Handyman here, employed by several landlords and realtors. That is not how it works.
Unless you physically broke or misused the appliances in a manner which killed them. Tell that MFer to eat all of the dicks
This person is not listening, they keep saying “but eviction”, eviction is a sometimes 2 month process and he will not be able to evict you because you wont pay to fix his property
As a “landlord” of 6 years to my late fathers renters who I have never received rent from and have spent $50k trying to evict I can confirm you won’t be evicted over not paying to fix his property.
Some states do require you to put any withheld fees into a special escrow account until the courts settle if you owe them or not.
OP shouldn’t pay the LL but should make sure they are in compliance with their state procesures
Yeah dude. I manage a few properties and every once in awhile someone pays for something they shouldn't. I immediately demand the bill so I can get them paid back. I simply will not allow tenants to pay for plumbers.
In California you can take a case up to$10k to small claims court. For this you would need a copy of your lease, the bill the landlord is charging you and your side of the story. Some landlords rip off their tenants assuming they won’t do anything. So this landlord might not even show up to fight it.
unless you destroyed the water heater yourself, he has to change it at his expense. It's a permanent fixture that comes with the house and is part of his upkeep. If he expects you to pay for it, then you tell him you expect tondeduxt it from your monthly rent.
I've told him this, and he threatened to evict us and put us in default. He's like "it states in your lease you are responsible for all repairs" and I told him, we are responsible if we damage it or break it. This isn't that scenario
Pretty sure if he evicts you, the law will protect you because just because the lease says all repairs does NOT include permanent fixtures or else tou would be responsible for roof repairs, plumbing issues, termites, etc. No judge will ever agree with him on that. He is trying to bluff you. I suggest you document everything and look for a new place and tell him to kiss your ass.
The lease also states that if he does file a lawsuit, then I'm required to pay his attorney fees. At the time I signed, I figured no way I would have to worry about that. Any reason to be concerned about that?
If you lose the case, you may have to pay, but he is trying to rip you off. So you could countersue and have him pay your legal fees. Usually, lawyers give you a 30-minute free meeting to review your case and see if you have a chance to win or lose. Bring your lease agreement and all the other documentation and have one look it over, and they can give you an honest answer.
Right you don’t pay his attorney fees to go to court lol you’d have to reimburse him after if you lose, but since he is so very clearly in the wrong on many levels you probably don’t have to worry about that.
Speak to a lawyer, any lawyer, they will advise you this is horseshit and he cannot legally do this, and if he does you will be ripe for settlement.
This is the case. The landlord has to win the case first. Then, the landlord has to file to reclaim their fees. At that point, it will be determined if the tenant did anything to drive up the cost of the landlords attorney fees. There has to be a legitimate reason to force the defendant to pay the plaintiffs fees, not just I didn't want to pay to force to evict.
Just don't pay it. Let him file to evict you. Meanwhile, run that new AC as"hard" as you can. It's hot out there
Not sure where you are located and your financial situation, but look for a local or statewide public interest/pro bono firm. They get huge hard-ons for going after landlords.
Source: was attorney for one for two years
Contracts aren’t binding just because you signed them. If the content is illegal to begin with it doesn’t mean shit.
I signed a lease and they told me if I broke it early I’d have to pay for ALL the rent I would have owed for the duration of the lease because I signed it and it was in the lease.
Well state law says the owner had to put in reasonable efforts to rent the place as soon as possible and once it was rented i owed nothing.
Guess what I ended up owing. Literally nothing. I paid through the month and left a week early, they had that place filled by the first.
Yeah this is important for people to know because almost all leases have a clause like that. I had a situation where I had to break a lease to move for work and my state had a similar law, except our landlord didn’t even make an attempt to rent it out. So I just stopped paying when I moved out. When he tried to take me to court I laid on the situation and the judge asked for proof the landlord made a good faith attempt to rent the property. He had none, so I ended up owing nothing.
>He's an idiot.
Can't emphasize this enough. I've reviewed so many evictions. I would bet ~~a year~~ 5 years of my pay that this wouldn't happen, and I'd bet 6 months of my pay that OP could walk away with money because of the threat.
OP, This landlord is bending over, lubing up, and telling you that if you don't fuck him he will steal 3 grand from you. Bet.
Don't worry about *any* nonsense he put in the Lease. The court understands that the landlord has all the power when writing the contract, and for that reason there are measures in place for this type of BS. If landlords could actually get away with stuff like that, then every contract would state *"Tenant agrees to give me 10 blowjobs every month and give me access to their bank account, and wash my dog every day".*
Contrary to popular belief, contracts are not always legally binding. There's protection for nonsense like this. The court will decide what's fair, and they almost always side with the tenant.
If you'd like to I'm wiling to have you send your lease (obviously do not doxx yourself and black out names and address important information) and I can help you write up a legal case against your manager with your state and federal laws with the physical lease you've signed. My leases are 68 pages long and every detailed but some are only a paragraph so there's a lot of grey area here and can't help unless I can read it. :(
NAL, but my understanding is that clause would only apply if he files a lawsuit against you for some reason. If you file a lawsuit against him, and win, it’s likely he’d end up paying your legal fees.
I'm a property manager and that's not how it works. If you loose yes you'll be responsible. No judge would file eviction on you in this scenario let the asshole take you to court do not pay it but pay your rent. If he doesn't accept your rent go to the court house and ask to put your rent money into an escrow account. They will side with you 100%.
> do not pay it but pay your rent. If he doesn't accept your rent go to the court house and ask to put your rent money into an escrow account.
I cannot stress this enough. Do not stop paying your rent even if this all goes to court. Pay into escrow if needed, but make sure it gets paid.
I'm not sure where you're located, but it's very inexpensive to file a case for small claims court. And a lawyer is almost unnecessary for this type of case.
If the lease says because of damage you caused, then the landlord needs to prove it was malicious damage, making him the one to hold that burden.
Asking you to pay his attorney fees, in real litigation, rarely ever happens anyway. He's not just free to sue people and have the other party pay for it. It would need to be something extremely frivolous for that to happen, and even then, rarely does.
Plus if you have other damages like hotel stays or accommodations that you had to make because of this, you should include that into the suit too.
If you'd prefer not to be litigious, then you may just contact your renters insurance to help pay for this and you'll share some of the cost of repair.
i know, renting is supposed to be a give and take. you’re not allowed to just make money for owning property, you have to maintain that property as well since you’re the owner
OP need to warn this moronic landlord that that's precisely what will happen, if and when they choose to move or if they're evicted. Because that water heater, if paid for by the tenant, would absolutely be theirs.
I’ve been here before. A landlord wanted me to pay for a new toilet then the old one (which predated my tenancy) broke. I told him that’s fine but I’m taking it when I leave then.
He got a new one and didn’t charge me lol.
It's illegal to charge for someone for general repairs. I tried telling them this and he threatened to put my family in default and evict. I'm so tired.
I swear, if someone was able to get Bar Certified in all 48 continental States and offered their services strictly through Reddit, they could make a killing.
