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biscuitperifrank | Rental home question? |
I rent my home. When we moved in, the owner stated that the deck would be replaced. It has not been done and we have lived here 1 1/2 years. It is in really bad shape. I need to know that if any of us are hurt if it would collapse or even a board breaks (it is that bad), do we have a lawsuit? Nothing was ever put in writing when we moved in, but all phone and written inquires by us have been ignored. |
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Dez
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I am currently a property manager (but not like your landlord). My advice would be to document the conversation you had with him 1-1/2 years ago, state that you are giving him a month to repair it before using your rental funds to have it repaired as it is a safety hazard. Make sure you mail it "return receipt" so as to have proof of mailing, and keep a copy!
My opinion is IF you kept records of all the times you have contacted the owner over the condition of the porch - if something were to happen and you were hurt the owner would be liable, to a point. Knowing it was unsafe, you couldn't have a party there and not be liable yourself if someone were hurt because you knew better...
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mark m
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you could pay your rent to an escrow account and take him to landlord tenant court that way you wont get in trouble for not paying rent and he will be more motivated to right this wrong |
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heretohelp
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well she'he is the land lord/lady and they have a jobto do . if they havent fixed it by now and someone gets hurt, id say you can deff. go to court over that . |
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mbrcatz
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Do you have a lawsuit? Sure, here in the USA anyone can sue anyone else. In order to win, you'll have to prove that the owner KNEW that the deck was in poor condition.
If I were you, if you want to set him up so you can win that suit, send him a letter, certified, return receipt, informing him that the deck is in really bad shape, remind him that he was going to replace it 18 months ago, and that you would like it done asap to prevent injuries. Keep a copy of it.
Of course, if it was me, I'd say, stay off the deck. You KNOW it's in bad shape, you're asking for an injury. |
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mimi
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If you did not get it in writing, he doesn't have to replace the deck. If it is a hazard, however, and your letters have been putting him on notice that it is a hazard, he might be liable if damage to your property or injuries resulted from his neglect. If you have been good tenants, the landlord probably wants to keep you. If it is truly a safety hazard, I think you should go before a landlord/tenant court and have the issue addressed. Don't wait until you're injured. Another poster mentioned paying your rent into an escrow account rather than directly to the landlord. That sounds like a good idea, too, until you get it settled legally. Don't fall behind on rent, though. It will just look like you're trying to get something for nothing and it won't look good to the judge at all.
Last, you know that the deck is hazardous and the landlord has written proof that you know in the form of your letters. Therefore, you should definitely NOT use the deck until it's repaired. You might be considered negligent yourself if you knowingly endangered yourself or others. |
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Nikki
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Don't use that deck. Since nothing is in writing, it depends on if your state accepts verbal contracts as binding or not - if they don't you don't have a case. Instead, what you should do is call the landlord and tell him the deck is in dangerously bad shape and since it's a health hazard you are giving him one more month to fix it. If he doesn't fix it in that time then you will be hiring a repairman yourself and will deduct that cost from your monthly rent. When you deduct the cost make sure to include the receipt from the work. It would also be good to get the deck's safety assessed by a home inspector before you do anything, as I am offering these suggestions based on what you are saying and as you are not a home inspector (I'm assuming) I don't know for sure that you really have the legal option to have the work done and take it off the rent. |
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car253
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You can send the landlord a certified letter tell them you are concerned about the deck.
Another thing you can ask is to make sure he has a Rental Dwelling Policy which contains liability. Liability is in case you get hurt.
It may not be easy getting their insurance info. But if you sue them later on, he will waste no time in calling his insurance company for help. |
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Kadiatu B
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