Failure by landlord to do repairs, eviction threatened

[shadoewolfie3]

What is the name of your state (only U.S. law)? Virginia

I moved into a house the 1st of August. It was a friend who was about to go into foreclosure and my family was in a very dangerous neighborhood. Well you know the saying about things that are too good to be true.

I signed a lease in their home. It was one of those free ones printed off the Internet and pretty standard. It was not notorized. It CLEARLY stated the kitchen appliances and any repairs of $50 or more would be their responsibility. I was never furnished a copy of the ORIGINAL lease. They claimed their printer was out of toner and couldn't print a second copy of the 8 page lease, so he would take it to work the next day and photocopy it.

I called and texted repeatedly about getting a copy, I was able to pick up a re-print on Oct 1. It was not a photocopy, no signature on the bottom by either of us. I didn't realize until much later that the terms in the reprint had been changed. The reprint stated they were only responsible for CERTAIN appliances, after we had complained from the day we moved in (and the landlord acknowledged and promised to fix) the broken, moldy, dishwasher. The re-print was also changed to say that we were responsible for any repairs under $100, because we had complained about the peeling and badly cracked linoleum in the kitchen, which again the landlord said he knew about and would come out soon to replace. The carpet was a disaster and he claimed to have a professional unit to clean it and would do that for us also. Its yet to be cleaned and he threw a fit when I offered to go rent a RugDoctor and clean it myself. I have text messages between myself and the landlord where these were promised to be done over and over and over.

Supposedly the owner had another tenanat prior to us that got evicted for non-payment of rent. Because of this the landlord came in and removed that person's belongings, removed as in took everything that was left and threw it all out on the back porch. We're talking old and broken furniture, kitchen appliances, clothes, and even the food from the fridge. It was a pile almost 5 feet high and covered the entire porch. The food was rotting and gross. The landlord said over and over he would come and remove the debris but after 2 weeks of hearing that (and already terminating my lease at my old residence) we moved into the house. He promised to come within the first two weeks we were there and remove the trash. It never happened so myself and 2 friends finally threw everything away (the landlord gave us permission).

Oct 29th arrives and I receive a text message from the landlord, asking if I can pay my rent early (rent due on the 1st) because their mortgage payment was being drafted the next day. I had tried earlier that day at 10am to contact the landlord because I was in their neighborhood but I got no response until 2pm, after I had already left the area. Then they start calling me around 7pm. I was an hour and a half outside of town at a religious gathering with my family and they were demanding I drop everything and drive over there immediately to pay my rent. I refused and they got nasty, going so far as to insult my religious beliefs and make threats. They continued to text message through 11pm with garbage and this continued through Oct 30th as well.

I finally stated that I was tired of having a broken, moldy, dishwasher and cracked kitchen floor that are a health hazard to my children. And tired of the fact no matter how many times I complained they couldn't be bothered with us, until it was time to call and try and demand my rent be paid early. I requested a copy of my SIGNED lease. The original one I signed and dated on August 1st, so I could take it to the city's landlord/tenant division. My landlord went round and round, and kept offering me a re-print, first at a $5 fee, and as the situation escalated, the fee became $25. They refuse to provide me a copy of the original, which I seriously believe got lost or was destroyed. I refused to pay my rent until I got a copy of my original lease and the necessary and promised repairs to the house were made. I also plan on calling the city housing inspector first thing Monday to have the house inspected and make sure its even up to code, which I don't believe that it is. The situation then became the landlord denying he had promised to make any repairs (I have it in text messages via my phone as well as 2 witnesses who heard him acknowledge the problems and promise to fix them), he had cleaned the carpet prior to my moving in and any damage done had been my fault, and he continued to offer me a re-print of my lease. I refused to bring the rent over yesterday so they threatened to call the police and have us removed from the house for "tresspassing".

On a side note, it was my understanding the landlord was about to lose the home to foreclosure. Supposedly they were able to catch up the payments with our rent money and had filed for an "extension" with the mortgage company. In one of the calls made to me in the last couple of days they stated the money had to be electronically drafted and their extension still hadn't been approved.

On a second side note, I got a call yesterday from the landlord's wife, stating she was giving me 24 hours notice right then that she wanted to come and ispect the property. (I had offered countless times before and after we moved in to have us do a "walk through" together, the landlord never followed through). She stated that her husband couldn't come and make any repairs to the house (the ones they weren't responsible for anyway?) because her whole family is currently sick with H1N1 flu. I have two daughters with severe asthma and a son who is suspected to have cystic fibrosis, exposure to H1N1 could be lethal to him.