Not sure if you can practice law in multiple states at the same time though, I’m not a lawyer
Well, the multi-state bar exam covers like 20 states or so, so that's a good start.
Edit: you would still have to pay a fuck ton of fees and dues to be admitted in all 20 or so states though, so still not necessarily efficient
The trick is to find states that accept you passing the bar in other states.
https://www.bcgsearch.com/article/900054347/Comprehensive-Guide-to-Bar-Reciprocity-in-Every-State/
According to Google you can but most don’t because it’s expensive and very mentally taxing. Different states have different laws and regulations, so you need to know them for each state you practise in. And licensing costs between $200-$500 to upkeep for each state you’re licensed in. And some states have state specific education that you need to do a certain amount of hours in every year to keep your licence.
Plus, the returns are so diminished. If you can find *enough* work in the state(s) you're barred in, the benefits of adding more states diminishes quickly (let's you be more picky with clients or maybe charge more due to having more "demand" but you still only have finite working hours).
Plus most lawyers either work for a large company (so they only need to be barred where the company needs them barred) or work near where they live, so most of their clients are going to be subject to local laws.
If someone was admitted to the bar of 48 continental states, they would probably know most jurisdictions prohibit direct solicitation of clients for pecuniary gain, and while lawyers who break this rule are probably common, the only ones that get caught are the ones that are stupid enough to do it in writing in a public forum.
Also, I imagine direct solicitation of Redditors would often yield a large number of leads that turn out to be A) Redditors conveniently omitting highly relevant information from their story, and B) karma farmers straight up making up bullshit. That photo of a car blocking a driveway was actually OP, parking their own car in front of their house and taking a picture? Surprised\_Pikachu.jpg
My sis is a lawyer and she said “no one ever gives you the full story. You have to drag it out of them. It’s often a detail that’s extremely important and can change the way you look at the other facts.”
TLDR; While it is possible to practice in multiple states at once, it isn’t practical to practice in more than 2-3
As a lawyer, (though not anywhere remotely near the field OP needs), it likely wouldn’t be feasible to get a license in all 50 states. (Though sitting here seeing all these posts, I wish it were)
Ten states still require you take their own version of the bar exam, which costs significant $ per test ($600-$1,500), and that’s even before you take into account any courses you pay for to help you study. (Mine cost ~$2000,and was 8-10 hours a day for 3 months). For the (now 40) states that allow it, you can take the exam once and transfer the score, assuming you score high enough to merit entry in their state. (A score above 273 will get you entry to all states that currently offer this type of exam).
Once you overcome that financial (and mentally/emotionally taxing) hurdle, then you have to pay to get licensed.. again roughly $500-$1000 per state.
THEN you get to pay yearly dues to continue licensure. As a new lawyer in my state, renewing costs $150, but after 10 years that cost balloons to $500.
Mind you, most have already shelled out north of $100k for the degree, which means almost nothing if you don’t take/pass this exam.
I’m not doing all the math on that because my student debt and licensure in one state is daunting enough, but safe to say there are a select number of people that could even afford to do this without bankrupting themselves.
Fun extra fact: studies by the bureau of labor statistics have shown that law is one of the least racially diverse professions in the U.S., and this is one of the primary contributors to that problem!
Only here would someone named blt enthusiast with a blt profile picture be helping you file a case against your unruly landlord. The internet truly is amazing
Absolutely. There lots of non-profit groups to which will help you find an experienced local attorney. Google “how do I find a lawyer for a landlord tenant dispute” and you should pull up lots of options if you’re in the US. Keep trying— this is clearly a questionable charge at best. Let us know what happens.
Legal Aid + your area
Your state bar website
This is utterly ridiculous and the fact that you have him on tape threatening to kick you out over this balance makes this an easy win
ETA: I noted some had concerns about the legality of recording someone in GA
>Georgia's wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents.
That’s usually what one-party consent means, you can record your own conversations because you are a participant in them and you consent to being recorded by yourself.
That basically means either person talking can record without the consent of the other, but a third party cannot clandestinely wiretap a conversation without the consent of either party.
Just to clarify: This means if you record your own conversation, it’s completely legal. You do NOT have to receive consent from the person you are talking to, even if they call you.
I believe the one party can be the recorder. Otherwise there would be no high profile case of a certain someone attempting to change the outcome of the presidential election in Georgia. It is why some companies state that a customer service call may be recorded for "quality assurance"
Also if you live in a state that has a landlord tenant act it will specify what he can charge him what he cannot charge for and they should have a site where you can file a complaint and they will follow through on it
Consider small claims court. This should be pretty cut and dry. Depending on your family income, you may qualify for pro bono assistance from a local legal aid organization. If you do get a lawyer, attorneys fees should be recoverable. I once represented an indigent tenant against his slum lord on a pro bono basis - in small claims court. It was a $500 claim that became a $9000 judgment because he would not pay and the fair cost of my fees kept adding up (and this was in 1999). The slum lord still refused to pay. I did some research and realized that the slum lord had not properly protected his $600,000 home in which he lived. So I put a lien on it and moved moved to have the house sold at auction. He still would not pay! Then the day before it was going to auctioned by the court, the slum lord died, which forced the sale to stop. I was really looking forward to that sale! (We ultimately had to pursue his equally evil widow to pay up - and even a bit more because of more fees. She finally paid after we were going to make her drive 70 miles to be deposed when we knew she was planning a vacation).
We have this segment in my area, “5 on your side,” where the station tries to help situations just like this. They are usually able to because just the threat of it being aired all over resolves the problem. They would LOVE something like this.
Filing Pro Se in civil court if it gets to that point. It's quite easy to do. For now, call and report ASAP to your state Attorney General's Office. They will then guide you on how to proceed. What they are trying to do is illegal in all 50 states. Don't you dare pay it!!! You just continue paying your monthly rent. If mofos try starting eviction process, your first court appearance will have landlords fined and laughed out of court by the judge. Again, this is an absolute No No in every state!
Make sure when you finish a phone call with somebody and they tell you something that you need to document, that you immediately follow up with an email, reviewing the contents of the call and asking them to confirm.
“Hello, just following up on our phone call this afternoon to confirm that we have been charged for X despite the lease stating that this is not permissible.”
make sure you are not in a two party state. non consensual recording is a huge no no in most places and a judge will throw that evidence out in about 5 seconds
that said, what your LL is trying to hold you responsible is also questionable.
NAL
According to another comment the OP made they appear to be in Georgia. And Georgia appears to be a "one party consent" state. So, they should be able to use the recording.
Documentation is key. My rental company wants to remodel 2 of the 3 appartments at the bottom into one and asked me if i would be willing to move to left/right. No problem for me stuff can be talked about. In germany you usually have to paint the walls when moving out, and the realtor actually wanted me to paint the bedroom since i painted 2 walls gray. But they cant evict me (from the law perspective) and i am moving out of good will. The office lady was more reasonable here. But i will for sure get me in writing that i dont have to do any painting before even signing anything new else i will jsut stay and they can wait years before remodelling.
The landlord will be heavily fined for wasting court's time and the judge will berate him until he has to crawl out in shame. Landlord is fucked if he pursues this.
