slum lord threatens us whenever we ask for repair etc.

[sane2punk]

Alabama.

Any time I ask the landlord to fix something or treat for the umpteen mice the house comes with from the farms around us, (we catch a minimum of 10 a night) she threatens to condemn the house. she said i can use traps and handle it myself (yet will not allow us to own cats or pets!) and i said she needs to and traps dont work since they keep coming from the fields and also most of them are too light to set off the traps. the mice are ruining all our stuff, eating all our food and are a danger to my children. She used to threaten eviction for everything because she wanted us out over my sons autism, till I let her know I know my legal rights, in great detail, so now she threatens to condemn the house for everything. It is ridiculous and I know its a bluff. the house is fine just needs upkeep. What are my rights in this? How to fight the psycho on this? I cant afford to move till my lease is up but dont want to just roll over for her either! we also have a small roach problem that came with the house i have been treating myself but is getting too expensive but at this point im worried to complain! Any suggestions? I live in alabama.

Also the landlord has us use space heaters to heat the home. she did not furnish them except for one cheapy one in the living room when we moved in that went out a week later, we bought the others, and although there is heater units on the wall and a tank out back, i dont think they work. she said its too expensive to go the gas route and we should use the heaters so that we didnt go broke paying over 400 a month for heat using it. and that they dont work any better than the space heaters anyways. My opinion is that the tank/wall heaters dont even work. I know she has to be bluffing on how much it is because i have used tank/gas heat in the past. and we would like to use the tank instead of space heaters this winter, but im worried that we would be wasting our money when they end up being broken.
what can i do about that? and doesnt the landlord have to offer adequate heat?

also, she is just manager for the homes, her parents are the owners, but we dont even know how to contact them or their names, as she handles it all because "they are too old". she is new to this job and dont know her ass from a hole in the ground. her main tactic is just scare everyone into silence or kick em out illegally.

 

[TheGeekess]

Alabama.

Any time I ask the landlord to fix something or treat for the umpteen mice the house comes with from the farms around us, (we catch a minimum of 10 a night) she threatens to condemn the house. she said i can use traps and handle it myself and i said she needs to and traps dont work since they keep coming from the fields and also most of them are too light to set off the traps. She used to threaten eviction for everything till I let her know I know my legal rights, in great detail, so now she threatens to condemn the house for everything. It is ridiculous and I know its a bluff. the house is fine just needs upkeep. What are my rights in this? How to fight the psycho on this? I cant afford to move till my lease is up but dont want to just roll over for her either! we also have a small roach problem that came with the house i have been treating myself but is getting too expensive but at this point im worried to complain! Any suggestions? I live in alabama.

Also the landlord has us use space heaters to heat the home. she did not furnish them except for one cheapy one in the living room when we moved in that went out a week later, we bought the others, and although there is heater units on the wall and a tank out back, i dont think they work. she said its too expensive to go the gas route and we should use the heaters so that we didnt go broke paying over 400 a month for heat using it. and that they dont work any better than the space heaters anyways. My opinion is that the tank/wall heaters dont even work. I know she has to be bluffing on how much it is because i have used tank/gas heat in the past. and we would like to use the tank instead of space heaters this winter, but im worried that we would be wasting our money when they end up being broken.
what can i do about that? and doesnt the landlord have to offer adequate heat?

also, she is just manager for the homes, her parents are the owners, but we dont even know how to contact them or their names, as she handles it all because "they are too old". she is new to this job and dont know her ass from a hole in the ground. her main tactic is just scare everyone into silence or kick em out illegally.

Cats will kill mice. So will snakes, small dogs, big dogs and raptors.

I use space heaters to heat my (owner-occupied) home in Bama. It's not that big a deal.

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/135724.htm
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/155218.htm

Section 35-9A-204
Landlord to maintain premises.

(a) A landlord shall:

(1) comply with the requirements of applicable building and housing codes materially affecting health and safety;

(2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition;

(3) keep all common areas of the premises in a clean and safe condition;

(4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(5) provide and maintain appropriate receptacles and conveniences for the removal of garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and

(6) supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

(b) If the duty imposed by subdivision (1) of subsection (a) is greater than any duty imposed by any other subdivision of that subsection, the landlord's duty shall be determined by reference to subdivision (1) of subsection (a).

(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling.

