Landlord Blues
Hello I'm new to this so bear with me. We are having trouble getting our landlord to fix things. Moving at this time is not an option. We have in the past paid for repairs on our own only to have landlord pay us back weeks after repairs made. My question is can we hold rent back., to make repairs ourselves, without getting into legal trouble. We have lived here several years at first wasn't to bad but he is continuing buying other properties and fixing them up to rent. We need
new water heater, can't use upstairs shower because it leaks into living room ceiling, we already have plaster falling. Have needed a stove for 18 months. it's functuional but at least twenty years old and falling apart.. :cry: thank you P.S.we live in Illinois
You can hold back rent. ...but you must do it officially. Check in your state for the form or how you have to inform your landlord you won't pay rent until the repairs are made. He has so many hours to make the repair and if it's not done then you have to mail him a letter stating you're not paying rent until the repair is made.
Once again - check your state statutes. Some states as NM have public 800# for people that rent to call.
Good luck.
You seem like a super tenant and your landlord would not want you to move. First, try talking to him. Then threaten to move and he will have to do all the repairs anyway. And then try to replace you-the super tenant. Good Luck!
In many major cities there is a tenant rights association that will be able to teach you the steps for how to deal with this situation.
Holding back the rent can get you in trouble if you do not do it correctly. You do not want issues when it becomes time to move because of black marks on you file (if the present landlord chooses to report something). Even if there is no basis cleaning it up can take a bit of time.
An alternative is to offer to buy the place on a lease/option. Legally you can not be made to do major repairs as the landlord is still responsible. You can agree to organize the repairs and then deduct the costs from the eventual purchase or off the monthly purchase. You will want a clear and strong option agreement. The benefit to the landlord is they no longer have the overheard of property management (which they seem to do badly) while knowing that you will continue renting for a period before buying). You can even offer to participate in a 1031 exchange as the landlord seems to want to continue buying investment property. There is no real cost or hassle to you as the buyer but the landlord will benefit. Hence it might motivate them to provide you with a deal that works well for you. The cash flow as an owner might be pretty similar to what you pay as a renter if the deal is set up right.
If you need more info on how to structure such a deal, just ask. There are a lot of investors here who know what they would be looking for so I am sure we can come up with a smart deal for all.
John
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Lovely place Edwardsville. Aren't the Cahokia mounds near there? Very nice city government. Go see the woman in the Department of Public works who is in charge of code violations for rental property.
As a landlord here in atlanta, I have 10 days to fix appliances that came with the rental. So if the A/C goes out, I have 10 days to fix it. If I don't after the 10 days, my tenants can pay to have it fixed and then deduct from the rent.
Honestly, the courts mostly favor the tenant over the landlord, so you don't have to be too afraid of lawsuits. Your landlord sounds very stupid.
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I would say be most honest with your landlord. Explain to him the problems and your solution (holding back rent) if he doesn't come through with the repairs...
Good Luck
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Thanks to all that have responded to our post,. with such very good advice. When confronted with the list of repairs needed, our landlord decided to raise the rent. Well does it really make sense to continue to pay an even higher rent to someone that won't do repairs. NO!, after being informed that we wouldn't pay a higher rent we were told that we could leave and that is exactly what we are in the process of doing. Now any suggestions for First time home owner with only fair credit rating. Would Fannie Mae be an option ? Thanks again to all. :-D :-D
I think you should rent some more before buying. It sounds like you need to get out quickly to avoid the rent increase, and it would probably take months for you to prepare decently for buying a house. Even if you already have a down payment saved or want to go 0% down, it would still benefit you to work on your financial situation and find good people that understand your needs to work with for the mortgage and real estate agent.
First step I'd take is to order your credit report and clean it up. Look at any accounts that you think are closed that show up as open, and at open accounts that you may have forgotten about that you no longer need, and call the institutions directly about those. Do this with a copy from all 3 credit bureaus, because I've always found them to have different mistakes. Check all acounts they list for accuracy. Contest anything bad you see with the credit bureaus, even if it's true, especially collections that you ended up paying. Chances are, some of it will be dropped. Wait a month or two, and order it again. Challenge the credit bureau again for any accounts that the institutions haven't updated correctly since the last report. It takes a couple months, but you can significantly improve your credit score, which is worth it when it dictates the terms of a 30 year mortgage.
You definitely need to rent again until you find a place you like. Buying is not a fast process. Even if you had a signed deal today it is unlikely you would be moved in to the new place in less then 30 days (45 being more common).
As there are some credit issues take some time to review the situation and improve your credit while building up more cash or paying down debt.
John
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Jdarts,
It is always better to prepare to buy a house. I don't know the laws in IL, but you need to contact the housing authority where you live. Explain the entire situation including the spiteful rent increase. You may be able to stay where you are for a while, without a rent increase, and without the expense of moving.
Then find a good mortgage broker. I recommend finding one at your local REIA. They will be more knowledgeable about more creative ways to get you into a house.