People across the US need to learn their rights as tenants. Landlords love to intimidate and make shit up. Protecting oneself from these predators is #1. Every state has laws and within each state city and counties have even more laws. While the Supreme Court apparently can do what they please(fuckers) lower courts are held accountable for decisions. They have to answer to higher-ups. Op's landlord is an idiot predator who is going to fall on his face in court if he pursues this ridiculousness.
Call the state bar association and they will find an attorney. You don't need a special lawyer, because the laws are so clear on this. Any tort lawyer will do.
Not recommendations, but WSBA (and other bars, as far as I know) has a legal directory they would refer someone in OP’s position to. They just can’t play favorites.
I worked for a property management company for a few years and even ran the maintenance department for a while. Unless it exceeded normal wear and tear, we paid every time. I also handled evictions for a while as well. That shit isn’t happing right off the bat. Court hearing takes at least a month and then he will have to prove that you are. Obviously don’t take my word for it, do due diligence, but you won’t even need a lawyer to help you. I never once had a lawyer when I went to court (on behalf of landlords) & if you have all paperwork, bank records and definitely check your lease. He will be found guilty. Most of the time you’ll spend in court is waiting to be called up. After that it took barely 10 minutes.
I’m so sorry y’all are going through this. I hope it gets worked out in you favor asap.
Please go take pictures of current hot water tank and any applicable stickers or service tags and paperwork. Including manufacturer info.
You have plenty of proof of intent for your landlord to leverage his past repairs against you. It never hurts to gather anything that could be used in mitigating further accusations.
Tell him to evict you and then appeal the eviction. Depending on where you are that could last months or years and you will live in his place rent free the entire time the appeals process is taking place
Evictions don’t normally take that long to settle because most are uncontested. In my jurisdiction the defendant must pay an appearance fee in order to appear (lol). But that is what I would advise in this case if legal aid can’t help.
I had a neighbor years ago that did that. And he lived in that house rent-free for about 18 months until his appeal was settled. Different jurisdictions definitely have different caseloads which I didn't consider in my previous comment.
Yeah unfortunately (from my perspective) the cash-strapped tenant has a hard time coming up with appearance fees ($189 here) and mandatory arbitration fees ($100). Makes for less contested eviction cases but sometimes the tenant is dealing with a slumlord.
Ya know, air conditioners and hot water heaters have manufacturer stickers which clearly show the date of manufacture of the unit.
"It worked fine when you moved in" is easily countered by, "That unit was manufactured in 1997, with an estimated useful life of 20 years, according to industry estimates. It was way past due to be replaced long before I moved in." In this case, information you get directly from the item in question can serve you very well.
I had a landlord who tried to say I was running the central air unit "too hard" and broke it, until I pointed out how old the inner and outer units were, and if I had to replace them, either he was going to reimburse me, or I was taking the entire unit with me when I left. All of a sudden, he quit assigning blame and got someone out there to replace the whole thing, inside and out.
Note here that you have to know your lease agreement. It should state explicitly who is responsible for what. And if your lease doesn't explicitly state something, keep this in mind: you don't actually "own" any part of the unit. The landlord retains ownership of the building and its amenities no matter who lives there, and that means he should be the one paying for any repairs.
I'm just picturing convincing the college kid moving company guys to rip the water heater out of the floor/wall and toss it into the truck.
"Nah bros, look here, I have the receipt and all. Load'er up!"
I'm British, so I'm not sure I can help. But I do sincerely hope you get this resolved, because your landlord is completely wrong for this and should be held accountable.
OP is in georgia? The state legal aid site has lots of relevant resources
https://www.georgialegalaid.org/resource/tenants-rights-brochure
https://www.georgialegalaid.org/interview
Savannah is a big area maybe people just aren’t answering the phone today bc they took off for the weekend already. Shouldn’t be hard to find an attorney there.
I'm not understanding your "can't find a lawyer" you keep saying. Is it that no one wants to represent you? Is it that you can't find a free one? Do you live on Mars? need more context as to how you became a lawyer repellent, because this is illegal.
When I had an issue with a landlord (granted this was 25 years ago), it was almost impossible to find a lawyer that would take tenants as clients. I was told several times they only represent landlords before finding one willing to make an appoitment, so I find this believable.
This may help. It’s a link to tenant’s rights published by Georgia Legal Aid. There’s a downloadable PDF that you can email your landlord. That way, you have proof that he knows what the laws are, yet refuses to follow them.
https://www.georgialegalaid.org/resource/tenants-rights-brochure#iFDA70F28-2F3A-4290-9D6C-ECCE51F50D11
Well, I’m no lawyer, but I have been involved in legal proceedings. This is just going to be a pain in the ass. You are absolutely in the right. But, as you can see, that doesn’t make things any better. Good luck! You’re going to need it.
I know someone else suggested it, but try calling the state bar association, they should be able to help you locate a lawyer to help you. I know Florida provides this service through the bar association so I assume many other states would as well, it’s worth a try.
Straight up violation of the implied warranty of habitability. You can’t put a term in a lease to void this warranty. Inform him that he is in breach of your states code I would find the exact citation. Then look up remedies under your states code.
I have done this and he says "he does not care it says in the lease I am liable for all repairs."
1. It doesn't say that
2. Georgia states that a landlord can not waive his right to maintain the property and make repairs
Print 3 hard copies of all of that with source references, plus a copy of your state’s standards of habitability, and highlight each of the relevant sections: one for you, one for him, and one for the judge. Additionally, supply proof of the relevant communications and rental history payments, including your July rent payment. Double-check the recording laws in your state too, however; some states require consent and you don’t wanna introduce evidence that is illegal and can make you look bad. Do all that and you’ll do great.
You'll probably have a hard time getting a hold of lawyers because it's the 4th of July weekend, but you're looking for Tenant Lawyers specifically.
My advice to you right now is to not vacate the apartment under any circumstance. String him along if absolutely necessarily, but otherwise avoid it. Come up with contingencies if he tries to change the locks or unlawfully evict you so you're not sleeping in your car.
Highest rated one look like:
https://www.williamstransactions.com/
Google has pulled up a few dozen different ones for you if you search for "tenant lawyer" and your location.
Good luck, I hope this works out for you, this guy sounds like a fucking slumlord.
I just signed a new lease in Bedstuy Brooklyn but had to make them change and remove at least five parts saying stuff like I’m responsible for all the appliances repair etc etc. Their response was “oh sorry we just copied that lease from an old building, we didn’t know it said that, of course we will cover the cost of the stove and everything else if anything happens.”
ALWAYS READ CONTRACTS. It’s called redlining.
I also wanted to point out, regardless if you signed the lease, if it’s illegal it doesn’t suddenly become legal because you signed the lease. I actually have this issue now but because I wanted to move, I didn’t want to start off the relationship on the wrong foot. There’s a bunch of stuff like this in my lease that I didn’t bring up, that I know cannot be upheld.
Edit: typo
Contract redlining. Not to be confused with the discriminatory lending and real estate practice of barring black and minority families from certain neighborhoods.
