rent refund due to reduced property value

[John_DFW]

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

I am attempting to seek a rent refund due to reduced property value, and what I believe is a property code violation by our previous landlord who is a licensed real estate professional. I am seeking advice on a letter I want to send to the management in an attempt to settle with the landlord out of court. I would settle it directly with the landlord, but think the company needs to address this as well.

I want to attempt an out of court settlement, as I have little time or vacation at work to waste. I really don't care about the money; it's about the landlord admitting wrong doing and hopefully saving a future tenant from what we went through. I am perfectly willing to file a complaint with the Texas Real Estate board, and will most likely do so no matter what the outcome may be out of court or in court.

I have redacted the landlord's name and the company name, but for reference it is a real estate company and a licensed real estate professional.

Many of the issues by themselves are minor, but think they show a pattern of poor response. We actually gave the benefit of the doubt on numerous communication issues initially, but quickly determined the common denominator. I have completely left out many minor issues.

So thoughts? Comments? Forget the letter and go to court?

 

[John_DFW]

Since nobody read the first part, won't waste your time with the second part!

 

[Hot Topic]

The forum works best when you write a few paragraphs, not a novel. Not everyone has the time or inclination to wade through it.

 

[Isis1]

That was way too much to go through.

Let's try this.

What gave you the idea the landlord you were renting from is bound by a limited amount of rent to charge? Are you in a rent control area? State law? County law?

 

[John_DFW]

Sorry! I know, it looks much shorter in an email draft. It's worse living it than reading it.

Cliff notes snippet.

I believe the below issue is a property code violation in TX, and the guideline is one months rent + $500, plus reduced rental value. I think most reasonable people would consider not having a dishwasher and microwave for over a month reduces the value of the property, but by how much I won't pretend to guess.

Our written maintenance request for electrical issues on 8/11/2010 was only partially completed, and LANDLORD was notified in writing on 8/16/10 that a safety related issue had not been completed, and this went without any response. In addition, she was well aware of the obligation in our lease and the Texas Property code that such repairs were to be completed in 7 days, as this was clearly communicated to her after leaving us without a functioning dishwasher and microwave for over a month. The written notification that this issue was not completed was obviously received as an electrician finally called us on 10/12/10 requesting access (two months after the initial repair request), and the electrician informed me that he was never notified by LANDLORD about this issue, so it appears that LANDLORD's poor communication was once again a factor in failing to complete repairs. I relayed what the City inspector had previously told me needed to be completed, and the electrician agreed that this was the proper repair needed and was able to complete this work on 10/12/10.

 

[Gail in Georgia]

Your posting(s) is far too long so perhaps I am reading this wrong but it appears you now want a rent refund AFTER your lease has expired and you've already moved out?

The time to address these issues legally was when you were still a tenant..and Texas does allow you some leeway in the matter but you must take particular steps to do this legally as outlined in the attached:

Texas Attorney General - Tenant Rights

Gail

P.S. Your contention that not having a dishwasher or microwave for over a month reduces property values is really a ridiculous argument. If you insist on taking this matter to court please don't use this in your argument to justify what you claim.

 

[John_DFW]

Your posting(s) is far too long so perhaps I am reading this wrong but it appears you now want a rent refund AFTER your lease has expired and you've already moved out?

The time to address these issues legally was when you were still a tenant..and Texas does allow you some leeway in the matter but you must take particular steps to do this legally as outlined in the attached:

Texas Attorney General - Tenant Rights

Gail

Yes we are moved out. I refrained from taking action while in the property due to my wife's concern with the landlords husband.

I know I can file a complaint with the Texas Real Estate board for a ridiculous long time, something like four years and we just moved out a month ago.
I have not seen anything in the Texas Property Code about time lines.

Looking at your link know, thanks.

 

[John_DFW]

P.S. Your contention that not having a dishwasher or microwave for over a month reduces property values is really a ridiculous argument. If you insist on taking this matter to court please don't use this in your argument to justify what you claim.

It may be, that is why I want to run this by people more knowledgeable.

I don't think it's completely ridiculous, otherwise identical properties would not rent for the same amount if one did not include a microwave and dishwasher. It's probably petty and minor relative to the real issue.

My argument is that the failure to complete the electrical issue that certainly looks to be a property code violation isn't an oversight or isolated incident, it's a repeated pattern of behavior.

 

[Gail in Georgia]

If you were going to complain about anything you should focus on issues that could negatively impact safety or health.

Thus, the electrical issue (and not the microwave or dishwasher issue).

Gail

 

[atomizer]

Write your letter if it makes you feel good, but expect it not to go any further than the trash can. Basically, you are complaining about repairs that were done not to the satisfaction of your expected time limits. Nothing you do will have any lasting effect. That includes your letter to the Real Estate Board. You will just sound like a disgruntled tenant that won't let it go.

