Landlord not honoring lease agreement

[sarin]

What is the name of your state? Nebraska

When we signed our lease agreement, it was stated that we would repair the bathroom and be reimbursed with free rent for the supplies but that we would also take the property "as is". It is a monthly agreement. Housing codes were completely disregarded and I was not aware the house was as bad as it turned out to be.

My father is a licensed plumber and electrician and our landlord agreed verbally to having him do the work, and would pay his wages. We kept track of hours, have all bills and receipts, and pictures to prove the unhabitability of this home. Rent amount was set at $150 per month.

Now our landlord has refused to pay my father's wages ($25 an hour) and will cut him a maximum check of $400 when in reality the labor cost ranged above $1200. My dad worked on his weekends off from his regular job to do this work for us. The landlord also said he will not reimburse us for the supplies, and we only will get 2 months of free rent and after that it will be upped to $350 because he's "afraid I won't make any profit".

After my father's labor and all supplies, the cost of the bill was approx. $1,975.

I also notified him in writing that there are 3 leaks in the roof, our south wall also has a leak, and the foundation is crumbling. He has not returned any calls nor responded to this letter.

What is the best course of action here? Should I be contacting a lawyer? Or does the "as is" phrase in our lease agreement negate any claims, etc?

 

[BL]

You would have to consult a Lawyer .

If anything is put in a Lease , or goes against State or Local Laws , it's not enforceable .

As you should have now realized , any contract should be written , dated , and signed by All parties .

 

[JETX]

What is the best course of action here?

For what?? You have at least 3 different and unrelated problems.
1) Your fathers labor. The problem here is that HE has nothing in writing with the landlord to show his work, what he was expected to do, for how much.
His only option is to file a contractors lien on the property... and consider filing a small claims suit against the landlord for his labor.

2) Your 'fix in lieu of rent'. Again, you have NOTHING in writing. You have allowed yourself to be placed pretty much at the control of the landlord. Either play by his 'game'.... or be prepared to PROVE your claims in a court when an eviction suit is filed against you.

3) Landlords intent to increase rent.
Your post says NOTHING about your having a written (term) lease. If you are a month-to-month, you are at the control of the landlord raising the rent at his convenience with appropriate written notice to you.

4) Leaks in roof. To see what obligations the landlord has, read section 76-1419 of the Nebraska Code at:
http://www.nrec.state.ne.us/landlordact.htm

 

[sarin]

Yes- we do have it in writing that we would do the repairs and that we would be reimbursed with free rent for them. That was stated in the lease (see the second sentence.) Also, it is called "repair and deduct" in Nebraska. You should read more carefully before you respond.

Also, by Nebraska law verbal agreements if proved (and myself, my boyfriend, and my father were all there when this agreement was made) are as good as written agreements.

Thanks for the website though.

 

[JETX]

Yes- we do have it in writing that we would do the repairs and that we would be reimbursed with free rent for them. That was stated in the lease (see the second sentence.)

You are an idiot... since that is NOT what your post says.
It says, "When we signed our lease agreement, it was stated that we would repair the bathroom and be reimbursed with free rent for the supplies but that we would also take the property "as is"."
It was 'stated' does NOT necessarily mean that the specifics were included in your WRITTEN lease. Further, your statement also says that you rented "AS IS"!!! Those two statements (repairs for rent and AS IS) are contradictory!!! I just assumed you didn't speak English and got confused trying to figure out what the hell you were trying to say!!

Also, it is called "repair and deduct" in Nebraska. You should read more carefully before you respond.

Actually, it is NOT called 'repair and deduct' when you include it in your lease. That is generically called 'repair in lieu of rent'. However, your stupidity is showing... since Nebraska does NOT have a 'repair and deduct' law at all. The only provision that a renter has against a landlord that fails to repair is covered in Nebraska Statute:
76-1425 - Noncompliance by landlord.
(1) Except as provided in the Uniform Residential Landlord and Tenant Act, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 76-1419 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 days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice
was given recurs within six months, the tenant may terminate the rental agreement upon at least fourteen days' written notice specifying the breach and the date of termination of the rental agreement. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.

(2) Except as provided in the Uniform Residential Landlord and Tenant Act, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 76-1419. If the landlord's noncompliance is willful the tenant may recover reasonable attorney's fees. If the landlord's noncompliance is caused by conditions or circumstances beyond his or her control, the tenant may not recover consequential damages, but retains remedies provided in section 76-1427.

(3) The remedy provided in subsection (2) of this section 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 and security recoverable by the tenant under section 76-1416.
http://www.nrec.state.ne.us/landlordact.htm

Since you are clearly English-challenged... the above statute means that a tenant has the right to terminate a lease (not 'repair and deduct') if a landlord fails to repair something that materially affects health and safety... and provides a demand to fix same in WRITING!!

Also, by Nebraska law verbal agreements if proved (and myself, my boyfriend, and my father were all there when this agreement was made) are as good as written agreements.

You really are an idiot, aren't you. In fact, ANY verbal agreement is "as good as (a) written agreement" if a court is provided with sufficient proof of its existence. And I doubt a court would find your 'boyfriend' or father to be unbiased witnesses to that fact.

So, blow that out your ass.