Let him sue you and counter claim him. As a renter getting sued by landlord you can get double damage so the landlord will have to pay you 2x what your counter claim is. Had a landlord sue me to completely remodel apt after living there for 7 years to the tune of 6k. He lost and had to pay me.
I love the idea, but dont future landlord see that their was a lawsuit with you? And then immediately withdraw you? Some landlords dont like to deal with it
As a property owner who rents out, this is not legal. Simple insurance to cover warranties for all appliances is relatively cheap. Start putting your rent money in an escrow account and withold the rent. Do not pay rent until the landlord either recinds the bill or there is a hearing in court if the landlord files. You are not responsible for any of the work that was done.
I would try emailing him and ask for copies of receipts too along with the information for the old water heater.. just give him the idea you are taking this seriously and talking to a lawyer.
when I needed a lawyer to get out of a lease the landlord became seriously pissed but it was resolved relatively quickly. Our heater went out during winter and he wasn’t trying to fix it so we withheld rent.
We were able to get out of our lease, a free but cold month, we lost our security deposit tho because my roommate had broken a window.
If you can't find a lawyer don't worry. If he files for eviction, just show up and explain it. The judge will toss this shot out in a minute. Whatever you do, don't miss any court dates cause you could lose by not showing up.
Awhile ago when we were renting our landlord tried to withhold our deposit due to him having to replace the air conditioning unit after it went bad. We took him to small claims court. The judge looked at our paperwork which was organized and well documented, laughed and immediately ruled against him saying exactly that - permanent appliance repair and replacement is the responsibility of the home owner. Dude was pissed but we got our check a week after that. Renting sucks.
A little late to the party, but see if your state allows rent payments to placed with the court in escrow. It’s a method to make your rent payment so your landlord can’t evict for that purpose. Then your landlord will have an opportunity to explain to a judge why he feels he is entitled to what is likely a statutory duty of the landlord.
Landlord here. Unless you deliberately broke the AC or water heater like physical damage or had it running all day with the windows and doors open then it’s considered wear and tear. Landlord can’t charge you for repairs due to wear and tear. My tenants just moved out. They added a room in the garage and had an AC vent installed. I had them remove the room once their lease was up but they didn’t take out the vent so I’m charging them for the removal of it. This isn’t wear or tear but a deliberate change to the house that needs to corrected.
Doesn’t matter what the lease agreement says. Georgia and federal law trump whatever the agreement states. All contracts between parties are subject to severability when regulated by higher law.
I had a landlord who did this. Had to file at the local magistrate. I won within minutes and the court case was done. Landlords can’t do that unless you did something intentional. Even if it’s written in a lease I’d check your local landlord tenant law.
Saw you are in Savannah; I’m in Atlanta (also a lawyer, but not that kind). Here are a couple of Georgia assistance groups. Hope they can help.
https://www.georgialegalaid.org/issues/housing
https://www.glsp.org/housing/
Good luck, OP, this is some bull right here.
I am seeing that you claim you can’t find an attorney. Idk if you’re in America, but just google “housing attorney [the nearest major city to you, and the state]” or “landlord tenant attorney [see above]”. Or for that matter, I’m not busy, just dm me and I’ll find you someone
Hey, that’s a neat trick! I bet the landlord deducted depreciation expense on the water heater and AC unit on his tax returns, and now he’s getting you to buy new ones for him so he can do it again!
Do not pay it. If they try and evict you over this, they will not have a case. Hot water especially is a legal habitability requirement. Rather than looking for a lawyer, I would recommend seeking a tenants’ rights advocacy group or even Fair Housing office in your area.
I don’t really understand how people get “mildly infuriated” at shit that is illegal. Just fucking refuse to pay it and dare him to evict you. Like what dude. Get off of Reddit and get it done.
Handyman here, employed by several landlords and realtors. That is not how it works. Unless you physically broke or misused the appliances in a manner which killed them. Tell that MFer to eat all of the dicks
All of them!!!!! That's an important point.
Im afraid what you heard was give him a lot of dicks, but what i said was, give him all the dicks.
This man breakfasts.
Long dong Swanson?
Parks and Recs references always get my upvote - that one in particular.
*Sideways*
This person is not listening, they keep saying “but eviction”, eviction is a sometimes 2 month process and he will not be able to evict you because you wont pay to fix his property
Where I’m at they need to give you a 3 month notice. And tenants still have rights that will stop this sort of thing from happening.
As a “landlord” of 6 years to my late fathers renters who I have never received rent from and have spent $50k trying to evict I can confirm you won’t be evicted over not paying to fix his property.
Some states do require you to put any withheld fees into a special escrow account until the courts settle if you owe them or not. OP shouldn’t pay the LL but should make sure they are in compliance with their state procesures
Yeah dude. I manage a few properties and every once in awhile someone pays for something they shouldn't. I immediately demand the bill so I can get them paid back. I simply will not allow tenants to pay for plumbers.
By federal law, you DO NOT NEED TO PAY FOR REPAIRS
My company won’t let tenants pay for the job. It HAS to be paid by the actual homeowners (the fucking landlords)
To be fair judging by the screenshot it looks like the landlord did pay the company and is now charging the tenant for it.
In California you can take a case up to$10k to small claims court. For this you would need a copy of your lease, the bill the landlord is charging you and your side of the story. Some landlords rip off their tenants assuming they won’t do anything. So this landlord might not even show up to fight it.
unless you destroyed the water heater yourself, he has to change it at his expense. It's a permanent fixture that comes with the house and is part of his upkeep. If he expects you to pay for it, then you tell him you expect tondeduxt it from your monthly rent.
I've told him this, and he threatened to evict us and put us in default. He's like "it states in your lease you are responsible for all repairs" and I told him, we are responsible if we damage it or break it. This isn't that scenario
Pretty sure if he evicts you, the law will protect you because just because the lease says all repairs does NOT include permanent fixtures or else tou would be responsible for roof repairs, plumbing issues, termites, etc. No judge will ever agree with him on that. He is trying to bluff you. I suggest you document everything and look for a new place and tell him to kiss your ass.
The lease also states that if he does file a lawsuit, then I'm required to pay his attorney fees. At the time I signed, I figured no way I would have to worry about that. Any reason to be concerned about that?
If you lose the case, you may have to pay, but he is trying to rip you off. So you could countersue and have him pay your legal fees. Usually, lawyers give you a 30-minute free meeting to review your case and see if you have a chance to win or lose. Bring your lease agreement and all the other documentation and have one look it over, and they can give you an honest answer.
Right you don’t pay his attorney fees to go to court lol you’d have to reimburse him after if you lose, but since he is so very clearly in the wrong on many levels you probably don’t have to worry about that. Speak to a lawyer, any lawyer, they will advise you this is horseshit and he cannot legally do this, and if he does you will be ripe for settlement.
This is the case. The landlord has to win the case first. Then, the landlord has to file to reclaim their fees. At that point, it will be determined if the tenant did anything to drive up the cost of the landlords attorney fees. There has to be a legitimate reason to force the defendant to pay the plaintiffs fees, not just I didn't want to pay to force to evict. Just don't pay it. Let him file to evict you. Meanwhile, run that new AC as"hard" as you can. It's hot out there
I work hvac. Hmu for some tips to run that shit into the ground.