(d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

(1) the agreement of the parties is set forth in a separate writing signed by the parties and supported by adequate consideration;

(2) the work is not necessary to cure noncompliance with subdivision (1) of subsection (a); and

(3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

(e) The landlord may not treat performance of the separate agreement described in subsection (d) as a condition to any obligation or performance of any rental agreement.

(f) Rights of the tenant under this section do not arise if the condition was caused by the willful or negligent act or omission of the tenant, a member of the tenant's family, a licensee, or other person on the premises with the tenant's consent.
(Act 2006-316, p. 668, §1.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/35-9A-204.htm

Section 35-9A-301
Tenant to maintain dwelling unit.

A tenant shall:

(1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;

(2) keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit;

(3) dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;

(4) keep all plumbing fixtures in the dwelling unit or used by the tenant as clear as their condition permits;

(5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises;

(6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so; and

(7) conduct himself or herself and require other persons on the premises with the tenant's consent to conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment of the premises.
(Act 2006-316, p. 668, §1.)

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/35-9A-301.htm

 

[FarmerJ]

You wrote >My opinion is that the tank/wall heaters dont even work.< like it or not your landlord is obligated to maintain them so they do work . The actual owners address is the one the county mails property tax bills to , call them give the address at the property tax desk and ask for the owners mailing address, it is public information. as far as the daughter , well unless local law requires some one like a licensed realtor no reason she cannot do it, BUT that lease they entered into with you is their bible like it or not, SO as long as you have a copy of it then make another and store it in safe place away from there and unless the lease says other wise about pest control what i would suggest is that you carefully examine the foundation of the house for holes, doesnt take much for mouse to squeeze in, also holes around pipes ( check under kit sink and say laundry area , bath etc gas pipes water lines waste water take pics , then send to LL certified letter outlining the holes you found and locations and make it clear that these are likely points where mice are getting in and you expect her to have them closed up. As far as the wall heaters go personally elect heat is spendy , way more than gas heat, its summer now fire them up and see if they work. Use certified mail from now on with your complaints or repair needs , she cannot just condemn the house nor can she just toss you out while your lease is still in effect.

 

[sane2punk]

You wrote >My opinion is that the tank/wall heaters dont even work.< like it or not your landlord is obligated to maintain them so they do work . The actual owners address is the one the county mails property tax bills to , call them give the address at the property tax desk and ask for the owners mailing address, it is public information. as far as the daughter , well unless local law requires some one like a licensed realtor no reason she cannot do it, BUT that lease they entered into with you is their bible like it or not, SO as long as you have a copy of it then make another and store it in safe place away from there and unless the lease says other wise about pest control what i would suggest is that you carefully examine the foundation of the house for holes, doesnt take much for mouse to squeeze in, also holes around pipes ( check under kit sink and say laundry area , bath etc gas pipes water lines waste water take pics , then send to LL certified letter outlining the holes you found and locations and make it clear that these are likely points where mice are getting in and you expect her to have them closed up. As far as the wall heaters go personally elect heat is spendy , way more than gas heat, its summer now fire them up and see if they work. Use certified mail from now on with your complaints or repair needs , she cannot just condemn the house nor can she just toss you out while your lease is still in effect.

well i want to try the wall heaters but the tank is empty. she says none of her tenenants have used them. (not surprised since she basically dont give the option).
So I would have to pay for a tank fill just to "try them out"
I agree, the tank heat would save us alot and warm the house better!!!

I dont care that their daughter handles it, if she did it right. she needs to educate herself and take some valium. shes off her rocker big time.
i use emails for all correspondence pretty much. so that i can use them in court if needed. she knows this also because of past issues.

why cant she condemn the house if she chose to? just curious.
i know its a bluff but just wondering?

 

[Gail in Georgia]

" she needs to educate herself and take some valium. shes off her rocker big time."

Stupid and useless comments aside, a landlord has to provide an adequate SOURCE of heat for tenants. There is no requirement as to whether this has to be central heat, space heaters, wall units, etc.. If you wish to try the wall heaters, it is up to you to fill the tank to do so. You have no knowledge if the wall units heaters work as you have never tried them. It is not likely that you have the tank completely filled.

A landlord cannot (themselves) condemn a house. However, like a tenant, a landlord can call City Inspection and if the house fails an inspection, it can be condemned. Often though (and unless the house is in such bad shape that it is a danger to health and safety to continue to reside in it) a landlord will be given a certain amount of time to repair any issues found during the inspection. If they fail to do this, the next step is condemning the rental unit. At that point the tenants would need to evacuate the unit immediately.

