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withholding rent

Rÿcher

Fleet Captain
my landlord is a lazy a-hole. He won't shovel off the roof. It's got nearly a foot of snow and ice on it and he knows the ceilings in the house are prone to cracking and leaking. The other day, my wife had the shove the front door with her shoulder like a linebacker to get through the ice that's built up just to get out. The driveway is a sheet of ice two inches thick and he refuses to come sprinkle sand.

He refuses to make any kinds of repairs to the house whatsoever. The house's wiring is all FUBARed. There are three apartments, two of which share electricity and the studio next door is being shafted because some of their outlets are on our side but we didn't learn that until very recently and they're moving out in a week. The landlord made an appointment with the power company to come out to come see what can be done. The power company showed up but he "forgot". He didn't reschedule.

Tonight a breaker died and our dishwasher (that we own) isn't working because of it. He says that Monday he'll come over and take a look.

He leaves us notes on how to save heat by putting plastic over the windows and limit our showers and limit our heating expenditures but he downright refuses to even consider vinyl replacement windows. You can tell how old these windows are from the amount the glass has run. Anyone who knows about glass knows it's an amorphous solid and will run after a time creating sags like plastic exposed to heat. So, the glass is about 50+ years old with the original frames.

We have bats, mice, wasps, ants. He doesn't do anything about them except give us a maximum of two small 2" x 2" rat poison bait traps and a can of wasp spray.

There are at least two areas of the bedroom where the flooring are soft enough where, if you stepped, your foot would sink in a good 4 or so inches so if you don't expect it, you could trip and break your ankle or worse. We've let him know this on a number of occasions and he's done nothing. We've tried making due by putting our bed (a king size) over these spots to limit foot traffic over them. Seems to work okay but I fear that the holes might be a symptom of a bigger problem - mold or termites or something.

Here's one more thing and this is a pissah: He raised the rent because of the high price of heating oil and said in writing that when oil prices go down, our rent will also go down. That was when oil prices were in the high $3 range. $3.90's I guess. Thing is, this apartment gets the receipts from the oil guy when he's through delivering the oil. The amount he's paying is only like $2.86. The landlord's excuse; He's trapped in a payment arrangement with the oil company. He locked in at that high price and since he's making payments instead of paying by credit, he still has to pay the higher price. I thought that when you lock in, you automatically get the lower price when the price drops or is he feeding is a bunch of week-old bullshit?

I'm considering putting all this into a letter to someone - I don't know who yet. I wouldn't even know who to address it to.

And here's another thing: Me coming from foster care - granted, that was 15 some years ago but it still lingers with me, unstable living environments and everything, I don't want to make waves. I have a warm, stable place to live. Who am I to ruffle feathers? But I am getting so frustrated with all this BS of his that I can't stand it anymore and I abhor having to move yet again.

someone please help
 
I'd suggest asking a lawyer. It sounds like a breach of contract on his end. He has an obligation to provide service that he isn't (at the very least, the price you pay for rent should come down and maybe threat of legal action will help there).
 
I know that where I live getting rid of mice and ants is the tenant's repsonisbility. Replacing circuit breakers is also the the tenant's responsibilty (I think).

I think you need to check to see just what isyour responsibilty and what is the landlord's.
 
Whatever else the guy is doing wrong, it is accurate that if you contract for heating oil, your price is set. If it goes higher than what you contracted for, you save a lot of money. But if the market price drops below what you contracted for, you can lose your shirt. Bottom line, if he did indeed contract in advance for it, he is paying more than the current market price.
 
Why did he contract then? Did he really think it was going to get worse instead of better?
 
In regards to home improvement / repairs / maintenance, it really all depends on what is in your lease or renter's agreement. I used to live in a townhouse where it was specifically stated that I was responsible for all snow removal, yard upkeep and house maintenance. Now, if you have a cool landlord (like I did), you can get reimbursed for the parts and labor, but if not, then you're screwed.

If that type of stuff is not in your rent agreement, then put everything you need done in writing to your landlord. Make sure you mail it to him in certified letter form so there's proof he received it. Otherwise, it simply becomes a he said/she said situation, and you have no legal recourse. Different states have different laws, but you cannot withhold rent if there's no proof you notified your landlord of the issues.
 
my landlord is a lazy a-hole. He won't shovel off the roof. It's got nearly a foot of snow and ice on it and he knows the ceilings in the house are prone to cracking and leaking. The other day, my wife had the shove the front door with her shoulder like a linebacker to get through the ice that's built up just to get out. The driveway is a sheet of ice two inches thick and he refuses to come sprinkle sand.