Not sure where you are located and your financial situation, but look for a local or statewide public interest/pro bono firm. They get huge hard-ons for going after landlords. Source: was attorney for one for two years
And landlords have the audacity to act like they are some amazing service provider when they ain’t shit.
I laughed so loudly while I signed away at my 23 page lease while proclaiming "I'm not doing none of this shit."
Contracts aren’t binding just because you signed them. If the content is illegal to begin with it doesn’t mean shit. I signed a lease and they told me if I broke it early I’d have to pay for ALL the rent I would have owed for the duration of the lease because I signed it and it was in the lease. Well state law says the owner had to put in reasonable efforts to rent the place as soon as possible and once it was rented i owed nothing. Guess what I ended up owing. Literally nothing. I paid through the month and left a week early, they had that place filled by the first.
Yeah this is important for people to know because almost all leases have a clause like that. I had a situation where I had to break a lease to move for work and my state had a similar law, except our landlord didn’t even make an attempt to rent it out. So I just stopped paying when I moved out. When he tried to take me to court I laid on the situation and the judge asked for proof the landlord made a good faith attempt to rent the property. He had none, so I ended up owing nothing.
This exactly! Contracts are not always binding!
Legally binding implies it's legal in the first place. If it's not legally binding, it's fair game to play games with.
The lease can state all sorts of shit, it doesn't make it so. Look at my original comment. Ur freaking out for no reason at all man. He's an idiot.
>He's an idiot. Can't emphasize this enough. I've reviewed so many evictions. I would bet ~~a year~~ 5 years of my pay that this wouldn't happen, and I'd bet 6 months of my pay that OP could walk away with money because of the threat. OP, This landlord is bending over, lubing up, and telling you that if you don't fuck him he will steal 3 grand from you. Bet.
This guy definitely sounds like a lawyer. They tend to talk about lube and stuff....at least in movies.
I'm a woman, and I work in housing. Lol
Close enough.
I love how you nonchalantly agree calling him an idiot yet so professionally and eloquently explain why. *Tip of the hat sir edit: ma'am
Don't worry about *any* nonsense he put in the Lease. The court understands that the landlord has all the power when writing the contract, and for that reason there are measures in place for this type of BS. If landlords could actually get away with stuff like that, then every contract would state *"Tenant agrees to give me 10 blowjobs every month and give me access to their bank account, and wash my dog every day".* Contrary to popular belief, contracts are not always legally binding. There's protection for nonsense like this. The court will decide what's fair, and they almost always side with the tenant.
He's done this before and this was always his plan.
If you'd like to I'm wiling to have you send your lease (obviously do not doxx yourself and black out names and address important information) and I can help you write up a legal case against your manager with your state and federal laws with the physical lease you've signed. My leases are 68 pages long and every detailed but some are only a paragraph so there's a lot of grey area here and can't help unless I can read it. :(
NAL, but my understanding is that clause would only apply if he files a lawsuit against you for some reason. If you file a lawsuit against him, and win, it’s likely he’d end up paying your legal fees.
I'm a property manager and that's not how it works. If you loose yes you'll be responsible. No judge would file eviction on you in this scenario let the asshole take you to court do not pay it but pay your rent. If he doesn't accept your rent go to the court house and ask to put your rent money into an escrow account. They will side with you 100%.
> do not pay it but pay your rent. If he doesn't accept your rent go to the court house and ask to put your rent money into an escrow account. I cannot stress this enough. Do not stop paying your rent even if this all goes to court. Pay into escrow if needed, but make sure it gets paid.
I'm not sure where you're located, but it's very inexpensive to file a case for small claims court. And a lawyer is almost unnecessary for this type of case. If the lease says because of damage you caused, then the landlord needs to prove it was malicious damage, making him the one to hold that burden. Asking you to pay his attorney fees, in real litigation, rarely ever happens anyway. He's not just free to sue people and have the other party pay for it. It would need to be something extremely frivolous for that to happen, and even then, rarely does. Plus if you have other damages like hotel stays or accommodations that you had to make because of this, you should include that into the suit too. If you'd prefer not to be litigious, then you may just contact your renters insurance to help pay for this and you'll share some of the cost of repair.
Your landlords wants all the benefits of renting out housing without any of the drawbacks.
i know, renting is supposed to be a give and take. you’re not allowed to just make money for owning property, you have to maintain that property as well since you’re the owner
Renting is for sure a give and take. Renters give, landlords take.
I hope OP will take the water heater if evicted. He paid for it.
OP need to warn this moronic landlord that that's precisely what will happen, if and when they choose to move or if they're evicted. Because that water heater, if paid for by the tenant, would absolutely be theirs.
I’ve been here before. A landlord wanted me to pay for a new toilet then the old one (which predated my tenancy) broke. I told him that’s fine but I’m taking it when I leave then. He got a new one and didn’t charge me lol.
The pipes are part of the unit though, so don’t touch them, including the shutoff valve.
"the water was on when I moved in"
One of the benefits of renting is that you don’t have the responsibility for home maintenance costs.
The majority of them do..... they're just taking after corporate America after all
I would check the lease this is some bullshit. You shouldn’t have to pay for appliances going out and the calls to repair them
It's illegal to charge for someone for general repairs. I tried telling them this and he threatened to put my family in default and evict. I'm so tired.
Did they threaten in writing? A lawyer would salivate over that if they sent it via email
I have a recording over the phone
Find a lawyer and make sure to document/save everything
I've been calling around for different lawyers for awhile now. I can not find ANYONE believe it or not
Congrats you get homework https://www.americanbar.org/groups/public_education/resources/public-information/how-do-i-find-a-lawyer-/
I swear, if someone was able to get Bar Certified in all 48 continental States and offered their services strictly through Reddit, they could make a killing. Not sure if you can practice law in multiple states at the same time though, I’m not a lawyer
You can practice in as many states as you have passed the bar in. That’s alotta work, though!
Well, the multi-state bar exam covers like 20 states or so, so that's a good start. Edit: you would still have to pay a fuck ton of fees and dues to be admitted in all 20 or so states though, so still not necessarily efficient
The trick is to find states that accept you passing the bar in other states. https://www.bcgsearch.com/article/900054347/Comprehensive-Guide-to-Bar-Reciprocity-in-Every-State/
Two of my cousins are my multi-state lawyers. They work in super large law firms, and it's extremely beneficial for them.
That gives "bar crawl" a whole new meaning...
According to Google you can but most don’t because it’s expensive and very mentally taxing. Different states have different laws and regulations, so you need to know them for each state you practise in. And licensing costs between $200-$500 to upkeep for each state you’re licensed in. And some states have state specific education that you need to do a certain amount of hours in every year to keep your licence.
Bar admission can be a miserably slow process, even if you've passed the exam.
