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Re: Tenant rights (long)
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Posted by Bruce (more from Bruce) on Wed, 14 Sep 2011 10:50:50 Share Post by Email
In Reply to: Tenant rights (long), Bcharliek, Wed, 14 Sep 2011 09:00:07
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As rental laws can be quite different from state to state & even town to town, you really need to get a lawyer, (one who deals with this type of thing), to answer all of your questions.

Before you even speak to one, or go to court (don't forget about taking on court costs, etc), best to have everything documented (pictures, receipts, copy of the lease, etc) as best you can... and that also means statements from "witnesses" to all of the conditions & work & incidences and any other statements this woman said to you, (these may need to be notarized... again check with a lawyer). Also you may want to verify the lease is legal... i.e. does it conform to the laws.

You may also want to find out what, if anything, she might need from the town/state to rent, and if she has those approvals, (I know someone who couldn't sell their old house and had to spend a few grand to make improvements so it could be rented per the towns codes).

As far as getting all your rent back, check with a lawyer.

As far as being charged for the skylight leaking... unless I am missing something, WTF?!? If the roof leaked, would she charge you for this too?

As far as your improvements/repairs, unless you had some sort of agreement with the landlord, like reimbursement or reduced rent that didn't come through, then you may be out of that, especially if more purely cosmetic. There may be case for issues that material effected the use of the property or safety (like a broken lock) that she did not address timely. Again check with a lawyer.

As far as the trees go, here in IL, when we had a large branch fall on my Saab our landlord's insurance company wouldn't do anything as it was "act of god". (luckily just cosmetic scrapes that aren't a big deal, so I let it drop). However, if she's been sited for problem trees (and you can get that documentation) and didn't do anything, then she may have a problem. Also, if the fallen tree, or things that broke & you repaired, materially effects the use of the property (like fixing a broken lock... or moving a tree than blocks the driveway), then you may have a case. Again check with a lawyer.

Before you speak with a lawyer, I'd have as much documented & researched as possible.

posted by 198.179.147...


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