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Can we be evicted for requesting repairs be delayed?

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StephenJD

New member
My roommates and I are renting a house in Meridian, Idaho. We've had some issues lately with plumbing and water leaks since late October that necessitated contractors being brought in and the two roommates who use the affected rooms leaving for a motel for the duration of the work. Twice.

However, the contractors used were subpar. So much so that the landlord, he's told us, has had to literally hunt them down to settle things and seems to be in a lawsuit with them. Also so much that, after examining things himself, the landlord declared the work will have to be redone entirely and wants to do a week's worth of work starting December 27.

Having already been forced to leave twice in as many months because if this, my two roommates, a couple, are not pleased. This whole fiasco has already marred Halloween and Thanksgiving and, while it won't directly hit Christmas, we'd still like to have New Year's too.

So we pushed back a little. As our spokesman to the landlord, I asked if the work could be delayed a little bit, if it really has to be done right now. The landlord's response was to say that he had to get it done as immediately as possible because of Idaho code and, if we won't let him, he'll have to give us our thirty days' notice because the house is unlivable.

We're not opposed to the work being done and we're not trying to be unreasonable. Quite the opposite, in fact. The two roommates who have had to leave because of all this have a pre-planned trip out of town for a week mid-January, so I passed along a request to see if the fixes could be delayed until then so that everyone can get what they want/need with as little fuss as possible.

I've not yet heard back from the landlord about that. He can be a bit of a flake on responding but I plan to prod him after I'm done with this post. However, he's been insistent on doing this all ASAP. He's in the military and currently home, so we suspect he might be trying to wrap it all up before he redploys. Alternatively, he and his wife, who we work with when he's not available, have been just a tad too quick to offer to opportunities to break the lease without penalty while expressing a desire to live in the house themselves again. That's made us wonder if they aren't just trying to push us out any way they actually can, despite their denials when asked about it.

If nothing else, my roommates want to enjoy Christmas and New Year's without this mess causing us problems. We have no major issue with the work being done besides that, but the landlord is determined not to wait and, if he follows through, is prepared to evict us over it.

Hopefully he'll go for my compromise and this post will be a false alarm, but if not do we have any recourse? He claims it's Idaho law forcing the issue but everything I could find in my (admittedly meager) research suggested that was only an issue if we were complaining about work not being done. Does Idaho law impose some deadline or timliness requirement that I'm not aware of? Is my two roommates' desire to not be forced out three times within as many months so unreasonable, so out of line, that work can't be delayed until at least after New Year's?

Thank you in advance.

Edit to add: The landlord did not go for the delay. He insists work begin on the 27th and refused to make any sort of accommodation for the inconvenience. When I pressed, he basically said "Sounds good I'll bring over your 30 day, please start looking for a new place to live. "

Update: The landlord has pretty much said "it's my way or the highway" do things his way, or be forced out. For now we've opted to go along to get along but I do wonder what recourse, if any, we have for everything that's happened.
 
Last edited:


Shadowbunny

Queen of the Not-Rights
My roommates and I are renting a house in Meridian, Idaho. We've had some issues lately with plumbing and water leaks since late October that necessitated contractors being brought in and the two roommates who use the affected rooms leaving for a motel for the duration of the work. Twice.

However, the contractors used were subpar. So much so that the landlord, he's told us, has had to literally hunt them down to settle things and seems to be in a lawsuit with them. Also so much that, after examining things himself, the landlord declared the work will have to be redone entirely and wants to do a week's worth of work starting December 27.

Having already been forced to leave twice in as many months because if this, my two roommates, a couple, are not pleased. This whole fiasco has already marred Halloween and Thanksgiving and, while it won't directly hit Christmas, we'd still like to have New Year's too.

So we pushed back a little. As our spokesman to the landlord, I asked if the work could be delayed a little bit, if it really has to be done right now. The landlord's response was to say that he had to get it done as immediately as possible because of Idaho code and, if we won't let him, he'll have to give us our thirty days' notice because the house is unlivable.