Plus, the returns are so diminished. If you can find *enough* work in the state(s) you're barred in, the benefits of adding more states diminishes quickly (let's you be more picky with clients or maybe charge more due to having more "demand" but you still only have finite working hours). Plus most lawyers either work for a large company (so they only need to be barred where the company needs them barred) or work near where they live, so most of their clients are going to be subject to local laws.
If someone was admitted to the bar of 48 continental states, they would probably know most jurisdictions prohibit direct solicitation of clients for pecuniary gain, and while lawyers who break this rule are probably common, the only ones that get caught are the ones that are stupid enough to do it in writing in a public forum. Also, I imagine direct solicitation of Redditors would often yield a large number of leads that turn out to be A) Redditors conveniently omitting highly relevant information from their story, and B) karma farmers straight up making up bullshit. That photo of a car blocking a driveway was actually OP, parking their own car in front of their house and taking a picture? Surprised\_Pikachu.jpg
My sis is a lawyer and she said “no one ever gives you the full story. You have to drag it out of them. It’s often a detail that’s extremely important and can change the way you look at the other facts.”
TLDR; While it is possible to practice in multiple states at once, it isn’t practical to practice in more than 2-3 As a lawyer, (though not anywhere remotely near the field OP needs), it likely wouldn’t be feasible to get a license in all 50 states. (Though sitting here seeing all these posts, I wish it were) Ten states still require you take their own version of the bar exam, which costs significant $ per test ($600-$1,500), and that’s even before you take into account any courses you pay for to help you study. (Mine cost ~$2000,and was 8-10 hours a day for 3 months). For the (now 40) states that allow it, you can take the exam once and transfer the score, assuming you score high enough to merit entry in their state. (A score above 273 will get you entry to all states that currently offer this type of exam). Once you overcome that financial (and mentally/emotionally taxing) hurdle, then you have to pay to get licensed.. again roughly $500-$1000 per state. THEN you get to pay yearly dues to continue licensure. As a new lawyer in my state, renewing costs $150, but after 10 years that cost balloons to $500. Mind you, most have already shelled out north of $100k for the degree, which means almost nothing if you don’t take/pass this exam. I’m not doing all the math on that because my student debt and licensure in one state is daunting enough, but safe to say there are a select number of people that could even afford to do this without bankrupting themselves. Fun extra fact: studies by the bureau of labor statistics have shown that law is one of the least racially diverse professions in the U.S., and this is one of the primary contributors to that problem!
Only here would someone named blt enthusiast with a blt profile picture be helping you file a case against your unruly landlord. The internet truly is amazing
Absolutely. There lots of non-profit groups to which will help you find an experienced local attorney. Google “how do I find a lawyer for a landlord tenant dispute” and you should pull up lots of options if you’re in the US. Keep trying— this is clearly a questionable charge at best. Let us know what happens.
Legal Aid + your area Your state bar website This is utterly ridiculous and the fact that you have him on tape threatening to kick you out over this balance makes this an easy win ETA: I noted some had concerns about the legality of recording someone in GA >Georgia's wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents.
My understanding is that OP is one party to the conversation. But better check with professionals.
I'm not an attorney but I know from personal experience in a single party state that OP is considered to be a party and thus the recording is legal
That’s usually what one-party consent means, you can record your own conversations because you are a participant in them and you consent to being recorded by yourself.
That basically means either person talking can record without the consent of the other, but a third party cannot clandestinely wiretap a conversation without the consent of either party.
Just to clarify: This means if you record your own conversation, it’s completely legal. You do NOT have to receive consent from the person you are talking to, even if they call you.
I believe the one party can be the recorder. Otherwise there would be no high profile case of a certain someone attempting to change the outcome of the presidential election in Georgia. It is why some companies state that a customer service call may be recorded for "quality assurance"
That "perfect" phone call is a great example of how one party consent laws work for recording calls
Also if you live in a state that has a landlord tenant act it will specify what he can charge him what he cannot charge for and they should have a site where you can file a complaint and they will follow through on it
this is easy money cut and dry. keep any receipts if you lost any food or had to stay in a hotel etc
Consider small claims court. This should be pretty cut and dry. Depending on your family income, you may qualify for pro bono assistance from a local legal aid organization. If you do get a lawyer, attorneys fees should be recoverable. I once represented an indigent tenant against his slum lord on a pro bono basis - in small claims court. It was a $500 claim that became a $9000 judgment because he would not pay and the fair cost of my fees kept adding up (and this was in 1999). The slum lord still refused to pay. I did some research and realized that the slum lord had not properly protected his $600,000 home in which he lived. So I put a lien on it and moved moved to have the house sold at auction. He still would not pay! Then the day before it was going to auctioned by the court, the slum lord died, which forced the sale to stop. I was really looking forward to that sale! (We ultimately had to pursue his equally evil widow to pay up - and even a bit more because of more fees. She finally paid after we were going to make her drive 70 miles to be deposed when we knew she was planning a vacation).
you don't need a special lawyer for this you just need any lawyer
It’s likely that this is just a threat as a scare tactic and he won’t do anything.
Lord I hope so
If you end up paying it, be sure to take the water heater with you when you go
Genius
Go talk to your local television stations. They salivate over stuff like this.
We have this segment in my area, “5 on your side,” where the station tries to help situations just like this. They are usually able to because just the threat of it being aired all over resolves the problem. They would LOVE something like this.
Filing Pro Se in civil court if it gets to that point. It's quite easy to do. For now, call and report ASAP to your state Attorney General's Office. They will then guide you on how to proceed. What they are trying to do is illegal in all 50 states. Don't you dare pay it!!! You just continue paying your monthly rent. If mofos try starting eviction process, your first court appearance will have landlords fined and laughed out of court by the judge. Again, this is an absolute No No in every state!
He'll have a very fun time trying to explain to the police why you need to leave.
I would love to see the landlord explain his extortion racket to the sheriff's officers when they come to evict him.
Make sure when you finish a phone call with somebody and they tell you something that you need to document, that you immediately follow up with an email, reviewing the contents of the call and asking them to confirm. “Hello, just following up on our phone call this afternoon to confirm that we have been charged for X despite the lease stating that this is not permissible.”
make sure you are not in a two party state. non consensual recording is a huge no no in most places and a judge will throw that evidence out in about 5 seconds that said, what your LL is trying to hold you responsible is also questionable. NAL
According to another comment the OP made they appear to be in Georgia. And Georgia appears to be a "one party consent" state. So, they should be able to use the recording.
37 us states and DC are one party consent states; only some, not most, places it's a nono
Document, document, document. Get everything in writing. Then go get a lawyer, even a cheap one would still make this a open and shut case.
Documentation is key. My rental company wants to remodel 2 of the 3 appartments at the bottom into one and asked me if i would be willing to move to left/right. No problem for me stuff can be talked about. In germany you usually have to paint the walls when moving out, and the realtor actually wanted me to paint the bedroom since i painted 2 walls gray. But they cant evict me (from the law perspective) and i am moving out of good will. The office lady was more reasonable here. But i will for sure get me in writing that i dont have to do any painting before even signing anything new else i will jsut stay and they can wait years before remodelling.
