Trouble with "Crazy" Landlady

AFTER READING SOME OF THE OTHER COMMETS:

You can take all the photos you want now however unless it is really obvious that the damage you speak of is caused by regular wear and tear, and/or serious water, structural, faulty wiring etc, you have been there two years and the owners can put it back on you.

Is this normal? What's NOT normal is that you didn’t do a walk through and make a record of everything that was not in working order BEFORE you signed a lease. Especially the part about agreeing “in writing” that you would replace appliances and giving 90 days notice to move.

Call up the local housing authority and see what the regulations are in your county. In my area if you have notified the owner or landlord that something needs to be fixed and this does not happen within a reasonable period of time. The tenant can go ahead and have it fixed and deduct it from the rent. Save ALL receipts. Note: This process may differ from state to state, county to county etc.

If any needed repairs causes your dwelling to be deemed as uninhabitable, that may be grounds to move immediately and I think you would be entitled to your entire deposit back unless the owner could prove that your negligence caused the problems. Call the health department and housing authority.

The fact you have been there for two years, with all the problems you have cited indicates that because your rent was so low, you were willing to put up with the inconveniences.

The fact that if/when you move you will have to pay for movers have no bearing on the needed repairs on your existing dwelling.

If they owner is not willing to fix things, find a place, kiss your deposit goodbye and go over any new leases with a fine tooth comb before signing.

Blessings…..

Yep, you really got yourself in a pickle. You signed a ridiculous contract, but the problem is you signed it.
Here's the reality of your situation:

No, she won't fix the drawers.
No, she won't fix the dishwasher and according to your contract she doesn't have to.
No, she won't give you your deposit back.
No, it won't get any easier.

You're going to have to chalk it up to a stupid mistake and move. Once you put in your 90 days notice you can commence ignoring her. Pay your rent, but ignore any attempts she makes to make your life hell.

for me, it would be worth losing the deposit to get out of there!

Check your states fair housing code. and Google tenant rights in New York. There may be some help there.

ok, I dearly love my land lord, or did til about 2 weeks ago- and after 12 months of a happy relationship he used the term "per our contract" ok, those were move out words to me. Anyhow, in the state of Nebraska- the landlord only has to keep is safe and sanitary-IF appliances are supplied they must remain in working order- although I have had one not replace a garbage disposal because they were eliminating them from the property- I didn't fight about it- but still. As far as the cosmetics of drawers and wall paper- i am afraid that is not a safety or health issue- and believe she is not required to fix or replace those things(like my broken venitian blinds)- but you may want to contact your local housing authority to see. As for the 90 days- did you resign a lease that stipulates a 90 day notice? If not, I would think there is nothing she can do about it. Take lots and lots of pictures when you move out- that is the only back up you have in regards to getting your deposit back. I have always received my deposits back- but know of many who haven't

I own a rent house and I know others who own properties as well, so this is coming from my experience here in Texas. I imagine the laws differ slightly from state to state. From a legal standpoint, she doesn't really have to make any of these repairs. Although it is no doubt annoying, it's not necessary to live...it's not like shutting off your water, for instance. Cosmetic things don't have to be fixed, especially if it was that way when you moved in. In all honesty, she sounds like a terrible land lord. I would get out of there as soon as your lease it up. It can't hurt to ask her to have the repairs done, but it sounds like she won't follow through.

And no it is not normal to say you have to replace broken appliances. In fact our lease states that repairs under $25 are the tenants responsibility and anything over is ours. We do have clause that the tenants are mishandling something, they could be charged, but realistically, it would probably be tough for us to prove. We have had to replace many dishwashers during out time as landlords. We have resorted to craigslist, we have found some VERY reasonable deals there (including $25 brand new dishwashers). So she has other options to replace the broken appliance.

90 day notice may be appreciated, but usually you are only required by law to give a 30 day notice.

Here in Texas a landlord cannot charge for normal wear and tear. So even when I had to repaint the entire house because of scrapes and finger prints I couldn't charge the family. But, the room that was littered with thousands of holes from thumb tacks and staples, I could charge for because that's excessive. Hopefully your state has similar rules so you won't be charged for the wall paper issues. And I would check before taking down the wall paper. In our lease you have to ask permission and get paint colors approved before you paint. It has to be permission granted in writing, so there is no doubt or question about he permission granted. She may try to charge you for the peeling wall paper, but then again, she could definitely charge you for taking it down.

