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Nm landlord pattern of negligent management retaliated

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FarmerJ

Senior Member
The subject line gave a good hint at what your having a problem with BUT If this is repair related have you called your city building inspections desk to get someone out to verify any needed repairs and order the LL to get them done ? ( last have you checked your states landlord tenant laws in your state govt web pages to learn what your state laws have to say about retaliation by landlords ? Please do include more details when you reply in the main reply part since the subect line only let you say so much .
 

Charlope

Member
The pattern of negligent management started when I requested to have the air conditioner repaired on the day i moved in
The subject line gave a good hint at what your having a problem with BUT If this is repair related have you called your city building inspections desk to get someone out to verify any needed repairs and order the LL to get them done ? ( last have you checked your states landlord tenant laws in your state govt web pages to learn what your state laws have to say about retaliation by landlords ? Please do include more details when you reply in the main reply part since the subect line only let you say so much .
 

Charlope

Member
The repair wasn't completed until July 2020 the landlord retaliated against us when we call the fire marshal to have a light in the stairwell repaired they made the repair but the light went out several times. After the fire marshal was called the landlord stated our rent was past due and refused to accept payments they took us to court saying that we did not make the payments but we did and they said they would dismiss the the case however there was a tree that fell on my car and they refuse to give me their insurance company name so that I can file the claim I need to find out if I should order them to file a claim or to disclose the insurance company information. Id asked a Tree Experts to give me their opinion regarding the condition of the tree. They stated the tree was dying from the inside out
 

Just Blue

Senior Member
The repair wasn't completed until July 2020 the landlord retaliated against us when we call the fire marshal to have a light in the stairwell repaired they made the repair but the light went out several times. After the fire marshal was called the landlord stated our rent was past due and refused to accept payments they took us to court saying that we did not make the payments but we did and they said they would dismiss the the case however there was a tree that fell on my car and they refuse to give me their insurance company name so that I can file the claim I need to find out if I should order them to file a claim or to disclose the insurance company information. Id asked a Tree Experts to give me their opinion regarding the condition of the tree. They stated the tree was dying from the inside out
When did you move in?
Were you late on your rent payment? In what manner do you pay rent? Check? Money order? Cash?
File with your own insurance company for the damage to your car and let them deal with the LL.
 

Charlope

Member
The whole tree did not do not fall on my car just a very large limb fell
Landlord said that the tree limb fell as a result of an act of God. The grounds are maintained weekly and trees trimmed regularly why they would have let this tree get so huge that the weight of the limb would causes the limb to fall.
 

Charlope

Member
When did you move in?
Were you late on your rent payment? In what manner do you pay rent? Check? Money order? Cash?
File with your own insurance company for the damage to your car and let them deal with the LL.
moved in September 2019 no I was not late on the rent the rent was paid with a cashier's check
 

Just Blue

Senior Member
The whole tree did not do not fall on my car just a very large limb fell
Landlord said that the tree limb fell as a result of an act of God. The grounds are maintained weekly and trees trimmed regularly why they would have let this tree get so huge that the weight of the limb would causes the limb to fall.
What kind of tree is it? What was the "act of God"?
 

Zigner

Senior Member, Non-Attorney
Why do you believe that the LL is liable for the damage to your car? Did he have knowledge of the diseased state of the tree? If it was "dying from the inside out", then how would the LL know? In any case, if you want to go after the LL, then sue the LL. There is nothing that requires the LL to even report this to their insurance company.

As for the light in the hallway...why would you call the fire marshal?
 

Zigner

Senior Member, Non-Attorney
Is there a way for me to attach a photo
There's no need to attach a photo. You haven't said anything that would lead anyone to believe that the LL knew about the possibility probability of the limb falling. (Just being "possible" isn't enough - anything is "possible".) If you think that he should have known just because it was a big limb, then you have to accept the same level of responsibility. Why would you park under a tree limb that was so obviously ready to fall?
 

Zigner

Senior Member, Non-Attorney
Bottom line: Your rent and the damage to your car are separate matters. You can't withhold rent over this matter, and if you do, then you can be evicted.

EDIT: Of course, if any current eviction moratoriums apply to you, then you won't be evicted while they are in place. You will still owe the money.
 

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