View Full Version : Getting Screwed by Property Management
Lizzy4459
12-28-2007, 10:17 AM
I'm new to the area. I need help on what to do about a problem with a property management company. I'm going to leave names and company information out so I don't upset anyone.
We moved here about 4 months ago. The very first day we moved in the washer broke. The dryer vent cover was broken and birds were living inside. Then the tub leaked through the floor boards and downstairs all over my furinutre. Now the problem is a leak in the master bedroom that has been leaking for years and we're the only tenants to report the problem. This happened over 10 weeks ago. The property manager just got the roofers here last week. We need mold clean up and carpet cleaning as well. By the time this gets taken care of we could be looking well into February.
We are sleeping on a futon matress in the spare bedroom and I forgot to mention I'm 5 months pregnant.
The property management company has sent dozens of repair people to half fix the job before finally sending in roofers, who in turn bumped into a half fixed outdoor water valve which sprayed in over 66 gallons of water into my entire downstairs. The property management company didn't send anyone to clean this up. My husband lost 4 hours of work to help me clean up the mess that took us over 3 hours to clean together.
They property management company has changed our manager without telling us leaving me with NO ONE to contact during emergencies. All they have done is credit our rent half the amount for one month. They return my emails with sarcastic comments amount me being impatient. I think I've been plenty patient to deal with this for this long.
I need help. What sort of lawyer in this area do we contact? Is this a matter for the housing authority? Can I ask to get out of my lease? I just don't know the laws down here in SOMD.
Any advice....
Toreadoralpha
12-28-2007, 10:22 AM
I would name names, just to save others from this mess, but that is me.
Welcome, and I hope you get results.
smcop
12-28-2007, 10:23 AM
Brian Dugan, Dugan Mckissic and Wood.
FemmePrincess
12-28-2007, 10:24 AM
:howdy: Welcome!! Sorry I can't help you, just wanted to say Hello!
CandaceMM
12-28-2007, 10:27 AM
Threaten to contact the Health Department ....
And then contact the Health Department for your area ...
That should fix the problem.
RadioPatrol
12-28-2007, 10:28 AM
Welcome :flowers:
BadGirl
12-28-2007, 10:29 AM
Any communication you have with the property management company should be done with registered letters. This way, you have proof that you've contacted them and that they've received the letters. Also, state what kind of response you want. For instance, for the water damage, say that you want "water extraction to be thoroughly completed by Friday, Dec 28th by a qualified and licensed water remediation company, and that you want your furniture steam cleaned as well, with the Property Management company getting the bill for the services".
Clearly, if these people are not providing you with a safe place in which to live, they are in violation of your lease. You might need to remind them of this. However, if they were professional about this, they wouldn't need to be reminded of it. :rolleyes:
If you feel strongly about this, you are always free to file paperwork in District Court to sue them for costs associated with their inferior rental property. The filing free is minimal (maybe $35 or so?), and you can even include that fee in your "losses" so you can re-claim that amount, too.
godsbutterfly
12-28-2007, 10:36 AM
Everybody advising you to take legal action is absolutely right and I would definitely take pictures along with documenting everything. The law is on your side with this and I wouldn't wait another minute. Certain kinds of mold can affect your health. They are in violation of the City Building Code (or County - not sure how it works here) as well as the Health Codes and Lease as others have mentioned. Good luck. And Welcome to the Forum.
vraiblonde
12-28-2007, 10:38 AM
Any communication you have with the property management company should be done with registered letters. This way, you have proof that you've contacted them and that they've received the letters. Also, state what kind of response you want. For instance, for the water damage, say that you want "water extraction to be thoroughly completed by Friday, Dec 28th by a qualified and licensed water remediation company, and that you want your furniture steam cleaned as well, with the Property Management company getting the bill for the services".
Clearly, if these people are not providing you with a safe place in which to live, they are in violation of your lease. You might need to remind them of this. However, if they were professional about this, they wouldn't need to be reminded of it. :rolleyes:
If you feel strongly about this, you are always free to file paperwork in District Court to sue them for costs associated with their inferior rental property. The filing free is minimal (maybe $35 or so?), and you can even include that fee in your "losses" so you can re-claim that amount, too.
The winner! :clap:
Sorry about your troubles, Lizzy - hopefully you'll get it all straightened out soon.
tiltedangel
12-28-2007, 10:44 AM
there should be a landlord tenant association for this area..i used to work in va in property management and there was landlord tenant there
Lizzy4459
12-28-2007, 10:44 AM
Thanks so much for all your advice. I didn't think of contacting the health department. I'm going to look into that right now.
aps45819
12-28-2007, 10:47 AM
contact the Health Department for your area ...