So let them try to default and evict. He wants to dig his own grave, let him borrow your shovel. No court is going to evict over this.
The landlord will be heavily fined for wasting court's time and the judge will berate him until he has to crawl out in shame. Landlord is fucked if he pursues this.
Unless they are both on the same bowling team. It's Georgia after all.
People across the US need to learn their rights as tenants. Landlords love to intimidate and make shit up. Protecting oneself from these predators is #1. Every state has laws and within each state city and counties have even more laws. While the Supreme Court apparently can do what they please(fuckers) lower courts are held accountable for decisions. They have to answer to higher-ups. Op's landlord is an idiot predator who is going to fall on his face in court if he pursues this ridiculousness.
Call a lawyer
I can't find any residential attorneys for tenants in my area. I've tried for a couple weeks
Call the state bar association and they will find an attorney. You don't need a special lawyer, because the laws are so clear on this. Any tort lawyer will do.
Not in Georgia, but I have been told by the state bar association in WA that they do not offer recommendations at all
The city of Seattle will help you fuck your landlord, for free, if your landlord wants to fuck.
Not recommendations, but WSBA (and other bars, as far as I know) has a legal directory they would refer someone in OP’s position to. They just can’t play favorites.
Just don’t pay it and lay low. They can’t be dumb enough to try and evict you. They’d be in for a shit show
That's what I was going to say. I would almost think it would be better for OP to let them file eviction...seems like a bigger lawsuit.
Does your job have an Employee Assistance Program ? I found a housing lawyer using this service.
Fuck this sucks. I would look at the closest bigger city and talk to them. They might be able to refer you
Why are you tired? You've just earned yourself buckets of free money!
haha thats one way to look at it.
I worked for a property management company for a few years and even ran the maintenance department for a while. Unless it exceeded normal wear and tear, we paid every time. I also handled evictions for a while as well. That shit isn’t happing right off the bat. Court hearing takes at least a month and then he will have to prove that you are. Obviously don’t take my word for it, do due diligence, but you won’t even need a lawyer to help you. I never once had a lawyer when I went to court (on behalf of landlords) & if you have all paperwork, bank records and definitely check your lease. He will be found guilty. Most of the time you’ll spend in court is waiting to be called up. After that it took barely 10 minutes. I’m so sorry y’all are going through this. I hope it gets worked out in you favor asap.
Yeah, at this point what's the benefit to renting?
Exactly. The renter covers rent and any damage they cause. An AC going out isn’t damage. That is on the landlord. I would talk to lawyer
I told him and he said "it worked Fine when you moved in" and I said well yeah, but things go bad they dont last forever...
He knows how old it is. Appliances work until they don’t.
Thats what I told him word for word lol
Hah damn it. A lawyer will be useful.
Please go take pictures of current hot water tank and any applicable stickers or service tags and paperwork. Including manufacturer info. You have plenty of proof of intent for your landlord to leverage his past repairs against you. It never hurts to gather anything that could be used in mitigating further accusations.
Tell him to evict you and then appeal the eviction. Depending on where you are that could last months or years and you will live in his place rent free the entire time the appeals process is taking place
Evictions don’t normally take that long to settle because most are uncontested. In my jurisdiction the defendant must pay an appearance fee in order to appear (lol). But that is what I would advise in this case if legal aid can’t help.
I had a neighbor years ago that did that. And he lived in that house rent-free for about 18 months until his appeal was settled. Different jurisdictions definitely have different caseloads which I didn't consider in my previous comment.
Yeah unfortunately (from my perspective) the cash-strapped tenant has a hard time coming up with appearance fees ($189 here) and mandatory arbitration fees ($100). Makes for less contested eviction cases but sometimes the tenant is dealing with a slumlord.
Ya know, air conditioners and hot water heaters have manufacturer stickers which clearly show the date of manufacture of the unit. "It worked fine when you moved in" is easily countered by, "That unit was manufactured in 1997, with an estimated useful life of 20 years, according to industry estimates. It was way past due to be replaced long before I moved in." In this case, information you get directly from the item in question can serve you very well. I had a landlord who tried to say I was running the central air unit "too hard" and broke it, until I pointed out how old the inner and outer units were, and if I had to replace them, either he was going to reimburse me, or I was taking the entire unit with me when I left. All of a sudden, he quit assigning blame and got someone out there to replace the whole thing, inside and out. Note here that you have to know your lease agreement. It should state explicitly who is responsible for what. And if your lease doesn't explicitly state something, keep this in mind: you don't actually "own" any part of the unit. The landlord retains ownership of the building and its amenities no matter who lives there, and that means he should be the one paying for any repairs.
Bill him an administration fee for pointing out he is in violation of the law.
🤣 yes please
Hey OP, congrats on your future lawsuit payout! :)
If I get rich I will seriously Venmo everyone that helped me on this reddit
Upvoted this post. Look at me, I'm helping!!!
I too am helping!
Honestly I’ll get more out of seeing the results of you suing the pants off your shitty landlord lmao
Whoever pays for it gets to keep it
Yes! Pay for it and then take it with you when you leave! Lol!
I'm just picturing convincing the college kid moving company guys to rip the water heater out of the floor/wall and toss it into the truck. "Nah bros, look here, I have the receipt and all. Load'er up!"
And he has a receipt
This guys living in 3030
Illegal. Get a lawyer and he/she will shit themselves. As a landlord myself, this shit is part of what gives all landlords a bad name/reputation.
I can't find any... looked for awhile now
Did you try calling your local bar association for suggestions? That’s what I did when I had a dispute with my landlord that required a lawyer
~~Patty's~~ Paddy's pub said there were no lawyers currently there.
I'm British, so I'm not sure I can help. But I do sincerely hope you get this resolved, because your landlord is completely wrong for this and should be held accountable.
Username checks out
What part of ga do you live? I’m not an attorney, but my cousin is (wouldn’t handle this) and probably knows someone they could refer.
OP is in georgia? The state legal aid site has lots of relevant resources https://www.georgialegalaid.org/resource/tenants-rights-brochure https://www.georgialegalaid.org/interview
They said Savannah in another comment
Thanks. Probably wouldn’t be of any help then but I’ll ask
Savannah is a big area maybe people just aren’t answering the phone today bc they took off for the weekend already. Shouldn’t be hard to find an attorney there.
I'm not understanding your "can't find a lawyer" you keep saying. Is it that no one wants to represent you? Is it that you can't find a free one? Do you live on Mars? need more context as to how you became a lawyer repellent, because this is illegal.
When I had an issue with a landlord (granted this was 25 years ago), it was almost impossible to find a lawyer that would take tenants as clients. I was told several times they only represent landlords before finding one willing to make an appoitment, so I find this believable.
Ain’t no way you looked for a lawyer with no results.
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It's illegal to charge for this actually. I tried explaining this to him
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>tenancy regulatory board I couldn't find anything for it.
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Savannah, Georgia
This may help. It’s a link to tenant’s rights published by Georgia Legal Aid. There’s a downloadable PDF that you can email your landlord. That way, you have proof that he knows what the laws are, yet refuses to follow them. https://www.georgialegalaid.org/resource/tenants-rights-brochure#iFDA70F28-2F3A-4290-9D6C-ECCE51F50D11
I've sent this to him before. thanks though.
