REPAIRS - (miserable landlord)

[Delores 22]

Florida

I've grown to really dislike this guy. He only wants to email, no phone! I rent in an upscale condo. I've lost my patience.

The carpet in my bedroom is 16 years old. I emailed and said it needs to be replaced. His response: I'll consider it.

It's always taken him forever to make repairs. Example: one month to fix a kitchen switch (had no lights except a tall lamp I used).

I could go on, but I need help. Anything suggestions?

 

[adjusterjack]

You're better off emailing. It provides you with a digital paper trail of sorts.

Does your landlord even live near by?

Are you on a written lease with some duration left or on a month to month (tenant at will)?

I suggest you study the Florida landlord tenant statutes:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html

Particularly 83.51 Landlord duty to maintain, 83.54 Enforcement of rights and duties; civil action, 83.55 Right of action for damages,

Florida doesn't have a repair and deduct statute so the best you can do is put your LL on written notice that a repair is necessary, give him reasonable deadline (depends on the nature of the repair), and advise that if not done by the deadline you will pay for the repair and then sue him for reimbursement if he doesn't pay you back.

As for the carpet, sorry, you accepted the place with that carpet. He has no obligation to replace it so it's not going to happen unless you negotiate it as part of your next lease renewal. If he does agree to replace it to keep you make sure it's replaced before you sign the new lease.

 

[Delores 22]

I signed the lease. I'd hate to have to put in time to study landlord-tenant contracts. My health hasn't been very good lately. I'm
a senior citizen -- he couldn't care less.

Condo requires 12 months lease with NO option to move out. Lived here for 15 years which is why I'm asking for a new carpet.
I haven't asked for the place to be painted or to replace the 35 year old blinds - broken!). Should I have put it in the lease? Yes,
landlord lives nearby.

I DID email and say I'd do the repairs and send him the bill, but his reply was: please don't threaten me. I told him it wasn't a threat. I
really hate this guy. He has two other apartments in this condo. I'm tempted to contact the renters. Bad idea?

Thanks for the link!

You're better off emailing. It provides you with a digital paper trail of sorts.

Does your landlord even live near by?

Are you on a written lease with some duration left or on a month to month (tenant at will)?

I suggest you study the Florida landlord tenant statutes:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/0083PARTIIContentsIndex.html

Particularly 83.51 Landlord duty to maintain, 83.54 Enforcement of rights and duties; civil action, 83.55 Right of action for damages,

Florida doesn't have a repair and deduct statute so the best you can do is put your LL on written notice that a repair is necessary, give him reasonable deadline (depends on the nature of the repair), and advise that if not done by the deadline you will pay for the repair and then sue him for reimbursement if he doesn't pay you back.

As for the carpet, sorry, you accepted the place with that carpet. He has no obligation to replace it so it's not going to happen unless you negotiate it as part of your next lease renewal. If he does agree to replace it to keep you make sure it's replaced before you sign the new lease.

 

[STEPHAN]

If you hate your LL, your best option is to move once your contract is up.

 

[Delores 22]

I'm planning to move to a different city in two years. In the meantime, I have to deal with these problems
and need things to be done.

If you hate your LL, your best option is to move once your contract is up.

 

[FarmerJ]

Delores if you have something that needs repair again that is mechanical or structural and LL wont repair it with in a reasonable time such as another light switch or say a outlet or drain issue , toilet that wont work , or say a door that wont close or lock right call your city housing inspections desk and let them come out , verify the problem and order it to be replaced. AS far as carpet goes , if its torn / worn and presents a trip hazard your city inspector could order that it be addressed. AS far as email goes, personally if it was me I wouldn't do it, instead id send to the LL a on paper letter via confirmed mail delivery or certified mail so if I ever needed to show a court that I had complained about a repair issue the court can see a real paper trail. Emails can be faked and there is no real way to prove that one was sent where as a letter, you would have a copy , copy stapled to postal receipt , and in a court matter if regular mail is used and the person who it was sent to claims `I didn't get it` how would you prove it? if letter is sent via confirmed mail Judge can see that it was delivered by post office and courts tend to accept when post office confirms delivery that it was, certified well if a LL denies getting certified mail that just makes them look extra foolish in court ( as a liar. DO take the time to take pictures of the place so you can show a court that you left it clean at the end of your tenancy to plan on having to sue the LL for your deposit funds..

 

[Delores 22]

Thanks for your reply. Would it apply to a 15 year old bedroom carpet without tears, simply worn out. The bedroom toilet had a few floodings (plumbers couldn't fix it for a long time) so that helped to age the carpet. I haven't asked for him to paint the apartment (it's been 15 years) or replace 35 year old wall to wall Venetian blinds that haven't worked. I also suspect if I turn it into a court case, he'll raise my rent a lot. According to what I've read, carpets in rentals should be replaced every 7 years

Here are the rules from HUD: (http://www.dumblittleman.com/2014/05/how-often-does-a-landlord-have-to-replace-carpet-or-repaint-in-rental-unit.html
Maybe I should sent that link to him?

