Landlord Refusing to Fix A Major Repair

[dmarc]

Landlord Tenant Law Rights Security Deposits Evictions Rent

Follow this link and select Maryland. It provides the basics for landlords and renters.

 

[foodcritic]

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.

First I would not worry much. Not your house. Contact the health dept. Eventually the line will not drain and come back in your house so be aware of that.

The landlord sounds rather crazy to blame you. This is all on him regardless of the lease.

 

[aps45819]

First I would not worry much. Not your house. Contact the health dept. Eventually the line will not drain and come back in your house so be aware of that.

The landlord sounds rather crazy to blame you. This is all on him regardless of the lease.

Start looking for a new place.
A open pit of raw sewage will get the house condemmed for habitation.
Definate lease breaker

 

[awpitt]

Agreed.

Side story. When I was trying to get a place outside of College Park for school, I found a condo room for rent. It seemed like a good deal until I started reading the lease and notice that it stated that if her pipes went bad, the oven broke, etc. I would have to pay 50% of the cost of replacement or repair even though I couldn't leave at the end of my lease without taking 50% of, for example, the oven with me. I think that there was even something in the lease that if she decided she wanted to put down new flooring I'd have to chip in, too! Needless to say, I didn't end up living there. The woman who wrote the lease was supposedly a law student, but I'm not sure how legal it is for the landlord to ask you to pay for these things.

It's perfectly legal if you agree to it by signing the lease. It's a good thing you read through it before hand. Most folks don't even bother then they cry and complain when they find out what they actaully agreed to.

 

[awpitt]

I would think that the landlord woulod be resonsible for all repairs, but that should be defined in the lease agreement. If not, contact a lawyer.

And note what I bolded above. NOT your house. NOT your septic. AVOID saying that to ANYONE or you may wind up having to foot the bill solely on what you 'claim' is yours, the landlord might use that against you. It is HIS septic, and HIS house. You just rent.

Exactly. I know there's a lot of advice being given here but you really need to a lawyer. Most will give you a free consultation then you can decide how to proceed.




.

 

[Bronwyn]

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.

Get a lawyer ASAP

 

[ylexot]

Unless the landlord is attempting some legal action (i.e. eviction) or the tenant is trying to break the lease, what is a lawyer going to do? Read the lease to them?

 

[frequentflier]

Just going to throw this out there:
When unexpected catastrophies come up, most people don't have an extra $8,000 laying around. Landlord or not. I was a renter for many years and know a few people that own rental properties. Most rentals are an investment and not a money maker. The tenant usually covers the cost of the mortgage, insurance and taxes.
If you have the repair money in savings, and that is a BIG IF~
maybe offer to pay the repairs in return for $8000 worth of rent and an extra month or two free. Of course, get everything in writing and notarized.
If you like the home and have not had any other problems with the landlord, and do not want to move, it could be an option.
I am not sticking up for the landlord or justifying his reaction to the problem. Just offering another possible solution.

 

[cattitude]

Unless the landlord is attempting some legal action (i.e. eviction) or the tenant is trying to break the lease, what is a lawyer going to do? Read the lease to them?

Excactly. That's why I posted what I did..the links. All the OP has to do is read what the procedure is and take the necessary steps.

 

[Bronwyn]

Unless the landlord is attempting some legal action (i.e. eviction) or the tenant is trying to break the lease, what is a lawyer going to do? Read the lease to them?

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

 

[ylexot]

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

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

 

[Bronwyn]

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

Why so hostile? Did I step on your foot at the store or something?

 

[ylexot]

Why so hostile? Did I step on your foot at the store or something?

In general, I hate lawyers. Sure, there are some good ones, but the majority are leeches on society.

 

[Bronwyn]

In general, I hate lawyers. Sure, there are some good ones, but the majority are leeches on society.

I'll be more careful where I step from now on

:crossmyhearthopetodie:

 

[BernieP]

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

anybody can give advice (express their opinion) but would you trust your health to a group of annonymous posters on an internet forum or a real, live doctor who was educated as such and has experience in those matters?

I'm no more a fan of lawyers then you are, but the law is not always so simple. Is the lease legal and what recourse do both parties have under the lease. What does Maryland state law have to say? How about any county regulations, or even town regulations?

 

[cattitude]

I'm no more a fan of lawyers then you are, but the law is not always so simple. Is the lease legal and what recourse do both parties have under the lease. What does Maryland state law have to say? How about any county regulations, or even town regulations?

I give up.

 

[ylexot]

I'm no more a fan of lawyers then you are, but the law is not always so simple. Is the lease legal and what recourse do both parties have under the lease. What does Maryland state law have to say? How about any county regulations, or even town regulations?

I agree, but I am saying that it I think it is premature to go running to (and paying) a lawyer to sort out the intricacies. First thing is to read the lease yourself and use that as leverage/protection if needed. Really, leases aren't that complicated.

 

[awpitt]

I agree, but I am saying that it I think it is premature to go running to (and paying) a lawyer to sort out the intricacies. First thing is to read the lease yourself and use that as leverage/protection if needed. Really, leases aren't that complicated.

As I posted earlier, most lawyers provide a free initial consultation where someone can get a better (legal) idea of what the options are.

 

[BernieP]

I agree, but I am saying that it I think it is premature to go running to (and paying) a lawyer to sort out the intricacies. First thing is to read the lease yourself and use that as leverage/protection if needed. Really, leases aren't that complicated.

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).

 

[sockgirl77]

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.