Kevin's Watch

I was wondering if any of you have any legal advice, or relevant experience, with landlords who fail to provide basic services which then lead to life-threatening and property-damaging conditions. I'm going to contact Tenant Services & Housing Counseling tomorrow when they open, but for now I'd like to pick your brains and see if you guys can provide any additional perspective.

Here's what happened. In the spring, birds create a huge nest in our drier vent. It fills up with a dense collection of dried yard debris, several feet deep. I know because I've cleaned it out myself last year. Before this happened again this year, I informed my landlord that it will become a problem, and that he needs to attach a vent guard to prevent it.

He failed to do so. As a consequence, the vent became blocked, and our drier overheated, creating a bright spark of light and filling our home with smoke. We had to buy a new drier.

After informing him that this had happened, he still failed to fix the problem. Therefore, I called and informed him a third time, this time much sterner. He called me back and left voice message, threatening to kick us out if we did not like his level of service. (His actual words were, "If you don't like it, you can leave.") I have this message saved. He did say he would fix the vent in a couple of days, when he got around to it, but in the meantime he scolded us for our tone, insulted my family, and complained about us as being his worst tenants ever.

When I called him back, and told him we would accept his offer of leaving before our lease was up, he threatened us with a law suit if we leave. Clearly, this is creating a hostile situation in which we feel threatened with retaliation if we complain about basic services not being performed. And now I feel like we'll be sued if we try to leave.

So, any advice? Any chance we can get him to reimburse us for the drier? Is there any further action we can take regarding the harassment and threats?

Unfortunately I have had a lot of landlord problems over the years.

First thing I learned is document document document. If I were you I would send a registered, restricted signature letter summing up his promise to do the repair. In this letter I would state that he stated the repair would be done by______. If he didnt give you an exact date give HIM a date. In the letter tell him that if the work is not completed as promised by ________ you will have a service do the repair and deduct it from the rent. I would also state that it is a safety issue.

Second thing I would do is call the fire department and ask for an inspection of a fire hazard. Get the report and send a copy to him. Then call the building department and file a complaint as well.

Third thing I would do is get a replacement cost for the dryer and in a separate letter send him the bill. Ask him if he would like a direct reimbursement or should you deduct it from the rent.

My last suggestions are a bit provocative.
A Check with the building department and make sure you are in a legal multifamily residence. If you are not that is the ultimate weapon to be released from your lease. If you were to threaten to report an illegal two family his taxes would go through the roof.

B Landlords are required by law to put rental deposits in an interest bearing account and inform you where it is being held. They are required to give you a portion (in some states ALL) the interests accumulated on this account. If they have not been giving you this money they could lose be given a large fine by the tenant court.

Been through all this mess.......which is why I am now a homeowner. Hate landlords. Corrupt pieces of crap. (think I have issues?)

I would also check the terms of your lease for any language around who is responsible for basic house upkeep etc etc. If it is not documented in the lease that tenant is responsible for repairs then I believe the landlord is...

Not much to add, other than that renters' rights vary from state to state (I learned in paralegal school in Colorado that that state has virtually no protections for renters). But I really like lorin's idea of sending the landlord a letter. If I were doing it, I would document the events to date; give the landlord a deadline for fixing the problem; and inform him that if he fails to meet the deadline, you will contract for the repairs yourself, and deduct the cost of the repairs, including the new dryer, from your next month's rent. CC your city/county housing office, if you've got one.

Dunno if it will work but it's worth a shot.

Thanks guys. I got impatient and went ahead with the letter idea. I'm glad you all concur on that point. I delivered it to him myself. In the letter, I quoted relevant Kentucky law:

KRS 383.590 of the Landlord/Tenant Act requires the landlord to: * maintain in good working order and condition all electrical, plumbing, sanitary, heating, VENTILATING, air conditioning, and other facilities and appliances (including elevators) supplied or required to be supplied by the landlord.

KRS 383.690: A landlord may never try to force a tenant to move by shutting off the heat, water, gas, or other essential service. A landlord may not retaliate by increasing rent, decreasing services, or evicting the tenant after a tenant:

* complains to the landlord about the landlord's failure to live up to his duties . . .

