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hi
ive always rented furnished accomadation .but now ive got a house and i need basically everything.im on a tight budget.ive tried freecycle,does anybody know of any similar websites or ... |
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Connie M | Landlord trying to get over on us.? |
about a month or so back, my landlord decided she wanted to name her ex-husband (who apparently "owns" the property) to be landlord, so she took our lease & whited out her name & wrote in his. we never agreed to this change, nor initial it on the rental agreement.
how illegal is this?
we have been trying to get assistance from the state for a month & because of this lease situation, we cannot. we do not know the ex-husband, have no number to contact him with, nor do we pay him our rent. it all is through her. she won't give us a number for her either.
we have had plumbing issues since we moved in (the sink & toilet clog without notice) & our central air is pretty much useless since there are holes in them that let the air right out (one you can actually see the ground through it).
what are our options? we have tried to get in contact with a lawyer for a free consultation & have yet to find one. if we had the money to move, we surely would, but we're stuck for now. |
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Elsie
|
Real estate sales are a matter of public record. Check with your county recorders office and find out who actually owns the property at the address where you live. It's helpful if you have approximate date of the sale. If your land lady is really the owner, and she's trying to make it sound like the property is not her responsiblity, then you have the proof to show her that she is the property owner, and that you want these things fixed.
If it turns out she is telling the truth and her ex-husband does actually own the property, you will then have his name and the address where he was living when he acquired the property. Once you have that, you can hopefully track him down.
In the mean time, I would stop paying her rent. If she doesn't own the property, then she probably isn't paying the mortgage and taxes on it, so she shouldn't be collecting the rent. Put the monthly rent in a special savings account, and tell her when she has a new lease stating that he is the owner, and he is allowing her to manage the property, then you will pay the rent. If she can't provide that, then continue to try to track down her ex-husband and give the rent money to him when he fixes the problems.
I have a feeling what happened is that your landlady acquired the property in their divorce settlement, but the property was never legally transferred to her name. She may be making the payments, but has figured out a "loop hole" to justify not paying for any repairs and upkeep on the property.
I'm not a lawyer, but if she doesn't own the property, I don't think she can't evict you...only the property owner can. |
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src50
|
It is not legal. She has to present you with an amendment to the lease and both parties have to sign it. |
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bdancer222
|
White out on just about any contract, pretty much voids the contract unless both parties initial the change.
Hopefully, you have a copy of the original lease. |
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pandora_71291
 |
It is illegal what she has done but, and I do mean but, unless you have alot of time and some money there is nothing you can do. You have to go to small claims court and it costs about 500 dollars or so to do the whole process. If your state has a housing authority or something like that then they may be able to help you file a complaint against her. There are laws to protect you but it varies by state. Contact the clerk of court and see if she or he has any suggestions. Good luck. |
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Supermommy!!!
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Contact legal aid it is free. My cousin is a lawyer there and they deal with this stuff all the time. I bet if you stop paying her she will give you a number. |
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♥ || Brown Eyed Girl || ♥
|
If she made any changes to her copy of your lease, the right (LEGAL) thing for her to have done was -
1. Told you about the change
and
2. Given you a copy of the revised lease.
I would confront her about this. If she gives you the "cold shoulder" go to your local courthouse and open a case against her in small claims court.
What she did is ILLEGAL |
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7/10 Split
 |
Next time you pay your rent, include a typed signed letter that is dated indicating all of the repairs that you are requesting to be made. In the letter, give her 10 days to contact you about your concerns. By depositing your check, it will prove that she received your letter (be sure to make a copy of the letter for yourself). If nothing is done, send a follow-up letter the next month and reference the date of the first letter and your continued concerns (again, make a copy for yourself). I'm sure that you can find sample letters online. The date you made the concerns and the documentation will be key. Even though you are renting, you still have rights as a tenant. If it continues, you might need a lawyer, but the cost of a lawyer willl probably exceed the cost of the repairs. Some lawyers will offer pro-bono services. I nice certified letter from a lawyer documenting the number of times you attempted to contact her (dates of letters) might scare her enough to make the repairs without any further litigation (I'm sure she doesn't want to pay legal fees either). |
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Lisa
|
You have my sympathy. You were screwed.
In my state you can place your rent in a escrow account until the landlord makes repairs. Doing so demostrates that you are good renter and paying your bills, but the landlord does not get the funds until the repairs are made.
Something to think about - if the ex-husband owns the property and she does not, your first lease with her may not have been legal in the first place. If she doesn't own it, she can't rent it, right?
Good luck. |
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Biggie @ Arbor Mortgage
 |
White out is considered fraud. |
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David C
 |
Substituting landlords without written notice to lease holders is illegal in most states.
If the home is uninhabitable because of the plumbing and air conditioning you can notify your landlord, in writing, that you are going to withhold rent until the problems are fixed or you can fix the problems and offset your rent by the costs of the repairs.
Look in the yellow pages under "attorneys" for attorney referrals. Ask for a "pro bono" consultation attorney for real estate matters.
Good luck. |
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Elaine K
|
That's fraud and it is very illegal. You can take her to small claims court and if you can't afford to move they can at least rule in your favor on who your landlord is. They may try to get it officially changed, and at that point you will have to deal with whoever the landlord is.
Either way, I'd start saving up for a move, whenever the move may be.
P.S. Sometimes a subtle threat of going to court will whip a lazy and bad landlord into shape.
P.S.S. A/C is not considered a necessity, so you can't withhold rent for the A/C, but you can for the plumbing if the condition is so bad that you can't live there. |
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