 

[John_DFW]

Write your letter if it makes you feel good, but expect it not to go any further than the trash can. Basically, you are complaining about repairs that were done not to the satisfaction of your expected time limits. Nothing you do will have any lasting effect. That includes your letter to the Real Estate Board. You will just sound like a disgruntled tenant that won't let it go.

Actually, according to the manager that emailed today, this is breach of contract and the time line isn't my time line, it is the time line required of all landlords in the state of TX, per the Texas Property Code.

Where that will get me remains to be seen.

 

[Searchertwin]

Well, we have another winner.

Do you think I can get a mortgage refund because my properties value drop a little? I would jump up and down.

If this is a contract, and not an employee, the company doesn't care. It is the bases of the contract amount that will override any rudeness, unprofessional behavior and completely inexcusable handling of these issues, etc. Money talks here.

LL has no authority to make contractors or repairman be on time. But you keep complaining about this.

And your wife being scared of LL. What made LL yell to begin with? Seems like a threat was from you, you stated, " I suggest COMPANY carefully explain to LANDLORD her obligations in the Texas Property Code, especially the section regarding retaliation." And if they didn't?

You stated that LL was rude and argumentative with the both of you. Did they have a reason to be? Were you just sweet and smiley all the time?

The only true complaint here is the a/c, garage door, electric, water leak and the gutters. Send ccr to LL for repairs. Wait, they were addressed and repair. Maybe not in the time you wanted but it was done.

Seems like the difficult party here was you. Make alternative arrangements for entry because of heat and a three old baby. Of course it went without response. Either way, with or without "alternative arrangements," you would never be pleased. And why do you think the LL had not authorized anything beyond the service call? One, that repairman might said it needed this and cost would be rather high. This gives the LL a chance for another opinion. DUH

Even if LL had a key to your place and let repairmen in, you would find something to complain about that. For instance, "My stuff stolen", and here's the classic one, "I was taking a shower and they walked in, etc...
You have to stop and think about the position of the LL. Just because you say, "Jump", doesn't mean he has to ask "how high". I am sure he is dealing with other tenants that are as Atomizer stated, "disgruntled tenant that won't let it go."

If you were embarrassed with the poor curb appeal, a little pride in yourself would have taken over, but you rather be the victim. This is probably what the neighbors say about the situation, "Why don't they (you) just clean it?" Didn't think that route, did you?

I don't believe that the water problem was serious as you stated. Why? Because you would have complained about, "who is going to pay for all the damage to my belongings?" Also, a rent reduction for loss of closet. So someone is lying here.

And why do you think that the showing of place occurred without your knowledge or prior notice? LL would never rent the place with you standing there with your mouth flapping. DUH

 

[John_DFW]

searchertwin, I do realize that much of what I have complained about is venting and whining, but you are way off base. My goal here is to get advice and edit what will be said to both management and Real Estate Board. I think everyone is getting hung up on my poor subject title, I think it is misleading but I don't know what to call this. It's not really a fine or a penalty, but it is what is described in the property code for failing to complete the safety issue in the 7 days.

I'm not going into all of the details, but if the a/c had remotely been handled as you suggested, it would not have been an issue. Legally per the Texas Property Code, I do not have to be present for any repairs, and I could have said we are not available, deal with it and landlord would have had to be present. I would bet that would have ended up causing even more delays and wouldn't have been a smart move on our part.

I think the landlord's husband was yelling because he was mad he had to leave work to do his wife's job on her money pit of a rental, as he complained they were already losing money on it. I don't think it's anything more than that.

When I typed " I suggest COMPANY carefully explain to LANDLORD her obligations in the Texas Property Code, especially the section regarding retaliation." it was a proposed rough draft, and has not been said to anyone. At this point I will probably leave it to management what they want to do or say, as they seem genuinely concerned about reputation and this issue, even without all the details. I will be emailing them over the weekend so they will be fully informed on Monday.

We have intentionally avoided communicating by phone both for documentation purposes and to avoid flared tempers, and anyone seeing our emails will have absolutely no doubts about our professionalism. I have gone back to emails from when I knew I was pissed off, and I had the sense to bite my tongue. Notice I have had the sense to write a rough draft and seek advice to edit it before sending it, so I think it says something about how I have conducted myself. Landlord seems to want to avoid documenting what they have said, calls instead of responding to emails, won't leave voice mails, and very evasive at times.

Landlord is required to give notice for showings, and just failed to do it competently. All showings we were notified of we straightened up and were not present (we missed showings that went without notice as we were at work)

I am not lying or exaggerating any of the issues. I have all of our written notices, and had the sense to photograph everything so if anyone questions the extent of damage, they can see for themselves.

I am well aware of the landlords time lines or lack there of for many repairs, however as many have stated, the issue is the two months to repair the safety related issue. It's clearly required to be done in 7 days.

 

[QueenofEngland]

Most properties lost value during the housing crash and as the recession's gone on. Landlords aren't required by any laws to give rent reductions solely for that reason. Mortgages and loans on the properties don't go down, do they? No.

Now if you have habitability issues, that's another story.