• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Old senile LL

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? TN

Ok, Hi you guys. :)

so I have this issue with my LL. I moved in 3 months ago, and paid months rent and security.

I have paid my rent in full and on time each of the following two months.

I paid the 1st month and security in cash and got a receipt.

I paid last month by check.

I paid this month again by cash with a receipt.

My problem is, each of these months, 2 weeks after I make the payment, the LL would come by, or call me, threating to evict me over non payment. Trying to get me to pay him again. Usually he does this right after I call him to fix something like last month someone broke into my home, and i needed him to fix the locks that were broken, he claimed I didn't pay him rent and he wasn't going to do anything until I did. This month a whole top of a tree came down in a storm, and I called to have him remove it, and he said I didn't pay rent and he's at the court right then suing to evict me.

I am drafting a letter to him, asking him to relieve me of my lease obligations because of this. I know he doesn't have to, but I think yesterday he actually filed for an eviction even though I paid him, and i have the receipt.

Should I wait for the eviction hearing? I absolutely do not want to stay the next 3 months of my lease, I just want out... and I want my security dep back. I can be out by the next payment date of the 18th. I mean I have no problem proving I paid him, I just get so upset when he does this. I cant easily just drop by his home with the receipts every month, because its hard for me to get around without a car.

Should I just put up with this constant harassment or what?
 


Andy0192

Member
Should I just put up with this constant harassment or what?
Not really a legal answer - but do you have any idea who the LL's family is? Seems the guy needs some serious help.

I wouldn't want to put up with what you're describing, especially when you know he's delusional. What could happen next? Scary...

I'd try to get someone to intervene & help him. For your sanity & his.
 

Banned_Princess

Senior Member
Not really a legal answer - but do you have any idea who the LL's family is? Seems the guy needs some serious help.

I wouldn't want to put up with what you're describing, especially when you know he's delusional. What could happen next? Scary...

I'd try to get someone to intervene & help him. For your sanity & his.
Well, apparently this guy owns 45 houses in the community, and rents them out. When the police came about the break in, and found out who my LL was, he kinda suggested it might have been the LL who broke in, and confided in me, that they have had trouble between him and his tenants before.

He has a assistant, a very nice young lady who is not at all senile, she claims she has no control over him, and really just runs errands for him. The guy is literally like 86 years old.

I should have known better, but not all old people are this senile, and not all younger LL's would not act his way. luck of the draw I guess.
 

FarmerJ

Senior Member
Banned just let him take you to court and bring with you your reciepts to show the court that the rent is paid , same with copies of canceled checks and make sure that you send proper notice via certified mail when the time comes and prepare with pics etc at the end for the deposit fight.
 

Banned_Princess

Senior Member
Banned just let him take you to court and bring with you your reciepts to show the court that the rent is paid , same with copies of canceled checks and make sure that you send proper notice via certified mail when the time comes and prepare with pics etc at the end for the deposit fight.
Thank you =] i agree but the problem has really only come to this degree of formality 3 months in, and i want to keep it all in writing from this point.. so my question is,
when I send the certified letter to him, tomorrow, including the receipts of payment, and asking him to stop contacting me other then in writing, ...

should I include some of the letters I drafted earlier, but didn't send??? I want to reference in the top letter that I have included some earlier letters I didn't send until now.

I just want to show there have been problems all along, then keep it to regular mail from then on?


Its just I have 3 more months if he doesn't let me out with the deposit on the spot. If he doesn't agree to that exactly
I guess from here on I will send the rent in a check that is authorized in certified mail. thats worth the 10$$
 
Wait until the next time he claims you didn't pay rent. Then read this to him over the phone:
"I already paid rent this month, and have proof. I have also paid on time every previous month and also have proof. If you don't like it prove otherwise and kick me out, you senile old coot".

You might also remind him or his "helper" about how you plan on suing for harassment if he doesn't knock it off.
 

Banned_Princess

Senior Member
Wait until the next time he claims you didn't pay rent. Then read this to him over the phone:
"I already paid rent this month, and have proof. I have also paid on time every previous month and also have proof. If you don't like it prove otherwise and kick me out, you senile old coot".

You might also remind him or his "helper" about how you plan on suing for harassment if he doesn't knock it off.
Yea, I guess thats exactly the advice I would give if it were someone else.
 

atomizer

Senior Member
Its just I have 3 more months if he doesn't let me out with the deposit on the spot. If he doesn't agree to that exactly

You said he was old and senile, not stupid:D

By now, you know that if he gives you back your deposit he's not going to get back a clean apartment.
 

Banned_Princess

Senior Member
You said he was old and senile, not stupid:D

By now, you know that if he gives you back your deposit he's not going to get back a clean apartment.
Well, for your information the apartment wasn't clean at all, in any sense of the word when he tuned it over to me, the place is painted in very loud colors in 3 of 4 rooms, in the living room only one wall is fully painted, the second wall is kinda painted, the fourth wall has a spot of paint in one spot. the floor is coming up and out, the tiles on the floor in 3 rooms is unsticking and missing, (have you heard of the tiles you buy at the dollar store,) which is covering a kinda wood floor, and some places its just the plywood on the floor.