So now I'm wondering what the legal standing is in all this? Am I entitled to an exact copy of my signed lease or can they provide me a reprint with no signatures and the content altered? The money is in my account to pay rent but am I obligated to do so without a valid (signed) lease, and with the necessary repairs to the house having not been done? And I believe VA state law states anyone who resides in a home for 24 hours or more is entitled to due process of eviction right? Are we "tresspassing?" If their mortgage company denies their extension and decides to foreclose, am I going to have to worry about coming home from work one day and the locks being changed, and what happens then as far as my belongings and the eviction process?Can I deny the landlords wife access to the house on the account that her presence could expose my already at-risk children to a potentially deadly virus?

 

[Cvillecpm]

Allow the landlord's wife to come in, give her a list of the items that need to be repaired and indicate that since you do not have a FULLY EXECUTED copy of the written lease, you consider yourself a month to month tenant.

You need to research the Virginia landlord teant act * NOT the Virginia Residential landlord teant act....

You should have been provided with a photo copy of the fully executed lease at the time it was signed.

 

[shadoewolfie3]

Due to the H1N1 threat, do I have the right to request she wear a face mask and sanitize her hands prior to entering the residence? Exposure to the virus could cause serious complications to my children's health, especially my son who is on steriods which leave him immno-suppressed and already has respiratory issues. I have expressed this to her, she is persisting in doing the inspection right away.

I have asked what time she plans on coming over so I can at least have my son out of the house when she arrives but she refuses to tell me even an approximate time. She's also threatened to come over at 6am to do the inspection, which completely disrupts my entire house, i.e waking my children up or interferring with their morning school prep. She's not coming to do repairs and I believe only threatened to come so early as a means of retaliation for me getting the city housing inspector involved. Am I required to admit her at that hour? Or is she required to access the property during reasonable hours?

I'm also concerned because I want to be present when she inspects the house, I've even considered video-taping her visit should it be necessary for court. But with her refusing to give me even an approximate time of arrival this is difficult. And we know she has the neighbors checking on us and reporting our comings and goings (she's mentioned things in text messages that led us to the neighbors spying). I'm afraid she's going to wait until we go grocery shopping or something and then show up. How good is the "24 hour notice"? And should she not show up, does she have to give me more notice to come on another day?

 

[Baranov]

Due to the H1N1 threat, do I have the right to request she wear a face mask and sanitize her hands prior to entering the residence? Exposure to the virus could cause serious complications to my children's health, especially my son who is on steriods which leave him immno-suppressed and already has respiratory issues. I have expressed this to her, she is persisting in doing the inspection right away.

No, that's just stupid!

More people have died in the USA from jogging than from the H1N1 .

 

[shadoewolfie3]

And a good portion of those H1N1 deaths are the elderly and small children. My son is 18 months old with proven medical problems making him more suceptible, even his doctor has warned us about the repercussions should he get it and put the concerns into writing. I'm trying to be accomadating to her but want to ensure my kids safety either by making her take precautions (personally I don't find a face mask and a tiny drop of hand sanitizer really all that big of an interference to her) and I'm perfectly willing to make sure my kids aren't around and then spray the daylights out of everything with Lysol and wipe down with bleach and stuff after she leaves, but I can't do that if I don't know when she's coming.

And yes, anytime one of us goes in and out of the house we wash our hands and such, we are taking every possible precaution. When we were at the pediatric clinic my kids wore the infection control masks. I take Purell wipes and use them consistently on public surfaces like shopping carts and door knobs. I wouldn't ask someone else to do something that we aren't already doing ourselves.

 

[Cvillecpm]

Shado * you do NOT, repeat NOT have to receive a notice to pay rent in order for them to evict you. They can file as soon as your rent is late so you may want to crank down your virtol.

NO you can not video her visit, require she wear a mask or hinder her inspection IN ANY WAY!

Wash YOUR hands after she leaves OR YOU wear a mask!!!

I suspect you will be homeless by Christmas!!!

Virginia is a VERY LANDLORD FRIENDLY state!!! 3rd BEST in the US....

 

[shadoewolfie3]

Ok, but how can they prove what rent was/is without the rental agreement? Can they just print off any old thing from the Internet, fill in the blanks and show it to the court without my signature and have it be valid? If that's the case they could write in that I agreed to pay like $3,000 a month and I'd be screwed because my agreed amount isn't anywhere near that much! I seriously believe they no longer have the original and I'm not going to agree to new terms that absolve them of any responsibility toward the habitability of the house.