He refuses to make any kinds of repairs to the house whatsoever. The house's wiring is all FUBARed. There are three apartments, two of which share electricity and the studio next door is being shafted because some of their outlets are on our side but we didn't learn that until very recently and they're moving out in a week. The landlord made an appointment with the power company to come out to come see what can be done. The power company showed up but he "forgot". He didn't reschedule.

Tonight a breaker died and our dishwasher (that we own) isn't working because of it. He says that Monday he'll come over and take a look.

He leaves us notes on how to save heat by putting plastic over the windows and limit our showers and limit our heating expenditures but he downright refuses to even consider vinyl replacement windows. You can tell how old these windows are from the amount the glass has run. Anyone who knows about glass knows it's an amorphous solid and will run after a time creating sags like plastic exposed to heat. So, the glass is about 50+ years old with the original frames.

We have bats, mice, wasps, ants. He doesn't do anything about them except give us a maximum of two small 2" x 2" rat poison bait traps and a can of wasp spray.

There are at least two areas of the bedroom where the flooring are soft enough where, if you stepped, your foot would sink in a good 4 or so inches so if you don't expect it, you could trip and break your ankle or worse. We've let him know this on a number of occasions and he's done nothing. We've tried making due by putting our bed (a king size) over these spots to limit foot traffic over them. Seems to work okay but I fear that the holes might be a symptom of a bigger problem - mold or termites or something.

Here's one more thing and this is a pissah: He raised the rent because of the high price of heating oil and said in writing that when oil prices go down, our rent will also go down. That was when oil prices were in the high $3 range. $3.90's I guess. Thing is, this apartment gets the receipts from the oil guy when he's through delivering the oil. The amount he's paying is only like $2.86. The landlord's excuse; He's trapped in a payment arrangement with the oil company. He locked in at that high price and since he's making payments instead of paying by credit, he still has to pay the higher price. I thought that when you lock in, you automatically get the lower price when the price drops or is he feeding is a bunch of week-old bullshit?

I'm considering putting all this into a letter to someone - I don't know who yet. I wouldn't even know who to address it to.

And here's another thing: Me coming from foster care - granted, that was 15 some years ago but it still lingers with me, unstable living environments and everything, I don't want to make waves. I have a warm, stable place to live. Who am I to ruffle feathers? But I am getting so frustrated with all this BS of his that I can't stand it anymore and I abhor having to move yet again.

someone please help

Depends on how the rent laws work in your area, but I'd:

1) Report the landlord to your local housing authority.

2) If the law in your area allows, start paying rent into an Escrow account (Here in L.A. Calif. you can do that, and the Landlord can't evict you and dosn't see a cent until the house is brought back up to code - and usually, here they get either 30 or 60 days max to comply).

Good luck.
 
Why did he contract then? Did he really think it was going to get worse instead of better?

Basically, yeah. Many corporations or institutions obtain their commodities by contracting in advance. It allows them a hedge against a really bad spike in a market, as well as permits for far more easy budgeting. Basically, though, you pay some commodities marketer to take the risk on which direction the price will go for you. Sometimes, it really catches you. Like now.

Of course, one couldn't blame the landlord for locking in a rate for heating oil this year. Prices on any sort of heating commodity haven't dropped year-over-year since 2001 and nobody foresaw how the markets were going to drop on any oil related products. For instance, did anyone in here really think that oil would be around $35 a barrel right now, or gas around $1.50 a gallon back in July of this year, when this guy likely signed a contract and locked in his price. I'm betting that he probably thought he was getting a hell of a deal back then. :lol:
 
What state do you live in? So someone on the board can look up your local laws.

Maine

I know that where I live getting rid of mice and ants is the tenant's repsonisbility. Replacing circuit breakers is also the the tenant's responsibilty (I think).

I think you need to check to see just what isyour responsibilty and what is the landlord's.

The tenant's agreement that we signed when we moved in said that we're solely responsible for keeping the place in good condition, paying the electricity, the rent on time unless other arrangements can be made and keeping the walkway clear of hazards such as snow and debris. Not making any unauthorized modifications to the unit without written permission from the landlord etc.

Not being a licensed electrician or journeyman myself, I can not and will not swap out the circuit breaker myself. It is both illegal and dangerous.

Whatever else the guy is doing wrong, it is accurate that if you contract for heating oil, your price is set. If it goes higher than what you contracted for, you save a lot of money. But if the market price drops below what you contracted for, you can lose your shirt. Bottom line, if he did indeed contract in advance for it, he is paying more than the current market price.

