What can we do?

[mrevell]

When my family moved in to this home over two years ago, the landlord still had alot of his belongings in the house. He promised that he would remove it that week. Also two
storage buildings packed full. He promised to have those cleared out by the end of the
month so we could use them. As of today this hasn't happened.
There are things upstairs in the room above the garage and in the garage,we can't even park the car in there!
In the back yard he has (junk) piled up so bad the neighbors said they were going to contact a lawyer because it was on some of there land. And they are related to him!
We have had alot of snakes because of this and because of drainage ditches throughout the property that do not flow well.

The house is in need of repair, all of the electrical outlets in two bathrooms don't work. The unit upstairs leaks through the kitchen ceiling and it is hanging down. Our children have had to sleep down stairs on the floor, more than in their beds, because of the unit not being repaired. It's too hot in the summer and too cold in the winter.

There is a hole in the family room floor, under the carpet by the door. You can see under the house!

The gurder suport under the house has come down and he has the pipe from the disposel
running through to yard.

The house is only 15 yrs old and we are paying very high rent and not getting full use of the property. He has just annouced he is raising to rent $300 more.

We would like to buy the house, but until then, what can we do about this. We have asked him several times but get nothing! We really don't want to have to pay $300 more. We are really paying more than should have been asked now.

Thank you for your time and help!!!

 

[msattorney]

I am not sure why you want to stay in this house or buy it. Are rentals that hard to come by where you are? As long as you continue to let him control your home, he will. You said you have been in the house for 2 years, yet his stuff is still there. What about demanding that he remove it? You might contact a local real estate attorney and go over the facts with him/her. A simple "attorney" letter might get him to repair it or get rid of his stuff. There is a question of whether the premises are actually"inhabitable" under the law. If they are, then that is grounds in some places for withholding rent or reducing your payment by what you actually pay someone to get the place back into a livable condition. I think it would be worthwhile to speak to an attorney or check your phonebook to see if there is a landlord/tenant organization in your community that can give you some guidance. Good luck.

 

[BobF]

Instead of getting an attorney involved, determine the fair market value of rent for the garage and write the Landlord a letter telling him you are withholding that amount of rent until he removes his items. Better yet, find another house! Then move.

 

[Re: What can we do?]

The house is 3000 square feet and on five acres of land. With the repairs of the items mentioned in the first post, the house it self would be find.

How can we get him to remove his belongs without him throwing us out. That has been a
major factor that has kept us from persuing
this with him. Do we have a right of storage fees, being we have been paying for use of the property, which we never got? And can he make us move?

 

[Tracey]

Most states have laws forbidding retaliatory evictions against tenants who complain about landlords or hold landlord to the contract. Check your state's residential landlord-tenant act.

However, I agree with MsAttorney: why on earth do you want to buy a 15 year old house that was so poorly constructed that it's already legally uninhabitable??? Surely you can find a better house for similar money. It's not like the owner is going to credit you with the last 2 years' rent in the purchase price!

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.