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So, I rent a house in the Abq area through what we thought was a reputable company. Now we're finding out they only fix things when it's convenient for them.
We were having our kitchen sink backup and fill with water, leaky toilets, sewage backup into the yard (we don't have a sewage tank), water flood our laundry room and panels came off the wall because a pipe was busted so we now have water damage.
We have had the same contractor (the only one they want to use) at our house 5 times. We've been at this house for 3 months. This morning Friday 15, 2010 the plumbers finally admit when they snaked the main line that they cracked the housing because they snaked it wrong? So, they want us to wait until Wednesday Jan 20, 2010 to fix it so the main pipe is dry?? During that time we can't use the sink or water in the house..
Obviously sewage in the backyard is a health hazard.
Is there anyone in the city who regulates this sort of thing that I can contact and get some real help?
Make a list of every defect as well as every failure to repair; dates, etc.
Append it to a well written, professional, demand for immediate and total satisfaction.
State that since you do not have full and customary use of the property, you will
be withholding a set portion (50-100%) of the rent until such time as all the listed
deficiencies are repaired to your satisfaction. Have copies of it notarized and send
one to the landlord via certified, receipt requested, surface mail.
And then stick to your guns.
I've gone through similar situations on a couple occasions and until the cash flow
stops, slumlords (and I would call this guy one), will do nothing. Once the cash
stops, they'll scream bloody murder and make all sorts of legal threats, but just
tell them that you'll start paying rent again once the property is repaired.
Can you PM me the name of the management company? We are going to be renting in Rio Rancho soon, and I want to make sure I avoid any properties managed by this company. Thanks.
What do you think?
In May I rented an old house in Albuquerque. The add said "$100 utility credit". I assumed this was becasue the house is old and not very air tight (but charming). Moved in (paid $500 to movers and paid for a truck). AFTER the movers drove away, the property manager informed me the little house in the back is also on my electric, gas and water meters. She said the $100 utiltiy credit is becasue I will be paying all of the little house utilities as well as my own. I just about went through the roof! There was no mention of this on the lease or in the ad.
In researching the issue, I learned the three previous tenants abandoned the lease and moved out during winter months due to high utilities. For the month of April, 2013 the electric bill alone was $300. My house was empty, no tenant, and the bill was still $300. That means the little house was using ALOT of electricity!!!. The tenant in the little house in the back uses small electric heaters in the winter. He actually seems like a decent guy. My beef is not with him, but with the landlord. I am on a single person income who supports a very frail mother and a daughter. I am REALLY stressed out about paying a grown man's utilities. I really think it is unfair. I would have NEVER moved in if I had known this in advance no matter how charming the house is.
What can I do? All of the utilities are in my name. When I was hesitating to put the utilties in my name after I found out about the little house, the landlord threatened to evict me. Please help... I honestly do not want to move, nor can I afford to, I love the house and location, but I am VERY afraid of giant bills and I just ethically have an issue with paying the utilities for an additional household. The landlord justifies it by saying the house is small and the tenant is a single man. OH ALSO.... the landlord collects $150 from the tenant in the small back house for utilties!! I never see a dime of this money!!! The landlord collects for utilties but I pay all the utilties.
I would definitely check this with a legal association and see what recourse you have before it gets cold. Not sure how the guy is cooling but there needs to be a way to better approximate his utilities and also get that utility money the landlord gets applied. Good luck.
I found these:
*****
NMFLAG: On Wednesdays, when volunteer attorneys are available, NMFLAG advises clients with landlord / tenant issues. NM FLAG lawyers can not represent you, but they can provide assistance with paperwork, help prepare you for hearings, and advise you on what your best next step is. Legal advise is by appointment only. Please call our office at 256-0417 to set up an appointment.
To learn about your rights as a renter, read Legal Aid's Renter's Guide. [ [url=http://www.lawhelp.org/Program/3501/]Renter's Guide[/url] ]
Other agencies that can provide legal assistance with landlord/tenant issues include:
New Mexico Legal Aid [ [url=http://www.nmlegalaid.org/]New Mexico Legal Aid | Free Legal Services in Civil Cases for low-income persons in New Mexico
(505) 243-7871
Law Access New Mexico [ [url=http://www.lawhelp.org/Program/3577/]Law Access New Mexico[/url] ]
Statewide: [URL="tel:800-340-9771"]800-340-9771
Albuquerque (505) 998-4529
New Mexico Landlord/Tenant Hotline [ [url=http://www.santafenm.gov/index.aspx?NID=661]Santa Fe, NM - Official Website - Landlord & Tenant Resources[/url]]
Free for residents of Santa Fe
[(505) 983-8447
It is important at the outset that self-represented persons recognize that they are required to follow the same rules of procedure and evidence as a party represented by a lawyer. It is the responsibility of every litigant, including self-represented parties, to determine what needs to be done and to take the necessary action.
NMFLAG: 924 Lomas Ave. NW, Albuquerque, NM 87102 Phone: (505) 256-0417 • Fax: (505) 256-0780
This sounds insane. Why can't the owner get a second electric meter/account for the small house in the back? That's what probably legally needs to be done in this situation with 2 tenants. They've already threatened to evict you? Well that didn't take much time. I would start looking for new houses to rent if I were you. You might be able to sue too since there's nothing in the lease about you paying the utilities on two dwellings. Fraud/misrepresentation or something. You DID read every word of the lease didn't you?
Your landlord probably doesn't have the back house metered because it's not a legal rental unit and he doesn't want to draw attention to it. You need to discreetly find that out if that's the case, because it puts him at a severe disadvantage. I would call the Landlord Tenant hotline as Muddflap suggests, and the Housing Code Enforcement Citizen Contact Line via 311.
Also, re-read your lease front to back. If there's absolutely no mention of your paying utilities for living quarters other than the one listed in the lease, you should get a refund of all the extra utility charges you've already put out, and the city should be able to help you do that or refer you to someone who will help you do that. (I hope the back unit has a separate address, at least distinguished by a "B" or something. But, even if it doesn't, all that means is that, technically, you are renting the back house, too, and the back tenant is YOUR sub-tenant/roommate, so all his rents and utility fees should be coming to you.) You should explain to the hotline rep that you were coerced into putting the utilities in your name after you took possession of the property. Taking possession is when your lease term begins and you get the keys, not when you move yourself and your stuff in, so, as far as the law is concerned, you were already in there when he told you you'd be paying utilities for two units.
And don't be put off by threats of eviction if they come up again. It's not that easy to evict someone.
So sorry your landlord is such a creep. I guess the motto is to ask lots of questions and check up on a landlord as thoroughly as you would a tenant.
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Landlord Issues