Yeah, if he's paying more than the current market value for oil and he's sticking with the same company, he's obviously either contractually bound to stay with them or is indeed being charged the lesser amount yet still charging us, his tenants the greater amount of rent to compensate for the alleged increase in oil he's supposedly paying in oil. If the former is true sans the contractual obligations, he should switch companies.
 
I suppose after reading the statutes in the tenant laws provided by Tharpdevenport (thanks) doesn't constitute an unsafe or unhealthy living environment. He's (the landlord) is simply neglectful and does the bare minimum upkeep to the dwelling.
 
What state do you live in? So someone on the board can look up your local laws.

Maine

I know that where I live getting rid of mice and ants is the tenant's repsonisbility. Replacing circuit breakers is also the the tenant's responsibilty (I think).

I think you need to check to see just what isyour responsibilty and what is the landlord's.

The tenant's agreement that we signed when we moved in said that we're solely responsible for keeping the place in good condition, paying the electricity, the rent on time unless other arrangements can be made and keeping the walkway clear of hazards such as snow and debris. Not making any unauthorized modifications to the unit without written permission from the landlord etc.

Not being a licensed electrician or journeyman myself, I can not and will not swap out the circuit breaker myself. It is both illegal and dangerous.

Whatever else the guy is doing wrong, it is accurate that if you contract for heating oil, your price is set. If it goes higher than what you contracted for, you save a lot of money. But if the market price drops below what you contracted for, you can lose your shirt. Bottom line, if he did indeed contract in advance for it, he is paying more than the current market price.

Yeah, if he's paying more than the current market value for oil and he's sticking with the same company, he's obviously either contractually bound to stay with them or is indeed being charged the lesser amount yet still charging us, his tenants the greater amount of rent to compensate for the alleged increase in oil he's supposedly paying in oil. If the former is true sans the contractual obligations, he should switch companies.

I wouldnt say that your responsibile for citcuit breakers. Typically a landlord is responsible for fixtures and hardware in a residence.
 
Rÿcher said:
Not being a licensed electrician or journeyman myself,

Totally unnecessary.

I can not
False.

and will not swap out the circuit breaker myself.
Ok, that's your choice.

It is both illegal
:wtf:

I wouldn't think so. I couldn't possibly imagine why, if it were.

and dangerous.
It's actually quite simple, can be done in 15 minutes in most cases, and often doesn't require any hand tools. I'd say that it's about as dangerous as replacing a fluorescent light bulb.
 
I barely read much of the original post (about the first paragraph), but even based on that, why the hell don't you MOVE? Seriously, I wouldn't rent from someone I considered an asshole.
 
Oh, and I might add, the type of circuit breaker you are most likely to need cost $6.47 at Home Depot and doesn't even attach with screws of anything. It simply snaps into place in the breaker box.
 
I barely read much of the original post (about the first paragraph), but even based on that, why the hell don't you MOVE? Seriously, I wouldn't rent from someone I considered an asshole.

I'm friends with the guy who lives upstairs and it's a quiet neighborhood and

And here's another thing: Me coming from foster care - granted, that was 15 some years ago but it still lingers with me, unstable living environments and everything, I don't want to make waves. I have a warm, stable place to live. Who am I to ruffle feathers? But I am getting so frustrated with all this BS of his that I can't stand it anymore and I abhor having to move yet again.

Oh, and I might add, the type of circuit breaker you are most likely to need cost $6.47 at Home Depot and doesn't even attach with screws of anything. It simply snaps into place in the breaker box.

From what I'm told, it needs to be done by an electrician or it's more complicated than I was led to believe because the handy man that lives above me is adamant that it needs to be done by an electrician or at the very least with the landlord on the premises with his express permission.
 
Check your contract carefully.

If the landlord is meeting his obligations under the contract, and the place is in general habitable then if you're unhappy, I suggest looking for a new place to live!

You could just stop paying, of course, but if the landlord is meeting his contract obligations and takes you through the court system, eventually my guess is you'll end up paying it back and maybe a penalty/interest charges too. Alternatively, I guess your lawyer might be able to create enough mitigating circumstances from the sob story to limit how much you pay back. Up to you whether the hassle & potential costs of all this is worth it.

Personally, I'd say the simplest solution is just to move somewhere nicer.
 
From what I'm told, it needs to be done by an electrician or it's more complicated than I was led to believe because the handy man that lives above me is adamant that it needs to be done by an electrician or at the very least with the landlord on the premises with his express permission.

I would look into it, because it sounds like the handyman wants YOU to pay HIM to do a job that you can do in 15 minutes for less than $10.

I can't see any reason why it would be illegal (that's just ridiculous) or require an electrician (it's just way too easy to do).
 
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