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 HELP!!!! I just signed a month to month lease, the apartment is terrible. How do I put in my notice to vacate? |
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ryjoesie | My husband and I are renting a rural home. Should we pay our landlords utilities, Without prior agreement? |
My husband and I found a cute home in rural oregon. We live there with our 2 young daughters. We recently found out that the well on our property also runs water to the landlords dwelling, (and barn) as well. This means that our outrageous utility bills was becuase we were paying for the portion of the their usage. Their was no disclosing this in the lease agreement, and the only reason we found out was because the well had a major leak and we had no water. They then fixed it, after we complained, and the company who fixed it said that the well runs both places. After we gave them a letter stating that they owe us 60% of all the utilites that have been billed to us, we received a 72 hour eviction notice. Is this OK, should we just move out and cut our losses (apprx $1800.00) or should we fight this in court? Any comments would be greatly appreciated. |
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Landlord
 |
The well is not costing you much. The water is free, just the pump requires power. The power it uses (I own several properties with wells) runs 1.50-2.00 a month.
BTW, trying to stick your 1800 bill on the landlord will not work, you are still required to pay it even if you skip town. Eventually you will get a job and they will get their money. |
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Paul in San Diego
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If you can prove how much it cost you each month in increased utilities to provide water to your landlord (electricity to pump the water, for example), I would suggest taking him to small claims court.
Regarding the eviction notice, I didn't know you could evict someone within 72 hours. In California, you have to give someone 30 days by law. |
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L.K. Duh
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That electric bill has to be fairly high if you run the pump on demand like that.
How do you know the pump is metered to your house and not the landlord's?
On one hand you could move and sue the landlord. Or, you could stay and sue the landlord.
The thing is, it would be settled in small claims court, and you'll be face to face with your landlord. The judge will ask what you did to resolve the dispute--what will your answer be?
Why not have a heart-to-heart with your landlord? |
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OR
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hey Hun! i live in Oregon too.
omgosh! YES fight it the landlord was shifty for making you pay for what water HE used for HIS HOUSE! What a rat he is.
Please take them to court this is unfair and we do have great laws here. There are lots of laws to protect tenants from people like him so don't even hesitate.
Make sure you keep all of your documents. Courts love to see bills and eviction notices. Any evidence on paper!
Look over your contract before you get a lawyer and make sure it's not in the fine print about the well. If he did not disclose this then he was doing it to make a fast buck off you.
best wishes! keep me posted as to what happens!
I hope you find a better place to live, unless you want to stay there. lol.
:) take care!!! :) |
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Jlynn
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if there was nothing in the lease agreement about a shared utility, and you were paying the full bill including their fees, pursue it. you have a case.
a little confusion though -- here if you have a well there are no water fees. what utility were you paying that was theirs ? |
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Anna S
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fighting it in court can be really scary, but if you have a copy of the lease and you're sure its not hidden on there, proof you're paying for their water, etc, it's enough that I would take them to court. I've had to do this before (different reason) and it's super scary and stressful, but worth it if you have the proof to seal the deal. If this were me, I would for $1800. Get as much possible information in document form as possible, the more the better for the judge. In Cali it was beyond a reasonable doubt form, so if Oregon is the same you can prove beyond reasonable doubt that they owe you that money, you win. I am rooting for you, it's always a shame when someone has to deal with this situation. I hope things work out for you, and I wish you luck! |
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Surge
 |
Your landlord cannot give you a 72 hour eviction notice unless you have not paid your rent. I assume you have a month to month rental agreement and you are current on your rent. Here is some pertinent information from Oregon State Bar (link posted below under sources):
"In most kinds of housing, a landlord of a month-to-month tenancy may also attempt to evict you with a 72-hour notice for not paying your rent. This may happen if you have not paid rent within 7 days of its due date."
"If your landlord wants to terminate your tenancy, he or she typically must give you some kind of written notice. The landlord must wait until the amount of time stated in the notice has passed before being able to get a court to evict you. And if a court case is filed, you are entitled to notice and a hearing if you want to remain a tenant and if you believe you have legal defenses against an eviction. Your landlord may not get around this process by locking you out, or by shutting off your utilities or other essential services."
"If you have a month-to-month tenancy, you pay rent once a month and your rental agreement continues until either you or your landlord ends it. To end a month-to-month tenancy, you or your landlord must give each other written notice. This notice can be given at any time, but it must allow for at least 30 days before the actual date of termination The notice must clearly state the date that the tenancy will end. In private rental housing, it is not necessary for either party to give a reason for ending the tenancy, although a landlord may not give such a notice for an illegal reason. A landlord may base a court eviction proceeding on a 30-day notice given by a tenant. However, in some kinds of housing, including some government subsidized housing programs, a landlord cannot evict a tenant with a 30-day no-cause notice."
There is far too much information to post here. As a renter you have rights and it sounds like your landlord is in violation of the eviction rules. Of course there are certain activities that you can do to lose those rights (illegal activities, intentional damage to the property, etc) but I'm assuming you're clean.
I advise you to check out the website, learn your rights, and consult with a lawyer. (I am not a lawyer)
Good luck! |
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spadezgurl22
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DO U HAVE A LEASE??? what is their grounds for eviction?? i say stay and wait it out, they think by evicting u they can intimidate you to cut ur losses but if u have a lease valid until a certain day you are protected by the law. I suggest waiting to get served for your court date, go there, BRING ALL DOCUMENTATION, bring the water bills, a summary from the contractor who did the repair stating what they observed as a result of the leak, etc, have their statements notarized!!!! you will not only get the reiumbursement but then u can stayuntil the continuation of your lease. seems like they thought they had got one over on u and now that you realized it they think they can kick u out. they cannot just bully u with a 72hr eviction (which isnt even legal in most states) go to court and fight this your in the right. |
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Hokie_Pokey
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Well water is free. What cost are you out of? |
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