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Old 01-01-2014, 12:37 PM
 
1 posts, read 993 times
Reputation: 10

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I'm hoping someone can help me out with a problem my girlfriend is having with her landlord. About a 1.5 yrs ago she moved into a home with a couple of roomies. They had a 1 yr. lease, but when the lease went up the lady at the time that was renting to them, lost the house in a divorce settlement. The X husband then became the new landlord a few months back. When he took over the property, he never even came by took look at it, just sent them a letter in the mail telling them where to send a check for rent.

Over the past couple of months they have had issues with the heating and air. They have received a couple of power bills that have been outrageous considering they have gas heat. I'm not an HVAC guy, but a small 3 bedroom house should not have a power bill of $230 in December when you have gas heat! the heat and sometime AC is always running, even when it is turn off on the panel. They clearly have a problem. The current landlord(x husband) sent someone out a couple of months and it didn't fix the issue. Last year, they had a similar issue and the previous landlord (wife) took money off their rent, because it was clear they were paying for a problem that needed to be fixed by the landlord.

A couple days ago my girlfriend sent the current land a message telling him they had a problem and was wondering if they could get some money taken off their rent, because the power bill was triple what it should be (This was a NICE/POLITE message!). He responded with a very RUDE voicemail, then called her other roomie and was very rude to her, to the point where he made her cry. He also said that he might just kick them out, because he doesn't feel like being a landlord any more. He also said he was going to come by and look at the damage done to the property, but he never came to the property when he took over!?!?

I can say their are no damages to the property other then usual wear and tear. This is NOT a party house. This is NOT a college house. Two of the girls are fulltime nurses and my girlfriend is a restaurant GM. That means these ladies do not have time to be bad tenants!!! They have always paid rent on time, and had a good relationships this current landlords x wife(original landlord). The current landlord seems to be on a real power trip.

I apologize for the long post, but as you can see it is a complex situation. I was wondering what rights the ladies have considering they currently are not under a lease agreement with the new landlord? Can he force them out even if they have been good tenants? If they're forced to moved out, how much time will they have? Could this possibly go down on there credit as an eviction??

Any help is greatly appreciated!!!
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Old 01-01-2014, 03:45 PM
 
813 posts, read 964,444 times
Reputation: 994
There isn't much they can do without a rental agreement. They should start looking for a new place to live anyway based on the landlord's attitude. They may also want to talk to an attorney but without a rental agreement there isn't much for an attorney to look at.
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Old 01-01-2014, 03:51 PM
 
Location: IGO CA
350 posts, read 367,816 times
Reputation: 843
In lieu of a lease contract, they are now month-to-month tenants ... so the landlord can give them a 30 notice to vacate whenever. Sounds like looking for a new location would be a good idea, since the current landlord doesn't seemed inclined to take care of the property anyway.
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Old 01-01-2014, 03:56 PM
 
813 posts, read 964,444 times
Reputation: 994
Also, be sure they record the final walkthrough with the landlord. They should also send any further requests to him in writing.
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Old 01-02-2014, 08:29 AM
 
Location: Charlotte, NC
4,741 posts, read 6,387,160 times
Reputation: 5204
Communicate in writing from here on out, and make copies for all three tenants. The original lease should carry over and be month-to-month unless it states otherwise. After the initial term, the landlord can ask for/demand the return of the house with proper notice. I'd flat out ask if he is going to give you a 30-day notice to vacate. Don't ask "when", ask "if". He will then have to mail that notice to everyone and wait 30 days, or the required time frame.

Go ahead and start taking pictures of everything, with time and date stamps. Print out a couple sets of those photos. If you go to court, the magistrate will not allow you to pull out your phone or laptop to show the pictures.

And go ahead and start planning to find a new place to go as soon as you receive your notice. Do not procrastinate.
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Old 01-02-2014, 03:17 PM
 
Location: Wake Forest, NY
613 posts, read 636,806 times
Reputation: 631
Move. Give 30 days notice in writing.
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Old 01-02-2014, 09:30 PM
 
Location: Charlotte Metro Area
2,155 posts, read 3,360,475 times
Reputation: 1652
Take pictures of everything with the house empty so that he can't ding her for damages and fail to return the deposit.
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Old 01-03-2014, 02:44 PM
 
122 posts, read 166,532 times
Reputation: 124
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