If the landlord has cut services, increased rent, or THREATENED EVICTION, and if the tenant has evidence of having made a complaint with the landlord in the past year, the court will assume that the landlord acted in retaliation. In fact, it will be up to the landlord to prove otherwise.

I like that last part about "up the landlord to prove otherwise." Apparently, KY laws give the tenant considerable rights and leeway.

We've never been late on rent. We rarely complain about anything. But a fire hazard that takes weeks to fix and causes hundreds of dollars worth of damage is just unacceptable. I can't believe I got scolded for complaining. Hell, the second time I *nicely* asked for this problem to be fixed, his wife actually requested that I fix it myself! I told her I didn't have the tools. I was probably too nice. I should have said, "How dare you ask me to do your job for you, that's why we pay rent you pompous bitch." But like I said, I was trying to be nice.

I think I've had enough of renting. It's time to build my dream house like I've been planning for some years.

Good for you, Malik, I think you did the right thing. If he refuses to respond, you might even talk to a lawyer. You may have a good case for damages.

And if all else fails......

Dark and lonely on a summer's night.
Kill my landlord. Kill my landlord.
Watchdog barking. Do he bite?
Kill my landlord. Kill my landlord.
Slip in his window. Break his neck.
Then his house I start to wreck.
Got no reason. What the heck?
Kill my landlord. Kill my landlord.
C-I-L-L my land lord!

Eddie Murphy, poet lauriate.

And hey, you're probably not getting any deposit back, so you don't need to clean up when you leave.

If you lived in NY, you'd be getting a new dryer and could probably sue and win because the vent wasn't maintained (assuming you didn't install the vent yourself).
I'm actually a Landlord...and people like yours irk me...they're half the reason it's so hard to get rid of a bad tenant. (Of which I've had precisely none.)
Best advice...get a lawyer (your city might actually have one on staff)
Document everything.
Call the building inspector.
Move.

Don't let 'em screw with your deposit when you leave, either. As lorin said, there's usually a lot of laws that stipulate what a landlord can and can't do with your deposit, and since KY seems to favor the tenant, I'd assume more of the latter. They shouldn't be able to charge you for normal wear and tear (obviously not covering things like holes in the wall). It's part of depreciation, and as that's a tax write-off, all on the owner. In NV, the penalty for them taking anything out of your deposit they shouldn't is the full return of the deposit plus 200%.

try these.............

This one is really old but interesting

www.tenant.net/Other_Areas/Kentucky/ltguide.html



www.hud.gov/local/ky/renting/tenantrights.cfm

dANdeLION wrote:Eddie Murphy, poet lauriate.

You got it all wrong, it was Tyrone Green.


And btw, I'm a "landlord" myself. If I was doing what your landlord did (or refused to do) I'd be sued before I could spell my mother's maiden name. And rightfully so.

This is a fairly informative thread, I should file it in case of future need!

Best wishes Malik, be triumphant and be sure to eat your opponent's heart to get his courage
(which is a metaphor for get what's rightfully yours! I'm almost certain that Kevinswatch does not nor has ever sanction the eating of human hearts)

Over here in Germany there are so-called "Tenants' Protection Association" - you join them, pay a small anual fee and they will help you where ever they can.

Cutting the rent usually is the first step if the landlord fails to fulfill his part of the renting contract (which is pretty much regulated by law anyway).

Tenant/Landlord issues are crazy various here. If you live in certain areas around LA (maybe others too) local community groups have rules, and then the city, county, state..I don't know if there are any federal rules [except those about hazards/materials and discrimination.] Some places are tenant-friendly, some favor landlords. Then there are some issues that are specifically between Landlord/Tenant that aren't covered by laws/ordinances, but under contract law between the two. And where I live, there are several ordinances that are different depending on if the Landlord actually resides in the building or not, and how many units the Landlord operates. In the places I've lived "Tenant Associations" have little standing except in Condo-like situations, where you're actually a semi or full owner...depending.