Advice for this situation


Connie
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Okay, so we had a leak in our kitchen. It was coming from the area of the dishwasher and we thought maybe it was the dishwasher, so we called property management and they sent someone over to check. He said the dishwasher is fine but you have a pipe leaking. So they sent over a plumber. The best he could do was cap off that pipe and said he would need to come back later and tear up the floor to fix the pipe. This all happened the beginning of August. It really hasn't been too bad because the only thing we've been without is cold water in the kitchen. But it is a persistent little inconvenience we've had to deal with for all that time.

Since then, nothing has been done. We have called property management 5 times about this and every time they say we are trying to contact the owner, we'll call you back tomorrow... and they never do call back. So it's looking more and more like the owner perhaps doesn't want to pay for repairs. I would really like to request a reduction in our rent.

What would do in this situation? Any advice would be appreciated.

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Well its good you have hot water. What you do about withholding rent depends on the laws where you live. You might want to go read your contract as well.

If your contract allows you might have the work done yourself and deduct from the rent. One thing is for sure. You need to go have a face to face sitdown with the management people. They are lying to you if they say they have spent a month and a half trying to contact the owner. If nothing good comes of it then go find another place to live. They have broken the contract already by not maintaining the building properly.

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Write a letter and send it certified. Document when it happend, the promises made and unkept and the dates you've called. In the letter state a deadline. State in the letter than have X amount of weeks or days (whatever you decide) to complete the work, afterwhich you will call a plumber and then deduct the cost from the rent. Then wait for the return receipt on the letter and the deadline. The day after the deadline date, call a plumber and deduct the cost from your rent.

This advice is for Utah.

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Okay, so we had a leak in our kitchen. It was coming from the area of the dishwasher and we thought maybe it was the dishwasher, so we called property management and they sent someone over to check. He said the dishwasher is fine but you have a pipe leaking. So they sent over a plumber. The best he could do was cap off that pipe and said he would need to come back later and tear up the floor to fix the pipe. This all happened the beginning of August. It really hasn't been too bad because the only thing we've been without is cold water in the kitchen. But it is a persistent little inconvenience we've had to deal with for all that time.

Since then, nothing has been done. We have called property management 5 times about this and every time they say we are trying to contact the owner, we'll call you back tomorrow... and they never do call back. So it's looking more and more like the owner perhaps doesn't want to pay for repairs. I would really like to request a reduction in our rent.

What would do in this situation? Any advice would be appreciated.

Here is what we did in a similar situation:

Our stove and oven were unusable because of dangerous electrical problems. We notified the management. Nothing. We notified the owners. Nothing. After a month of this, I complained to my mother (who owns and rents out property). She advised me to write the owners a letter informing them that I would hire someone to come out immediately and replace the oven, then deduct the cost from my rent. This was a safety hazard and not acceptable to have for a week, much less for over a month.

That evening (Friday), I delivered the letter to the manager, telling the owners that at noon on Saturday, I would be contracting with Sears to replace the range, and would deduct all costs from my rent going forward. Saturday morning at 8:00 am -- surprise! -- the owners show up at our door, apologetic and ready to work. By Saturday afternoon, we had a working stove and oven again.

You might want to check local laws, but this is how I would proceed if I were in the same situation.

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You need to check local laws. As a landlord I understand how frustrating things can be when repairs don't get made, and I try my best to be attentive.

It seems odd the property management company isn't communicating very well. That being said in the state where I live the tenant has no right to deduct from rent the cost of repairs or refurbishments unless specifically spelled out in the lease/rental contract. If my tenant were to try to deduct from rents a perceived repair I would give them an eviction notice for non-payment of rents.

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First check on what "rights" you may have as a renter in your state. If it was my family without cold water at the kitchen sink this is what I'd do.......

1) Send registered mail to property manager describing the lack of adequate repair.

2) State that no further rent payments will be made until proper repairs are made.

There is a home across the street from us that has new renters every few months, we found out the owner is fighting foreclosure and has not made payments in 2 years. There are times I go mow the yard because I can't stand to look at it, another neighbor also does the same thing. Hate to see the condition of the backyard and pool........

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You need to check local laws. As a landlord I understand how frustrating things can be when repairs don't get made, and I try my best to be attentive.

It seems odd the property management company isn't communicating very well. That being said in the state where I live the tenant has no right to deduct from rent the cost of repairs or refurbishments unless specifically spelled out in the lease/rental contract. If my tenant were to try to deduct from rents a perceived repair I would give them an eviction notice for non-payment of rents.

Even if there were unsafe conditions or hazards that could cause injury or health issues that you failed to take care of once notified?