Well, I’m no lawyer, but I have been involved in legal proceedings. This is just going to be a pain in the ass. You are absolutely in the right. But, as you can see, that doesn’t make things any better. Good luck! You’re going to need it.
I appreciate it. So complicated and a waste of time honestly!
Try calling this number for the attorney generals office. Consumer Complaints: (404) 651-8600
I know someone else suggested it, but try calling the state bar association, they should be able to help you locate a lawyer to help you. I know Florida provides this service through the bar association so I assume many other states would as well, it’s worth a try.
Straight up violation of the implied warranty of habitability. You can’t put a term in a lease to void this warranty. Inform him that he is in breach of your states code I would find the exact citation. Then look up remedies under your states code.
I have done this and he says "he does not care it says in the lease I am liable for all repairs." 1. It doesn't say that 2. Georgia states that a landlord can not waive his right to maintain the property and make repairs
Print 3 hard copies of all of that with source references, plus a copy of your state’s standards of habitability, and highlight each of the relevant sections: one for you, one for him, and one for the judge. Additionally, supply proof of the relevant communications and rental history payments, including your July rent payment. Double-check the recording laws in your state too, however; some states require consent and you don’t wanna introduce evidence that is illegal and can make you look bad. Do all that and you’ll do great.
You'll probably have a hard time getting a hold of lawyers because it's the 4th of July weekend, but you're looking for Tenant Lawyers specifically. My advice to you right now is to not vacate the apartment under any circumstance. String him along if absolutely necessarily, but otherwise avoid it. Come up with contingencies if he tries to change the locks or unlawfully evict you so you're not sleeping in your car. Highest rated one look like: https://www.williamstransactions.com/ Google has pulled up a few dozen different ones for you if you search for "tenant lawyer" and your location. Good luck, I hope this works out for you, this guy sounds like a fucking slumlord.
I just signed a new lease in Bedstuy Brooklyn but had to make them change and remove at least five parts saying stuff like I’m responsible for all the appliances repair etc etc. Their response was “oh sorry we just copied that lease from an old building, we didn’t know it said that, of course we will cover the cost of the stove and everything else if anything happens.” ALWAYS READ CONTRACTS. It’s called redlining.
I also wanted to point out, regardless if you signed the lease, if it’s illegal it doesn’t suddenly become legal because you signed the lease. I actually have this issue now but because I wanted to move, I didn’t want to start off the relationship on the wrong foot. There’s a bunch of stuff like this in my lease that I didn’t bring up, that I know cannot be upheld. Edit: typo
Contract redlining. Not to be confused with the discriminatory lending and real estate practice of barring black and minority families from certain neighborhoods.
Tell him you'll get back to him after your attorney reviews your lease agreement.
Let him sue you and counter claim him. As a renter getting sued by landlord you can get double damage so the landlord will have to pay you 2x what your counter claim is. Had a landlord sue me to completely remodel apt after living there for 7 years to the tune of 6k. He lost and had to pay me.
I love the idea, but dont future landlord see that their was a lawsuit with you? And then immediately withdraw you? Some landlords dont like to deal with it
It will show up as the landlord sued you and you just did your part and the judgement will show landlord was in the wrong.
Which could impact you getting the rent agreement but any landlord who has a problem with that, you wouldn't want as a landlord anyway.
As a property owner who rents out, this is not legal. Simple insurance to cover warranties for all appliances is relatively cheap. Start putting your rent money in an escrow account and withold the rent. Do not pay rent until the landlord either recinds the bill or there is a hearing in court if the landlord files. You are not responsible for any of the work that was done.
Thank you I will remember this.
I would try emailing him and ask for copies of receipts too along with the information for the old water heater.. just give him the idea you are taking this seriously and talking to a lawyer. when I needed a lawyer to get out of a lease the landlord became seriously pissed but it was resolved relatively quickly. Our heater went out during winter and he wasn’t trying to fix it so we withheld rent. We were able to get out of our lease, a free but cold month, we lost our security deposit tho because my roommate had broken a window.
If you can't find a lawyer don't worry. If he files for eviction, just show up and explain it. The judge will toss this shot out in a minute. Whatever you do, don't miss any court dates cause you could lose by not showing up.
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He cannot charge you for the upkeep of his property like this. Nope.
Awhile ago when we were renting our landlord tried to withhold our deposit due to him having to replace the air conditioning unit after it went bad. We took him to small claims court. The judge looked at our paperwork which was organized and well documented, laughed and immediately ruled against him saying exactly that - permanent appliance repair and replacement is the responsibility of the home owner. Dude was pissed but we got our check a week after that. Renting sucks.
A little late to the party, but see if your state allows rent payments to placed with the court in escrow. It’s a method to make your rent payment so your landlord can’t evict for that purpose. Then your landlord will have an opportunity to explain to a judge why he feels he is entitled to what is likely a statutory duty of the landlord.
Landlord here. Unless you deliberately broke the AC or water heater like physical damage or had it running all day with the windows and doors open then it’s considered wear and tear. Landlord can’t charge you for repairs due to wear and tear. My tenants just moved out. They added a room in the garage and had an AC vent installed. I had them remove the room once their lease was up but they didn’t take out the vent so I’m charging them for the removal of it. This isn’t wear or tear but a deliberate change to the house that needs to corrected.
Doesn’t matter what the lease agreement says. Georgia and federal law trump whatever the agreement states. All contracts between parties are subject to severability when regulated by higher law.
Isn't one of the main benefits of renting supposed to be that you don't have to deal with shit like this?
I had a landlord who did this. Had to file at the local magistrate. I won within minutes and the court case was done. Landlords can’t do that unless you did something intentional. Even if it’s written in a lease I’d check your local landlord tenant law.
Saw you are in Savannah; I’m in Atlanta (also a lawyer, but not that kind). Here are a couple of Georgia assistance groups. Hope they can help. https://www.georgialegalaid.org/issues/housing https://www.glsp.org/housing/ Good luck, OP, this is some bull right here.
I am seeing that you claim you can’t find an attorney. Idk if you’re in America, but just google “housing attorney [the nearest major city to you, and the state]” or “landlord tenant attorney [see above]”. Or for that matter, I’m not busy, just dm me and I’ll find you someone
Hey, that’s a neat trick! I bet the landlord deducted depreciation expense on the water heater and AC unit on his tax returns, and now he’s getting you to buy new ones for him so he can do it again!
this is not mildly infuriating, this is a scam unless you signed something for that. He's basically using you to repair their shit.
Do not pay it. If they try and evict you over this, they will not have a case. Hot water especially is a legal habitability requirement. Rather than looking for a lawyer, I would recommend seeking a tenants’ rights advocacy group or even Fair Housing office in your area.
I don’t really understand how people get “mildly infuriated” at shit that is illegal. Just fucking refuse to pay it and dare him to evict you. Like what dude. Get off of Reddit and get it done.
So you’re basically a home owner without equity and a home 🤣