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Long term, obviously, you should get out of there, but whatever they may threaten, a landlord does NOT want to get into a protracted legal battle, especially since such a battle would illuminate their maintenance and safety short-comings. Save any threats they communicate to you. Landlord-tenant law is very friendly to tenants in these parts, and any landlord who threatens you with illegal activity (such as changing the locks on you, which is VERY illegal) will not be treated kindly in court. If you feel there is an unsafe or unsavory condition, you should call immediately, but you should also send registered letters that say that you will contract to have repairs completed yourself and deduct the expenses from the rent if they do not respond. That usually is very effective. You can also threaten to put rent into an escrow account until they complete repairs. Read your lease all the way through to see what it says about repairs, habitability, that sort of thing. It's odd that despite the legal balance in their favor tenants are often too willing to live with intolerable situations.
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I for one have often lived in intolerable situations and put up with them. most tenants just don't know their rights, or don't know what to do about it (who to call, etc) when their rights are being violated. and most importantly, for me, moving is a pain in the ass.
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"There is no flag large enough to cover the shame of killing innocent people." — Howard Zinn |
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Quote:
First of all: - Landlords are barred from entering writ of possessions at Landlord-Tenant court if there are major open (outstanding) violations with the property. The landlord is actually under oath when the eviction filing is sent, to indicate to "the best of my knowledge, I have no outstanding L&I violations with this property." The easiest way you can get that fixed? Report the landlord to L&I early. Even if you're a good renter but the landlord is refusing to fix the problem--it will be MUCH easier for you to sit out a rodent, heat, damage problem for a short while after you enter your complaint to L&I. You can file the complaint in person (MSB Building) and also follow-up with a certified letter to them. BRING PHOTOGRAPHS OF THE PROBLEM WITH YOU! Mail copies of those along with your complaint! In the case of no heat, bust out a digital thermometer, set it reasonably close to the radiator, and get the photo of the readout and the radiator in the picture. In other problems (fire code violations, unlit stairwells, damage, leaks, construction issues) snap photos of the problems. You are building a case against the landlord because when you withhold the rent money--prepare for legal action to be taken against you! Second: - Landlords are barred from entering writ of possessions at Landlord-Tenant court if they do not possess a rental license with the Revenue Department-which is critical. Nor can they rent the building out AT ALL if the building is not zoned for human habitation. Nor can they rent it out if it is violating the fire code. L&I can verify the existence of licenses over the phone, and you can order copies of them if they exist. If the landlord doesn't have the necessary permits and the license to rent the building, it's not your job to bring it to the landlord's attention. Make a note of when you contacted L&I, the date and time, and who you communicated with when you verified the absence of any permits. Inform L&I at that time that you are renting from the owner of the property, who the property manager is if asked, and how long you have been renting there. They'll take care of any follow-up and documentation on their part. Third: - Landlords are specifically required by law to provide adequate heat. Generally, the heat should be on from October through April. This is the law: Quote:
Is that not specific enough? The easiest way to show the landlord is falling behind is to tape a digital thermometor on the wall near the radiator, snap a photo that clearly shows that the damn thing is next to the radiator and it's below the prescribed temperature. You need to prove to the court in your eviction hearing that you're withholding rent for a reasonable purpose and that you have a complaint.In examples 1, 2 and 3--these are simple cases where--if you can't get absolution--then you can withhold the ENTIRE rent (i.e. not pay it for now). That doesn't mean you don't owe the rent--you do, however you'll need to set that money aside somewhere, such as a savings account for now. If it comes down to this--usually the landlord will react IMMEDIATELY--first, because they're aware you know what the law is, and second--they really don't want to have to deal with their attorney, especially if your grievance is obviously legitimate. You should negotiate with your landlord, and get the agreement IN WRITING. L&T court is setup to automatically favor the landlord in a default judgement. So if you get into a dispute that the landlord is not willing to resolve and you have recourse, you should look at moving out, and while you're withholding rent for that purpose--defend yourself from the landlord. If you can't get a resolution on the matter, then stop paying the rent again, hold it aside, and let the landlord file an eviction on you. You will then present all of this to the judge after you refuse binding mediation [It's BINDING... if you decide to enter mediation and agree to it, then YOU CANNOT APPEAL... be aware of that]. Be prepared to show the judge every document you have and show how the timeline progressed. If the judge rules in your favor, then the eviction is stayed or tossed out pending an appeal to Common Pleas (the landlord could settle, or they'll take the case to Common Pleas Court). At this point once Common Pleas gets the appeal you will get an escrow account and you will pay your rent to the court. The LANDLORD will have to deal with the court now to get at the money. Further impacts: An unfavorable ruling in L&T court can cause problems with you down the road when you rent again--especially with any partners your landlord works with. Further, court action between you and the landlord can easily be seen once the matter moves to Common Pleas court. If your lawsuit or the landlord's shows up in a public records search, then it's quite possible that the next landlord you try to rent from could see it when they do a Choicepoint search--and then deny you an apartment. I know that sucks, but it can happen (and it does). Things you should consider the next time you rent: Do a background search on who you are renting from. You can search cases online here, and see what kind of court actions your future landlord might have been involved with in the past as a plaintiff or as a defendant. apartment ratings give you a good idea of what tenants attitudes are in the building--but seeing what the legal action is can be a lot more revealing about how your landlord conducts business, especially if they're showing up as a DEFENDANT a lot.
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Buh-bye. Last edited by MayfairMeat : 02-17-2007 at 12:03 AM. |
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"Urban Property Group" AKA "Drexel Equities" AKA "Ivy League Properties"-- stay far away from them, unless you want a headache, break-ins, cockroaches, non-functioning plumbing and appliances, flea infestations, fire hazards, and worse.
We had the unfortunate experience of renting from them at 34th & Baring, and it was an absolute nightmare. Should have walked away at day 1!!, but unfortunately suffered 10 months. L & I and Animal Control came to the property more frequently than any handyman or "Art" himself (if that even is his name)! Honestly, start packing your bags. |
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