That should fix the problem.
:yeahthat: As long as your rental unit is generating income for the company, they really don't see a problem. If the Health Dept. condems it, they will become motivated to make the repairs.
Any communication you have with the property management company should be done with registered letters. This way, you have proof that you've contacted them and that they've received the letters. Also, state what kind of response you want. For instance, for the water damage, say that you want "water extraction to be thoroughly completed by Friday, Dec 28th by a qualified and licensed water remediation company, and that you want your furniture steam cleaned as well, with the Property Management company getting the bill for the services".
Clearly, if these people are not providing you with a safe place in which to live, they are in violation of your lease. You might need to remind them of this. However, if they were professional about this, they wouldn't need to be reminded of it. :rolleyes:
If you feel strongly about this, you are always free to file paperwork in District Court to sue them for costs associated with their inferior rental property. The filing free is minimal (maybe $35 or so?), and you can even include that fee in your "losses" so you can re-claim that amount, too.
:yeahthat: and with what you have experienced you CAN get out of your lease.
It's called constructive eviction.
"if a landlord breaches any clause of a lease the tenant has the right to sue and recover damages. If the leased premises become unusable the tenant may have the right to abandon them. the tenant must prove that the premises have become unusable because of the conscious neglect of the landlord. to claim constructive eviction the tenant must leave the premises while the conditions that made the premises uninhabitable exist"
From modern real estate practice 17th edition
ShyGirl
12-28-2007, 11:07 AM
Here's some info from the Maryland Attorney General's Office:
Maryland Attorney General - Consumer Publications - Landlord and Tenants (http://www.oag.state.md.us/Consumer/landlords.htm)
SoMDGirl42
12-28-2007, 11:32 AM
Here's some info from the Maryland Attorney General's Office:
Maryland Attorney General - Consumer Publications - Landlord and Tenants (http://www.oag.state.md.us/Consumer/landlords.htm)
Excellent info ShyGirl. I copied this part. Sounds like it might work for you.
RENT ESCROW: WHEN THE LANDLORD FAILS TO MAKE REPAIRS
Q. During the winter months there was very little heat in Sally's apartment. After calling the landlord several times about the problem, she sent a written complaint that was ignored. Sally then reported this condition to the city housing inspector, who issued a notice of violation to the landlord. Can Sally stop paying rent until the landlord fixes the problem?
A. No, if she stopped paying rent the landlord could evict her. However, Sally has the right to have adequate heat in her apartment. By following certain steps, she can deposit her rent money into an escrow account established at the district court instead of paying rent to her landlord.
Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local district court. But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. The escrow account can only be set up by the court.
The serious or dangerous conditions include, but are not limited to:
Lack of heat, light, electricity or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill.
Lack of adequate sewage disposal; rodent infestation in two or more units.
Lead paint hazards that the landlord has failed to reduce.
The existence of any structural defect that presents a serious threat to your physical safety.
The existence of any condition that presents a serious fire or health hazard.
Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls or ceiling.
In order to withhold rent for conditions that constitute a threat to life, health or safety you must notify the landlord by certified mail, or the landlord must receive notice of the violations from an appropriate government agency such as the local housing department.
The landlord then has a reasonable amount of time after receipt of the notice in which to correct the conditions. If the landlord fails to do this, you may go to court to file a rent escrow action asking to pay the rent to the court.
Before an escrow account can be established, the court will hold a hearing to listen to both sides of the story. If the facts call for a rent escrow account to be set up, the judge can take several actions, including returning all or part of the money to you as compensation, returning all or part of the money to you or the landlord in order to make repairs, or appointing a special administrator to ensure that the repairs are made. Once the escrow account is established, you must continue to regularly pay rent into this account.
Baltimore City has a rent escrow law that is very similar to the state law. Therefore, Baltimore residents must exercise their rent escrow rights under city law. If you reside in a county where such a rent escrow law has been adopted, you must follow procedures required in the local law for setting up an escrow account.
You also may withhold rent without establishing an escrow account, but you still must notify the landlord by certified mail of the problems in the unit and of your refusal to pay the rent. However, the landlord could take you to court and try to evict you. You then may defend yourself by telling the court your reasons for withholding rent. If the court agrees that the condition of your home or apartment poses a serious threat to your life, health or safety, you will be required at that time to put your rent payments into an escrow account until the dispute is resolved.
Besides rent escrow, what else can a tenant do if a landlord does not make repairs?