We're not opposed to the work being done and we're not trying to be unreasonable. Quite the opposite, in fact. The two roommates who have had to leave because of all this have a pre-planned trip out of town for a week mid-January, so I passed along a request to see if the fixes could be delayed until then so that everyone can get what they want/need with as little fuss as possible.

I've not yet heard back from the landlord about that. He can be a bit of a flake on responding but I plan to prod him after I'm done with this post. However, he's been insistent on doing this all ASAP. He's in the military and currently home, so we suspect he might be trying to wrap it all up before he redploys. Alternatively, he and his wife, who we work with when he's not available, have been just a tad too quick to offer to opportunities to break the lease without penalty while expressing a desire to live in the house themselves again. That's made us wonder if they aren't just trying to push us out any way they actually can, despite their denials when asked about it.

If nothing else, my roommates want to enjoy Christmas and New Year's without this mess causing us problems. We have no major issue with the work being done besides that, but the landlord is determined not to wait and, if he follows through, is prepared to evict us over it.

Hopefully he'll go for my compromise and this post will be a false alarm, but if not do we have any recourse? He claims it's Idaho law forcing the issue but everything I could find in my (admittedly meager) research suggested that was only an issue if we were complaining about work not being done. Does Idaho law impose some deadline or timliness requirement that I'm not aware of? Is my two roommates' desire to not be forced out three times within as many months so unreasonable, so out of line, that work can't be delayed until at least after New Year's?

Thank you in advance.

Edit to add: The landlord did not go for the delay. He insists work begin on the 27th and refused to make any sort of accommodation for the inconvenience. When I pressed, he basically said "Sounds good I'll bring over your 30 day, please start looking for a new place to live. "
If you're in a month-to-month tenancy, then you're not being evicted, you're being given the legal, 30-day notice.
 

FarmerJ

Senior Member
Store a extra copy of the original lease away from the home and then re read the lease and look for wording that allows the LL to end the lease early and if there is none and you don't want to leave - move -give up possession of the unit then first thing I gotta ask is what is the nature of the repairs ? will the water be off ? will the electric be off? will the gas be off? is the bathroom going to be torn up ? Had you thought about calling your city -county to learn what things they require permits for ?
 

Gail in Georgia

Senior Member
Please keep in mind that the landlord does not need your permission in the first place to address what appears to be serious repair issues. While this is frustrating for both you folks as tenants it's also been a challenge for the landlord.

Can he terminate your lease? If he is claiming the unit is now unsafe to live in and can back this up with evidence then either the repair needs be addressed ASAP or the tenants must vacate an unsafe living environment.

A better question for your roommates is whether the landlord should be compensating them for their hotel expenses during the repair time.

Gail
 

FarmerJ

Senior Member
Just so your clear on this , even if its repair related your LL cannot just end your lease with a 30 day notice unless the original lease allows it. SO its truly up to you as to what to do, if the lease doesn't let the LL end it early and you don't want to leave feel free to learn if permits are required for the work the LL is going to do then make a choice as to telling the city about the repairs being done if a permit is needed. Feel free after storing a copy of your lease away from the house to tell the LL the current lease you are in doesn't give them the right to terminate it the way they want to so you called building inspections about the lack of permits since your not planning on going anywhere . Hotel /motel rental is a tough issue because the amount of money to stay there can be rather spendy and the LL would have been better off to offer a rent reduction during the repair , Many tenants seem to think that a landlord should have to pay for their temporary housing but in reality there are just a few places where that sort of thing can be required of a landlord and if it were in your state then your landlord would already know it and it would be in your states statutes for landlord and tenant for all to see. Your LL can claim its not safe to live there all he wants but ultimately this is up to your city / county inspections which is why you should talk to them because if the LL is not willing to make sure repairs meet code while your living there then inspections can make sure that the repairs do meet code or refuse to allow anyone to live there and condemn it which would end your lease to the LL.
 

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