Edited by pam
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You need to check local laws. As a landlord I understand how frustrating things can be when repairs don't get made, and I try my best to be attentive.

It seems odd the property management company isn't communicating very well. That being said in the state where I live the tenant has no right to deduct from rent the cost of repairs or refurbishments unless specifically spelled out in the lease/rental contract. If my tenant were to try to deduct from rents a perceived repair I would give them an eviction notice for non-payment of rents.

Even if the needed repair presented a hazard, and you had been notified and had failed to fix it? I doubt there is a court in the land that would uphold your eviction or find in favor of a landlord who showed such negligence. (But I'm no lawyer.)

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Even if there were unsafe conditions or hazards that could cause injury or health issues that you failed to take care of once notified?

why would you jump on him he is only stating the laws as they pertain to his state, I am sure that FXDB is a good land lord and takes care of his tenants needs as they come up.

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why would you jump on him he is only stating the laws as they pertain to his state, I am sure that FXDB is a good land lord and takes care of his tenants needs as they come up.

So why are you jumping on me when Vort asked the same question immediately after I did?

Also where do you get the idea I'm jumping on him? I'm asking an ethical question.

If a landlord has been notified of a hazardous or something that could be a health issue and fails to do something about it...why would he evict someone because they are unwilling to pay for something that they would have a right to have as a contracted tenant? Just saying....

What if it were a faulty heater or something that would emit carbon monoxide? What if railings on stairs were broken and someone fell down the stairs? What if? Again...just saying...

Oh and can I also ask? Why do people keep coming back thinking that we would never realize that they are someone we had already previously banned? Not once but numerous times before?

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Just because something is unethical, does not make it unlawful. Some states have very stringent tenant rights. Also, most tenants in my experience know little to nothing about how to properly repair the properties. Add on to that most tenants do not care for their properties as if they are their own and you have a situation that leads to neglect on the part of the tenant.

If a tenant takes into his hands to effect a repair on one of my properties, they are in effect spending my money...

Most tenant repairs, not all, but most take the path of least resistance and you typically see a half-way job done by an inexperienced or unlicensed repair man which in the long run can cause more damage the property than not fixing it.

A lot of things can happen when you own real property, there are a lot of what if's. That is why you should carry an umbrella policy.

That being said, I think a contentious land lord (like myself) looks to be ahead of repairs and looks to keep their properties maintained. Which is why I will iterate that any tenant that seeks to spend my money will be evicted in accordance with the laws of the state and city where I live. You don't let strangers spend your money do you?

The OP should take all measures to inform both the management company, and the owner of his problems. If those problems persist then they should seek to leave the property. A good land lord will fix those problems because it is in their best interest to keep the properties as maintained as possible. Neglect of small fixes inevitably leads to more expensive fixes down the road, or even major renovations.

whose been banned???

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Oh and can I also ask? Why do people keep coming back thinking that we would never realize that they are someone we had already previously banned? Not once but numerous times before?

1. The challenge of the game.

2. Ignorance.

3. Because they can.

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Just because something is unethical, does not make it unlawful. Some states have very stringent tenant rights. Also, most tenants in my experience know little to nothing about how to properly repair the properties. Add on to that most tenants do not care for their properties as if they are their own and you have a situation that leads to neglect on the part of the tenant.

If a tenant takes into his hands to effect a repair on one of my properties, they are in effect spending my money...

Most tenant repairs, not all, but most take the path of least resistance and you typically see a half-way job done by an inexperienced or unlicensed repair man which in the long run can cause more damage the property than not fixing it.

A lot of things can happen when you own real property, there are a lot of what if's. That is why you should carry an umbrella policy.

That being said, I think a contentious land lord (like myself) looks to be ahead of repairs and looks to keep their properties maintained. Which is why I will iterate that any tenant that seeks to spend my money will be evicted in accordance with the laws of the state and city where I live. You don't let strangers spend your money do you?

The OP should take all measures to inform both the management company, and the owner of his problems. If those problems persist then they should seek to leave the property. A good land lord will fix those problems because it is in their best interest to keep the properties as maintained as possible. Neglect of small fixes inevitably leads to more expensive fixes down the road, or even major renovations.

whose been banned???

I've been a landlord and had tenants fix things on their own or made additions without permission, but that's not what this thread is about.

This thread is about a landlord who isn't holding up his end of the deal. In Utah, with appropriate notice tenants can (or could when I was a landlord and when I was a tenant before that) make repairs and deduct from the rent.

Evict? There are stringent laws in Utah about when a landlord can evict too. Which is why I won't be a landlord again. The laws were heavily on the tenants side.

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