One thing a tenant can do is to report the landlord to local authorities. Under a law that was passed by the Maryland General Assembly in 1986, every county in the state must adopt a housing code that meets minimum statewide standards. Some counties and Baltimore City already have comprehensive housing and building codes that are enforced by local authorities. The local authorities will investigate your complaints and, if the landlord is cited for violations, repairs will have to be made.
Lizzy4459
12-28-2007, 11:54 AM
I'm beginning to think that a lawyer is my option right now. I really need to know where I stand legally. I think it would be great for the property management company to try to plead their case against a pregnant woman they've left sleeping on the floor due to their neglect to repair and clean up mold!
My husband has been talking about moving back to our home state. I thought going through a well known realty company would have been a safe bet but I guess I was wrong.
PipeLayer2008
12-28-2007, 11:57 AM
I'm beginning to think that a lawyer is my option right now. I really need to know where I stand legally. I think it would be great for the property management company to try to plead their case against a pregnant woman they've left sleeping on the floor due to their neglect to repair and clean up mold!
My husband has been talking about moving back to our home state. I thought going through a well known realty company would have been a safe bet but I guess I was wrong.
Why isn't your husband raising hell with everyone?
If my old lady was knocked up and I lived in conditions like that, you better believe I'm gonna cause one hell of a scene until that #### got fixed.
goodolgirl
12-28-2007, 12:07 PM
Brian Dugan, Dugan Mckissic and Wood.
Yeah them, They will get results!
jenbengen
12-28-2007, 12:11 PM
Any communication you have with the property management company should be done with registered letters. This way, you have proof that you've contacted them and that they've received the letters. Also, state what kind of response you want. For instance, for the water damage, say that you want "water extraction to be thoroughly completed by Friday, Dec 28th by a qualified and licensed water remediation company, and that you want your furniture steam cleaned as well, with the Property Management company getting the bill for the services".
Clearly, if these people are not providing you with a safe place in which to live, they are in violation of your lease. You might need to remind them of this. However, if they were professional about this, they wouldn't need to be reminded of it. :rolleyes:
If you feel strongly about this, you are always free to file paperwork in District Court to sue them for costs associated with their inferior rental property. The filing free is minimal (maybe $35 or so?), and you can even include that fee in your "losses" so you can re-claim that amount, too.
I agree. DOCUMENTATION IS KEY. Paper trails can't be denied by them. You are NOT being unreasonable.
residentofcre
12-28-2007, 02:51 PM
I am certainly glad that I don't work for that Property Management Company.... I would suggest that you make sure up front that the lawyer has not conflict... it would be a real shame to give your time and energy and then find out that the attorney can't help you....
SoMDGirl42
12-28-2007, 03:00 PM
Now that I think about this a little more, my suggestion is go to the property management office, wait in the parking lot until they leave work for the day, follow them home. When they get out of their vehicle, climb out and retrieve your very large suitcase from the trunk and proceed to tell him/her you'll be moving into with them until your apartment is repaired properly. You can even offer to change their sheets in the master bedroom when you leave to return home to your own warm fluffy bed after vacating.
Lizzy4459
12-28-2007, 08:41 PM
Its funny you mentioned that. When the property manager was here they were saying that it really isn't that bad and they've seen worse. So I told them that if it isn't the bad they can stay here and I'll go stay at their house. That didn't go over well. They got over it. Like I've said to them, if it were in a spare room I wouldn't be so pushy but the fact that I haven't slept in my own bed in months is what's so annoying. Not to mention the numerous repair men coming in and out of my home. I must look like the working girl of the neighborhood.
trilogy
12-28-2007, 09:40 PM
Why isn't your husband raising hell with everyone?
If my old lady was knocked up and I lived in conditions like that, you better believe I'm gonna cause one hell of a scene until that #### got fixed.
baby daddy gone housin auth dont care bout me
godsbutterfly
12-28-2007, 09:56 PM
baby daddy gone housin auth dont care bout me
She said in the first post she lives there with her husband and even if she didn't it wouldn't make it right for her landlords to leave the property falling down around her. Don't be so nasty.
BS Gal
12-28-2007, 10:09 PM
Where is Patch when we need him?????
Its funny you mentioned that. When the property manager was here they were saying that it really isn't that bad and they've seen worse. So I told them that if it isn't the bad they can stay here and I'll go stay at their house. That didn't go over well. They got over it. Like I've said to them, if it were in a spare room I wouldn't be so pushy but the fact that I haven't slept in my own bed in months is what's so annoying. Not to mention the numerous repair men coming in and out of my home. I must look like the working girl of the neighborhood.
I would worry about the mold build up. Black mold is dangerous.
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