Gail

 

[sane2punk]

" she needs to educate herself and take some valium. shes off her rocker big time."

Stupid and useless comments aside, a landlord has to provide an adequate SOURCE of heat for tenants. There is no requirement as to whether this has to be central heat, space heaters, wall units, etc.. If you wish to try the wall heaters, it is up to you to fill the tank to do so. You have no knowledge if the wall units heaters work as you have never tried them. It is not likely that you have the tank completely filled.

A landlord cannot (themselves) condemn a house. However, like a tenant, a landlord can call City Inspection and if the house fails an inspection, it can be condemned. Often though (and unless the house is in such bad shape that it is a danger to health and safety to continue to reside in it) a landlord will be given a certain amount of time to repair any issues found during the inspection. If they fail to do this, the next step is condemning the rental unit. At that point the tenants would need to evacuate the unit immediately.

Gail

stupid and useless my ass, you have no idea what this woman has been putting us through. she is mentally very unstable and dont know anything about being a landlord or manager. she still cant call me by the right name, all her emails and the lease are barely able to be read because she is so uneducated, which would be ok if she would at least use spell check for legal papers, she has mood swings, has tried to kick us out for all illegal reasons including my sons autism... its been a 3 ring circus. mood swings dont belong in a professional setting. she used to come over everyday just to start ****. i had to threaten her with harassment finally. it was just insane. we pay our rent on time monthly and are good tenants and never had problems with our landlords in the past. im sick of her trying to make my kids homeless.
she runs a scam, kicks people out the moment they move in and keeps deposits etc. just to make extra money. she lied to get us here, we moved from 8 hours away. told us this home was much different than it was and that there was no water nearby and traffic was light (i always ask because my autistic son dont understand danger or death). but in reality there is like 100 ponds in a 5 mile radius and 10 or more semis go down our street a day as well as other traffic. its when i showed her i had kept her email of all her lies that she backed off. that and she tried to evict us 3 days before she legally could have for not mowing our lawn every other day. once she saw i knew my rights she finally backed off.
she dont provide heat or even adequate heat. and your wrong. the heat source has to be SAFE and has to keep the house a minimum of 68 degrees. i looked that up.
space heaters are neither, and again, we bought them not her. she provides no heat. you have to have the tank completely filled to get their business i done called and i cant shell out hundreds just for it not to even work!
also i sold my home in the past, and it had a brand new furnace in it, and being i was selling for far less than its worth, i didnt want to leave the furnace since my dead stepdad had bought it and it was a good one. but i was told by the powers that be that you have to provide a furnace. space heaters arent a legal or viable source.
if it was, i would of kept the furnace.
i know my landlord and trust me, the wall units dont work. it was pretty obvious. i asked her outright and she kept talking in circles.
then she said there was no way to be sure because noone uses them and they are outdated and useless and space heaters are better and cheaper. but trust me, she knows they dont work. it was all over her face. and this woman lies more than she breathes.

i emailed her back told her the house couldnt be condemned because the damages were minimal and you cant condemn or have one condemned unless the repairs are well beyond market value of the house. and that doing so would of been foolish anyways as theyd lose a buttload of money in the deal all cuz they dont want to pay an exterminator? makes no sense.
her threat is a bluff and her usual bullying because she knows threatening illegal evictions dont work anymore.
i have so much mess on her, and proof of it in emails and pics, that if she ever did evict me anyways shed be in a world of financial hurt.
it costs me thousands to move to this state just to have a crazy landlord try to evict me weeks later. over my sons autism.
so i cant afford to move and have no intention to until lease is up.
im mad enough we will have to move then rather than renew it. i want stability in my kids lives.
and they love their school and we like the house.

 

[OHRoadwarrior]

Take you basic mouse trap. Take some thread. Knot several small loops of thread about half the size round of your pinky through the trigger hole. Cover the trigger/thread with peanut butter. Be prepared to start catching baby mice fast.