I would take photos now and photos again when you move out. Some sort of evidence that may prove that it is just old, not damaged by you. Don't be afraid to contact her and argue any charges you feel are not justified. Some landlords will return more deposit money to the "squeaky" wheel. Not all, but some. I would also contact her in writing as much as possible. Hopefully she has email. This would create a paper trail if you needed it.

Take this as an opportunity to prepare better for the next move. Don't sign a lease that seems to have ridiculous clauses...like being responsible for replacing appliances. Photograph and video a walk through before you move in anything. We do this with each client. This way we have proof of the condition when they moved in. The client is covered because if they argue a charge, we can double check. And we are covered, because we can prove excessive damage.

HTH! GL!!

I'm just envious of your $200/month electricity bill.

On a serious note, you would definitely be better off just to move.

There is no reason that you could not get a dishwasher of your own, and put her old one back in when you move. The lawnmower would not be an issue for me, because I have never heard of a landlord providing one in the first place, and would expect to provide my own. As for the cabinets, would she be willing to pay for parts if you do the labor? My BIL has done that with a couple of projects at the place he lives in.

Depending on how much your deposit was/is... It may be worth losing it. If I were dealing with all of that and I was going to 'lose' upwards of $1000, I'd go ahead and take the bite in the butt. If we're talking more than that... There ARE cheap fixes to all of the issues you've stated.

I paid $150 for my dishwasher (brand new). The drawers, if you're leaving... Leave them for her to fix when you leave. Replacing a filter on the furnace is like $4... $10 for a really good one. I have a brand new A/C unit and my electric bill was over $200 running it this past summer. It was working hard. There's not really any other maintenance for a central furnace/A/C system. Maybe duct cleaning, but a landlord wouldn't be responsible for that.

You can also check Ebay or Craigslist or the newspaper for used items to replace drawers and dishwasher.

As for paying movers... That's what friends with trucks are for. Or just friends and you rent a U-haul. Most friends are good with a case of beer and a pizza. Cheaper than paying a professional mover.

I'm so sorry you have to deal with this woman. She is impossible! Makes me glad we aren't renting anymore. For the dishwasher, do you belong to your freecycle group in your area? I know around here, there are often people giving away their working dishwashers quite often just cuz they updated their appliances. For the draw fronts, can you glue them back on so at least she won't accuse you of destroying them and make you pay for those too? It will at least work for when you move out. Also it may me just the track underneath that needs to be adjusted.

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look and see what your lease says vs the LAW in some states even if the lease says this or that and the law is against it, then it should null and void out the entire lease. i would read over a lease and the law for renting homes in your area maybe call an attorney and see what your rights are to getting out of it. if the law is like oklahoma, then any time anyone falls under landlord tenant, if the land lord fails to uphold their part of the agreement (fixing stuff as needed including hiring a professional) then they can be required by court to give you the deposit back in addition to losing rent if you move out early because it's not habitable and i've even heard cases where the llord had to refund rent.

for future reference, i wouldn't ever sign a lease that did not require the landlord to fix appliances or even hire a professional, or make me replace appliance because they break due to wear and tear.

check the lease, check the law and maybe talk to a professional to make her get up and get things fixed.

also i'd start a documentation if you havn't already, document phone calls, document interaction with her, and maybe take date stamped pictures of the house. and even maybe record phone calls of you telling her the condition of the home, so she can't hold you responsible for it later.

Sounds like my old land lady!
Really, how much MORE of a living hell could your lives be? LOL
My first choice would be to give her the notice then move--you can move before the 90 days, right? Just be responsible for the rent.
You'd do better to pay for the AC service call yourself than pay $200/mo all summer.
Next choice, I'd limp along til the next lease and then skidaddle. Put the stuff from the drawers in bins and baskets. If you want to get a dishwasher, keep the old O. & take the new O. with you when you go.

make a complete list of the conditions of the house. Take photos. Present her with this info & a written request that she address the issues. Be sure to send the letter certified so you can prove she received your request.

Do this now, not at the end of your lease. If she refuses to address your concerns, then (as some of the other posters have commented) you don't have much recourse. You are down to having to decide whether you want to break contract & risk her pursuing you legally. OR she may just wash her hands of you & let you walk.....without that deposit refund. Either way, at least you have photo proof of the conditions in the house & the receipt of the certified letter showing that you attempted to work with her.

As for the actual complaints you have about the house, some are cosmetic - some are affecting the quality of life. The flooring didn't become "ancient" overnight.....& a some of your other complaints were also present upon your rental agreement. Next time you rent, really take a look at the quality of upkeep the landlord presents before signing the deal! It's a good indicator as to how the maintenance will go!