There are more issues with the home then I put in my original post. I'm having the city inspector come out because I don't think the house is even up to code. There are no wall plates covering any of the electrical sockets and none can be installed without major damage to the walls because the drywall behind it is so old its crumbled. So the wires attached to the sockets hang out and I believe the crumbling drywall+open wires = a major fire hazard. We have 1 smoke detector in the house. (I believe rentals require more? Something to ask the city I guess?) The house was built in 1947 but we were given no disclosure about the possibility of lead-based paint. They claim that the subfloor in the kitchen is always wet and that's why tile won't stick in there, indicating a possible crack in the foundation of the home or other water issue. We have issues with the plumbing in the bathtub/shower. The faucet has a major leak and my daughters were almost scalded the other night because for some reason they couldn't get the hot water to turn down or the cold water to turn up. (No water-based appliances were running. No dishwasher cuz that's broken, no washing machine, no-one was using the sink in the kitchen and no-one flushed the toilet)

According to my original agreement my rent isn't considered late until the 5th of the month, any payment after that is a $50 late fee in addition to the rent. I paid October's rent. And they were trying to demand November's be paid early, several days early, and when I refused to drop everything and drive an hour and a half away before the rent was even due thats when the threats started (I saved all the texts between us and the nasty voicemails the wife left me).

How good is that 24 hours notice thing? If she told me yesterday that she was coming today, but doesn't show up until Thursday unannounced, do I have to grant her access? My main concern is trying to get my son out of the house while she's here to protect his health.

As for the H1N1, I'm speaking to the local police department and health department to see if I can file charges should she come over here and my kids (especially my son) get sick since she was well informed of the health risks and insists on exposing them anyway. This isn't a case of her family has a cold or a fever and I suspect that's what they have, she told me straight out they have H1N1. My son is 18 months old, takes large doses of steriods (which can suppress his immune system) and has to have nebulized breathing treatments twice a day. His doctor told us that this virus could seriously damage my son's already fragile lungs and the doc has already had to hospitalize 6 other children due to H1N1 complications.

And if indeed you were correct in what you said in your first response about me being a month to month tenant without a fully executed lease, I will be putting in my 30 days notice as of today and having it overnighted to her home, signature and return receipts required.

 

[Cvillecpm]

Your attitude will get you EVICTED and HOMELESS!!!

The 24 hour "thing" is the LAW
If you don't pay your rent in FULL by the 5th, they can file for an eviction on the 6th and get a court date in 3 weeks.

You have no copy of your executed rental agreement so you don't KNOW what the one the LANDLORD has says.

 

[shadoewolfie3]

OK, trying not to have an attitude but this landlord is screwing me and its frustrating both because of that and their lack of care for my family's health and safety. In the event of an eviction I have an alternate place to reside and have no problem doing so, especially since speaking to the codes inspector for the city, who will be out tomorrow and already feels there may be serious safety issues in the home.

Trying to clarify the 24 hours notice. If she called me yesterday at 11am and said she was coming to inspect the property today and doesn't show up, am I required to admit her after that 24 hours has expired or is it her responsibility to call me again and give notice for a new day? Or can she show up at 11pm Thursday night and say she called me Sunday and gave me "notice"? Also I was reading the statutes that say they can enter the property at "reasonable times", what would be considered reasonable? I certainly don't want them at my door at 6am or waking my kids up at midnight.

And finally, just to play devil's advocate here for a second, what happens if they cannot provide the court with a " fully executed rental agreement"? If my suspicion is right and the original was lost or destroyed, what will they need to give the court to prove non-compliance to the lease? If they do produce the original, do I have a right to request a copy of it before or during the hearing? The wife has changed her story like 10 times on my voicemail. First it was going to be a $5 fee for a REPRINT of the lease (no signatures) as a paper and toner fee. As I began to insist on the official copy it became a $25 fee, which she said was to cover the cost of her having to re-order the program she used to produce it. What happens if neither of us can produce the original, or a photocopy of the original?

 

[Cvillecpm]

You need to stop the "what ifs" and deal with what you have which is NO LEASE.

They do NOT need to provide a copy of the lease except AT TRIAL which goes on your credit file the MINUTE it is filed in a VA court.

Code enforcement will not PROTECT you from being evicted!!! They write paperwork and ask for $$$. They can pull your electric meter if the property is so bad and THEN where will your family be other than homeless AND in the dark.