 

[FarmerJ]

You can use the wet method, dish washing tub left in sink over night full of water , one plastic lid w a glob peanut butter on it floating mouse smells it , seeks it , falls in, (the rest is self explanatory ) or card board wired to the paddle of snap trap n soaked in pb. these are low cost. Heat well do you know a heating contractor that will just come over and hook up a barbecue propane tank to the line to test the wall heaters for you since it may be the same fitting ?? the email thing Id say switch to confirmed mail delivery , this way you have a hard copy paper trail with a method of delivery that a court is not likely to ignore ( I used to use certificate of mailing which no one had to sign for and never had the courts question it up here)

 

[Gail in Georgia]

"she dont provide heat or even adequate heat. and your wrong. the heat source has to be SAFE and has to keep the house a minimum of 68 degrees. i looked that up.
space heaters are neither, and again, we bought them not her. she provides no heat. you have to have the tank completely filled to get their business i done called and i cant shell out hundreds just for it not to even work! space heaters arent a legal or viable source
i know my landlord and trust me, the wall units dont work. it was pretty obvious."

"i emailed her back told her the house couldnt be condemned because the damages were minimal and you cant condemn or have one condemned unless the repairs are well beyond market value of the house. and that doing so would of been foolish anyways as theyd lose a buttload of money in the deal all cuz they dont want to pay an exterminator? makes no sense.
her threat is a bluff and her usual bullying because she knows threatening illegal evictions dont work anymore.
i have so much mess on her, and proof of it in emails and pics, that if she ever did evict me anyways shed be in a world of financial hurt.
it costs me thousands to move to this state just to have a crazy landlord try to evict me weeks later. over my sons autism.
so i cant afford to move and have no intention to until lease is up.
im mad enough we will have to move then rather than renew it. i want stability in my kids lives.
and they love their school and we like the house. "


From the quality of your writing, this is probably hopeless information for you to attempt to digest but if any inspection of the house ends up in its condemnation due to lack of an adequate heating source you will have no option but to move out.

There is absolutely nothing you have previously posted indicating that your landlord is attempting to evict you over your sons autism.

Gail

 

[Just Blue]

Also as a FYI (doubt you care OP) : Mouse droppings are a health hazard to children. If you are knowing allowing your child to live in such a poor environ...YOU are guilty of child neglect/abuse.

Move.

 

[Just Blue]

https://forum.freeadvice.com/juvenile-law-90/autistic-child-enrollment-rights-etc-568094.html

 

[Searchertwin]

she lied to get us here, we moved from 8 hours away

No one can force anyone to do something.
She may have lied, but it is eventually up to you to scott the area out and make a descion.

. told us this home was much different than it was and that there was no water nearby and traffic was light (i always ask because my autistic son dont understand danger or death). but in reality there is like 100 ponds in a 5 mile radius and 10 or more semis go down our street a day as well as other traffic.

You indicated you live in the country, I can count 6 ponds within a mile here. So what seems extreme to you is not to me.
There are numerous trucks, gravel, lumber, and logs trucks, that travel up and down the road. Again what seem extreme to you is not to me. This is how she probably looked at it. So was she lying? Maybe not, in her eyes.

she dont provide heat or even adequate heat. and your wrong. the heat source has to be SAFE and has to keep the house a minimum of 68 degrees. Space heaters are neither

Space heaters are safe, it is the person who operates them that makes it unsafe.
Depends on how many you are using. I have one tenant who uses only space heaters, she said it is cheaper than using gas. There is a gas furnace about three years old and they wish to use heaters. No problem on this end. I don't pay her bill, so why should I force her to use something that she can't afford?

she provides no heat. you have to have the tank completely filled to get their business i done called and i cant shell out hundreds just for it not to even work!

She does provide heat, you refuse to fill the tank. If you don’t have the money to invest in filling to find out, why would that be the LL problem? If you did fill it and it doesn’t work, than you have a case.

i have so much mess on her, and proof of it in emails and pics, that if she ever did evict me anyways shed be in a world of financial hurt.

I don’t see where you have the upper hand. Unless you are going to use the child condition for the reason and you really didn't provide any evidence that would say you have a winner.
You will lose. Why?
1) As stated, YOU let the child live in mice poop
2) YOU chose not to fill the tank to see if wall units work - so YOU CHOSE to live without adequate heat
3) YOU chose to live there, no on forced you to sign the lease
4) YOU should have looked over the area closer
5) What seems extreme to you is not to me
6) Country setting is mice heaven. NO way around it.

You said that the house is fine, just needs upkeep. Well, that goes both ways. A little cleaning to avoid roaches and more effort on catching mices.