lease is canceled by condemnation and your LL cant do squat about it other than fix it or leave it sit empty til they can fix it or sell it empty. Its up to you how you choose to deal with this , but a good choice that will not lead to you having to buy your way out of this lease is to give notice NOW that you will not renew and you will be gone by the end of the lease ( via certified mail ) then you can move when its nicer, take your time to clean and take pics of the general condition of this home and how clean you leave it. Then should there be any disputes about your deposit you can bring to court your pics if you have to sue the LL because the LL has not been fair about deductions.

 

[hallsofvallhall]

The landlords just sent me an email stating we cannot place a pods in the driveway until we sign a admendment to the lease.

Can they tell us we cannot place a pods in OUR driveway? We rent the house and the land.

 

[Ohiogal]

The landlords just sent me an email stating we cannot place a pods in the driveway until we sign a admendment to the lease.

Can they tell us we cannot place a pods in OUR driveway? We rent the house and the land.

Yes they can.

 

[hallsofvallhall]

How? There is nothing in the lease about that.

 

[RRevak]

Look, now you're just being difficult to be difficult. Stop rocking the boat and wait out your lease then move. Unless you want to be hit with a judgement for unpaid rent because you didn't bother to properly and legally document WHY you began witholding.

 

[hallsofvallhall]

So they are telling me I cannot place a pods on the property and you are telling me I am the one being difficult?

This is a legal advice forum. I am asking why they can do that legally. Someone please explain.

 

[Gail in Georgia]

Print out where the lease SPECIFICALLY says you're renting the land.

Gail

 

[Ohiogal]

So they are telling me I cannot place a pods on the property and you are telling me I am the one being difficult?

This is a legal advice forum. I am asking why they can do that legally. Someone please explain.

Because there is no law against them saying that.

 

[hallsofvallhall]

K let me rephrase. Can they stop me from putting the pods out there? If they do isn't that trapping us in the house? How can we leave if they do not allow us to place a temporary storage unit? Can they literally come in my driveway and tell a pods driver to leave? If they can then how can they not do that with guests, or my car, or anything?

 

[FarmerJ]

Hall , the pod is where others and I will not agree , Im of the line of thought that if a landlord wants a rule on use of something then it has to be written into a lease, SO if you rented a home and it has a second garage and LL wants that for own use it must be in writing other wise when one rents the address and all that go with it are for tenant use ( unless there are exclusions) so if your LL did not want a pod or a RV or a boat on trailer or a ice fishing house or any other removable item on that driveway LLS intent must be in writing, If you do it anyway stand up to this bully and tell them flat out ` show me in my lease where it regulates what I cannot put on the driveway! If they come over when a pods unit is being dropped tell them to leave and if they do not then call the police , If they attempt to tell the pods driver to stop record them outside as you tell them again `show me right now in the lease where it says that I cant do this` ( if the pod unit damages the driveway yes your responsible ) Stop permitting this bully landlord from getting your goat , stand up and start saying NO !

 

[hallsofvallhall]

Thank you so much for that reply. That is what I needed to hear.

 

[STEPHAN]

How is the property described in the lease? If it is referenced with an address and it’s a single family home I fully agree with Farmer.

Time to stand up to that guy. Friendly, but demanding.

 

[hallsofvallhall]

Here are a few things I found strange on the lease

http://s22.postimg.org/ujsea98bl/leasestuff.png

In Kansas you cannot say on the ease that the lease will be forfeited due to non payment of rent. Also they have a clause that we can have peace only if we pay rent on time?

 

[FarmerJ]

Courts do not enforce lease terms that have a tenant give up a right or where the lease terms violate a state or fed law. #2 quiet enjoyment tied to paying the rent, I cant see a court saying a LL has the right to deny quiet enjoyment if the rent is not paid, the LL has the right to take the non payer into court get the payment or a eviction #5 the last one 14 in many places would not be enforced since Landlords are to maintain a property in a way that keeps it usable and it is not likely that a court is going to grant to a landlord a big spendy repair bill against a tenant for things like furnace replacements or septic / well failures, so Id say to you since your lease says where you can park put a pod where you can park and if the LL has a fit about it again insist on them showing you what part of the lease says you cant and pretty much start ignoring this LL and if this LL does anything against the law like trying to lock you out with out a court order sue them & you file a police report!