Stop watching Judge Judy and dealing with "what ifs"

 

[shadoewolfie3]

First off I don't watch TV much between 3 children (one of which is constantly needing care) let alone crap like Judge Judy. I am attempting only to prepare myself for whatever the upcoming events may be.

And you obviously haven't read my posts all the way through as I already stated
"In the event of an eviction I have an alternate place to reside and have no problem doing so, especially since speaking to the codes inspector for the city, who will be out tomorrow and already feels there may be serious safety issues in the home.

I am aware codes violations will not stop an eviction and I will remedy any damage to my credit as needed. I was merely stating I have no problem vacating the home should the housing inspector deem it unsafe. I was also able to locate contact information from the last tenant and will be contacting them tomorrow to see if I can't find out the real reason they moved out early. If it was the story the landlord gave me or if the landlord pulled this same thing with them and they chose to leave. I guarantee you by the time the trial date arrives I will be as prepared as much as possible, if there's one thing I've learned its document, document, document. The burden of proof of wrongdoing is for me to provide and I have no hesitation gathering the necessary evidence to do so.

And on a side note, for someone who was so hell bent on coming into the property, the wife failed today to show up or notify me that she wasn't coming after all and set up an alternate arrangement.

 

[Searchertwin]

All this narrows down is that you want to sue the LL. For number 1) No lease, you want a lease, they will provide a re-print for $25.00 - you are responsible to make a copy before handing to LL, you refuse to pay the amount, so don't blame them 2) Attacking religious beliefs along with threats 3) Health hazards - moldy ref....4) cracked floor 5) calling city inspector to make sure it is up to code because YOU FEEL it isn't- now if that doesn't prove you want to sue nothing will 6) LL threatened to call police and be charge for tresspassing - LL only wants his rent 7) You feel that she might pass the flu to you and children, blaming them for the sickness if you get it

I can understand your fear for the flu, especially for the children, but what makes you think that they wouldn't catch it by going to play with other children..will you demand for them to wear mask? No, because you are not building a law suit against them like you are trying to with the LL.

You have no bases to be nosy on his PRIVATE BUSINESS ON HIS MORTGAGE

I much rather have someone not show up because of the flu, so shame on the LL for informing you of this and staying home.

If you deny the LL from entering you give up your right for having any repairs to done and it falls in your ballpark. You are right in wanting the repairs to be done, BUT if you have let the moldy dishwasher go for even a day without cleaning it, than you are in the wrong. After all, you indicated you want to protect your kids from getting sick. Don't you think the mold might make them sick? Double standard here.
But you aren't wanting to sue yourself.

 

[Baranov]

Sometimes, it's better to let the city red-tag your property in order to get rid of an unwanted tenant. In the long run, it may prove to be cheaper and more satisfying.

 

[shadoewolfie3]

Well the city housing inspector just left. Several things to note....

The city still lists them as tenants in this house. They need to register with the city as being a landlord and provide the city with a copy of the signed lease. That's the city's requirement.

There are probably 30+ code violations that they will be required to repair in the next 45 days. Some repairs are required to be done within 72 hours. The drywall is sound in most areas but there are major electrical issues, plumbing issues, and multiple safety hazards. To quote the inspector "this place has obviously been neglected for a long time". Not enough to "red tag" the house but enough to seriously put a dent in my landlord's pocket. We were told we do have to allow them admittance for the repairs but we should be given sufficient notice of when they're coming as its advisable my children not be present for some of the needed repairs. If you go back in my posts I have said SEVERAL times that I will let them in the house, if I know when they're coming so I can ensure my children aren't present. So long as my kids aren't here they can come if they want, I can always spray everything down with Clorox or Lysol after they leave. And I commend the landlord for staying home, trust me! But with the huge fit the wife threw on my voicemail, you'd have thought the world was ending if she didn't do the inspection right then.

As to not cleaning the dishwasher, what makes you think we haven't?? We've tried using Tilex for Mold and Mildew, bleach, Magic Eraser and anti-bacterial dish soap to try and at least get the smell out, nothing we do helps. The whole unit has to be replaced, as well as the sub-flooring in that half of the kitchen because its soaked (due to lack of attention to the broken dishwasher).

I don't care about suing. At this point I'm about ready to just put in my notice and be done with it.

 

[Equeen]

That's the smartest thing you've posted!

You don't have a lease, you are not happy with the property or the LL. Give them the state required notice for MTM tenancy, usually 30 days & go.

Even if the LL believes you do have a lease I bet they just might be happy to see you go.

I'm a LL and I do believe you have a right to a safe, well maintained home but I also know there are two sides to every story. Move on if health & safety are your true concerns!