Landlord Refusing to Fix A Major Repair

[awpitt]

It would seem that this is beyond the point of leverage - the landlord's position seems to be fixed (he's not going to pay for the repairs).
Going to a lawyer is a financial tradeoff - is the cost of the lawyer more then the amount you are trying to protect (i.e. what does he lose if he has to get out)?

You would hope the landlord used (and he signed) a standard lease agreement that does not conflict with state or local laws.

I happened to sit in on a case (observer) between a landlord and a tennant where the tennant "broke" th elease because the landlord did not live up to his side. The rental posed health issues for the tennant and the landlord was well aware of it but misrepresented the property. The landlord wanted something like 3 months rent plus wanted to keep the security deposit. Who do you think won?
Small claims court: Judge ruled in favor of the landlord and she was ordered to pay. (This was Maryland, St. Mary's County, not some tv show).

Cases like this are exactly why one needs to talk to a lawyer before taking any action. Sure, there's plenty of advice out there and plenty of Websites but the bottom line is that every situation is different.

 

[TBone]

I am almost willing to bet that there is no lease between the OP and the landlord. OP did not mention it and that sure as hell would have been my first argument with the landlord. If this is the case then he's better off just moving out.

There is a lease. I'm not that dumb to live in somebody else's home and not have a legal contract to cover my butt.

I was simply asking for advice because he is flat out refusing to fix the problem and has also indicated that he will be evicting me in 30 days unless I pay for it (lease does not state this). I have since found out that this is referred to as retalitory action...not allowed. This guy is screwed. He has til tomorrow to come up with a plan or I'm going full force against him...Housing Authority, EPA and everybody else I can. The EPA is being notified because of the raw sewage running into the creek that runs behind mine and my neighbor's property, which just so happens to run into the Chesapeake Bay. It would've been in the landlord's best interest to handle the situation. Game is on............

 

[wineo]

Good for you, he should have to pay to fix this. Don't forget to call the Health Dept, but you might have to find somewhere else to live if the sewage starts to back up into the house.

Good luck and keep us posted

There is a lease. I'm not that dumb to live in somebody else's home and not have a legal contract to cover my butt.

I was simply asking for advice because he is flat out refusing to fix the problem and has also indicated that he will be evicting me in 30 days unless I pay for it (lease does not state this). I have since found out that this is referred to as retalitory action...not allowed. This guy is screwed. He has til tomorrow to come up with a plan or I'm going full force against him...Housing Authority, EPA and everybody else I can. The EPA is being notified because of the raw sewage running into the creek that runs behind mine and my neighbor's property, which just so happens to run into the Chesapeake Bay. It would've been in the landlord's best interest to handle the situation. Game is on............

 

[TBone]

Good for you, he should have to pay to fix this. Don't forget to call the Health Dept, but you might have to find somewhere else to live if the sewage starts to back up into the house.

Good luck and keep us posted

Thank you very much!!!

I've already started looking for a new place. Funny thing is....I was in talks with the landlord to buy this house. Things work in funny ways and for a reason. He indicated last night that he would sell the house. Duh, you can't by law sell this house with this sort of problem.

I'll have the last laugh for simple principle.

 

[Bronwyn]

Thank you very much!!!

I've already started looking for a new place. Funny thing is....I was in talks with the landlord to buy this house. Things work in funny ways and for a reason. He indicated last night that he would sell the house. Duh, you can't by law sell this house with this sort of problem.

I'll have the last laugh for simple principle.

I know someone with a house in drum point that fits the description you just described

 

[kom526]

There is a lease. I'm not that dumb to live in somebody else's home and not have a legal contract to cover my butt.

I was simply asking for advice because he is flat out refusing to fix the problem and has also indicated that he will be evicting me in 30 days unless I pay for it (lease does not state this). I have since found out that this is referred to as retalitory action...not allowed. This guy is screwed. He has til tomorrow to come up with a plan or I'm going full force against him...Housing Authority, EPA and everybody else I can. The EPA is being notified because of the raw sewage running into the creek that runs behind mine and my neighbor's property, which just so happens to run into the Chesapeake Bay. It would've been in the landlord's best interest to handle the situation. Game is on............

You NEED to call MDE @ 443-482-2700
AND
Calvert County Health Dept. @410-535-3922 TODAY!

Do not wait until tomorrow, the offices may be closing early for New Year's.

 

[Suz]

All State and County Government offices are on furlough tomorrow!!

 

[foodcritic]

Why did I suggest a lawyer??? :shrug: I guess it was the line in the Post that asked "Does anybody have any legal advice"

I am not a lawyer, but I did stay at a Holiday Inn Express last night

 

[afjess1989]

I rent an apartment and your not the only one going through this trouble. My landlord has known for 6 months that a railing on my stairs has been broke. Then yesterday i sliped natural reaction was to grab it. Now i have a railing split into two peices and a sore back. i was going to fix it myself but the landlord wouldnt take the money out of my rent. Now they have to spend more money then before.

 

[BOP]

And the only people who are allowed to give legal advice are lawyers?

Unfortunately, yes, they are. You can potentially get yourself in all kinds of hot water giving legal advice, if you are not a member of the shyster lawyers union...or whatever it's called. Even lawyers themselves have to give disclaimers stating that such-and-such isn't their area of expertise, or they aren't licensed in a certain state, and so on.

Despite having at least a couple of friends who are attorneys, they have pretty much ruined our world.

Need I point out that the Klintons are lawyers, as is the Won?

 

[mgdbaa]

I rent a home and 16 days ago I noticed a sink hole in my back yard. On the 15th day, the landlord decided it was serious enough to have somebody come and evaluate the situation. My septic has collapsed, leaving a huge sink hole and is now creeping up towards my home. The company doing the evaluating indicated that my deck has sunk approximately 8". The landlord calls today indicating he doesn't have the $8,000 to repair it. He proceeds ro ask me to pay for it. I don't own the home; therefore, I don't feel obligated to pay it. He yelled at me on the phone this afternoon that he was going to have me kicked out. I feel this is a retalitory action.

Does anybody have any legal advice as to how I should handle this situation or who in the county (Calvert) I could call?

Thank you in advance.

Imagine that, another bad landlord story. Landlords suck.

 

[foosballpaul]

I had the exact problem with a home I rented a few years back. You are not responsible for the repairs, the landlord is. Call the health department. You cannot be evicted because of damage you are not responsible for. As mentioned in earlier posts, you have legal avenues you can take. On the other hand, if you get the health dept involved, they could determine that your house is inhabitable and you would have to find another place to live until the repairs are made. The landlord could be made responsible for paying for your temporary residence until the home is made satisfactory for habitation.