I just got an email from him again saying he'll consider it because I told him my vacuum cleaner broke and I wanted to know if he's replacing it with carpet or tile.

Delores if you have something that needs repair again that is mechanical or structural and LL wont repair it with in a reasonable time such as another light switch or say a outlet or drain issue , toilet that wont work , or say a door that wont close or lock right call your city housing inspections desk and let them come out , verify the problem and order it to be replaced. AS far as carpet goes , if its torn / worn and presents a trip hazard your city inspector could order that it be addressed. AS far as email goes, personally if it was me I wouldn't do it, instead id send to the LL a on paper letter via confirmed mail delivery or certified mail so if I ever needed to show a court that I had complained about a repair issue the court can see a real paper trail. Emails can be faked and there is no real way to prove that one was sent where as a letter, you would have a copy , copy stapled to postal receipt , and in a court matter if regular mail is used and the person who it was sent to claims `I didn't get it` how would you prove it? if letter is sent via confirmed mail Judge can see that it was delivered by post office and courts tend to accept when post office confirms delivery that it was, certified well if a LL denies getting certified mail that just makes them look extra foolish in court ( as a liar. DO take the time to take pictures of the place so you can show a court that you left it clean at the end of your tenancy to plan on having to sue the LL for your deposit funds..

 

[Zigner]

Here are the rules from HUD: (http://www.dumblittleman.com/2014/05/how-often-does-a-landlord-have-to-replace-carpet-or-repaint-in-rental-unit.html

Those are not "rules", they are guidelines. Furthermore, what makes you think they even apply to your rental?

 

[adjusterjack]

I signed the lease.

When's the next renewal date.

I'd hate to have to put in time to study landlord-tenant contracts. My health hasn't been very good lately. I'm a senior citizen

So am I. Doesn't stop me from reading laws and contracts.

Condo requires 12 months lease with NO option to move out. Lived here for 15 years which is why I'm asking for a new carpet.

I haven't asked for the place to be painted or to replace the 35 year old blinds - broken!). Should I have put it in the lease?

Can't imaging why you haven't negotiated concessions long ago.

I DID email and say I'd do the repairs and send him the bill, but his reply was: please don't threaten me. I told him it wasn't a threat. I really hate this guy. He has two other apartments in this condo. I'm tempted to contact the renters. Bad idea?

Couldn't hurt, but I don't see it helping.

He has law and contract on his side.

Your only leverage is to terminate your tenancy at the next renewal if he doesn't make any concessions.

Maybe he won't care about that either. Maybe he will.

 

[Delores 22]

The landlord has a PhD which means nothing, but I can't believe how bad an educated landlord can be. It's a HEALTH hazard rug in an upscale condo
development. Do I need my doctor to write a letter to tell him about my breathing condition?

Those are not "rules", they are guidelines. Furthermore, what makes you think they even apply to your rental?

 

[FarmerJ]

Dolores I get it that you have not been hard on that apartment but instead have taken reasonable care of it and even though your staying on so long has saved the LL a ton of money by not having to address cosmetic issues, they are just that carpet, paint , blinds are cosmetic issues except when carpet is so worn that it becomes a trip hazard or when paint is peeling in a structure that is old enough to have maybe had lead based paints used , nothing will force the LL to repaint or re carpet but DO make sure you get pictures of things like the counters, the walls, the flooring , etc and pretty much every thing that shows wear and tear during your last month you live there and should the LL be unfair re your deposit don't hesitate to sue in small claims if he is not fair with you and that means that he should not charge you a dime re the walls or carpet because the paint and carpet have seen all their useful life consumed, the blinds fair odds they have no useful life either.

 

[Delores 22]

To answer your question, if they are only guidelines, then a landlord can withhold getting a new carpet indefinitely. Common sense is required
here, don't you think?

Those are not "rules", they are guidelines. Furthermore, what makes you think they even apply to your rental?

 

[Gail in Georgia]

"To answer your question, if they are only guidelines, then a landlord can withhold getting a new carpet indefinitely."

Yes. There is no legal statute that a landlord "must" replace a carpet every 7 years.

This issue will sometimes come up when a tenant has vacated a rental property and damaged a carpet to the extent where it needs to be replaced and the landlord is attempting to determine how much the former tenant owes for this. In that case, the "life" of the carpet is typically depreciated over anywhere from 5 to 7 to 10 years (depending on the quality of the initial carpet).

In my own house carpet has been down since 1983.

Gail

 

[Silverplum]

To answer your question, if they are only guidelines, then a landlord can withhold getting a new carpet indefinitely. Common sense is required
here, don't you think?

Yes. So why did you stay so long without repairs or updates?

 

[Delores 22]

Yes. So why did you stay so long without repairs or updates?

My mother was very ill so I couldn't leave. He did fix things, but it would take an extremely long time. As I mentioned in another post, if there are no rules, theoretically a landlord doesn't have to replace carpets or paint ever? When he dies, he won't make it into heaven!