Theres no way any county in the USA would deduct any of my security deposit for any reason. the windows are broke, the door to the backyard has holes in it, the cabinets under the sink have holes in it, the place smells like sewage at all times especially after the rain, there are holes in the floor that I can literally see into the crawl space. and holes in the walls that can fit the whole of the neighbors house when you look right into it.

So if I dont sweep up after i leave, it probably will be an improvement.

My lease even says the place would be cleaned before I moved in, and they didn't even clear the spiderwebs from around the sink. dont even let me get into the condition of the bathroom...

Hey but thanks for your input on this situation, I do feel better about not leaving without my security. the town building inspectors are coming next week to report on it, and I know better then to not fully picture and list the condition of the place as soon as i got there, before i moved any of my stuff in.

So yea, no theres no way I'm turning over the keys without a check for my deposit, and that is the bottom line here.
 

FarmerJ

Senior Member
Since you have called inspections just be prepared that inspections may condem declaring unit unfit to live in and wont lift order until repairs are made . As others have been told make sure you spend the money now to get pics of the damages and things that obviously have been neglected for a long time. Make sure you get copy of any work orders or actions inspections orders , and prepare to take him to court to get deposit back after you move out, LAST check your state laws and see if local ords address a expedited deposit refund process when a unit is condemned speeding up the number of days a LL has to refund deposit when there is a condemn order.
 

Banned_Princess

Senior Member
Since you have called inspections just be prepared that inspections may condem declaring unit unfit to live in and wont lift order until repairs are made . As others have been told make sure you spend the money now to get pics of the damages and things that obviously have been neglected for a long time. Make sure you get copy of any work orders or actions inspections orders , and prepare to take him to court to get deposit back after you move out, LAST check your state laws and see if local ords address a expedited deposit refund process when a unit is condemned speeding up the number of days a LL has to refund deposit when there is a condemn order.
thank you that is really good to remember, I will get right on that!!

If I have to move until its fixed, umm, can I include my motel costs in the suit? maybe just two nights? I mean that counts as damage from his neglect...

Tennessee LL Tenant codes go about as deep as a puddle, maybe the code inspector will know!

Thanks, really. :)

I knew the condition of the home and I took it like that, but I just wanted to pay my rent and be left alone, maybe talk him into doing something with the kitchen and bathroom floor, but he refuses to not accuse me every month of not paying rent I definitely paid him, and as soon as I ask for any small repair, (dripping faucet...) !
 
Sounds like he should be calling you to THANK you for paying the rent on time...

What is his response when you say "NO, I already paid you!"?
 
Last edited:

FarmerJ

Senior Member
Banned If inspections condemns with a order that no one can live there until the work is done , yes you have to get out BUT condemn with a no human habitation order equates to your lease being canceled by governmental action so lease would be over with and you get the honor of suing the LL for un used rents money prorated , meaning if they came say on the tenth and wrote a full condemn order where you have to move out then yeah the LL can be sued to get the remaining 20 days of rent back. If all thats written is repair orders your still not entitled to money for lodging elsewhere. What you are entitled to do is stay on inspections if LL wont make repairs and when the time line they set has passed push them to come back out and cite him again or push for them to condemn the second time they come out.
 

atomizer

Senior Member
Well, for your information the apartment wasn't clean at all, in any sense of the word when he tuned it over to me, the place is painted in very loud colors in 3 of 4 rooms, in the living room only one wall is fully painted, the second wall is kinda painted, the fourth wall has a spot of paint in one spot. the floor is coming up and out, the tiles on the floor in 3 rooms is unsticking and missing, (have you heard of the tiles you buy at the dollar store,) which is covering a kinda wood floor, and some places its just the plywood on the floor.

Theres no way any county in the USA would deduct any of my security deposit for any reason. the windows are broke, the door to the backyard has holes in it, the cabinets under the sink have holes in it, the place smells like sewage at all times especially after the rain, there are holes in the floor that I can literally see into the crawl space. and holes in the walls that can fit the whole of the neighbors house when you look right into it.

So if I dont sweep up after i leave, it probably will be an improvement.

My lease even says the place would be cleaned before I moved in, and they didn't even clear the spiderwebs from around the sink. dont even let me get into the condition of the bathroom...
So, let me see if I got this right. You needed an apartment and so you embarked on a mission to find the crappiest apartment in the city. For every slumlord there is a slum tenant. Some people are willing to put up with just about anything in terms of living conditions to save a buck or two. I would say that if you are financially strapped, then that apartment was the right apartment for the right price. Now, if you do have the finances to live in a “livable” place, then there is no excuse for the living conditions you live in. After all, it was you that found this abode to be such gem that you had to move into it.

Your slumlord serves a purpose. He supplies adequate affordable housing to people that would normally be living under a bridge somewhere.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top