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Old 01-28-2011, 12:16 PM
 
2 posts, read 10,246 times
Reputation: 10

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We are renting a condo from an owner but it's managed by a real estate company.

We discovered that the company agent was a big slacker (and I think that he's the only employee in the company). Upon commencement of our agreement a week ago, he just gave us an entrance key, and told us that the rest we find in the apartment. We asked for a copy of HOA rules, he said later, and that was it. We have a whole bunch of minor problems, like we discovered we didn't have a pool key, and one of our showers didn't work. We have no idea how garbage is collected. He doesn't reply his emails, and for phone calls, we were able to reach him once, he said he was busy and promised to look at the email. Which didn't happen. Their office works, as before afternoon there is nobody in the office yet, and by 5pm there is nobody there already (and I don't know about in between).

One thing we made a mistake about, was the move-in list. We went through the apartment the first day and documented everything. Then I emailed the agent and asked him if he wanted to go through the list (it was Friday night, as the renting started on Friday). As he didn't reply even the next week, I just scanned the list(with our signatures and dates) and sent to him on Wednesday - no reply again. Then I discovered that the agreement said that move-in list should be sent within 3 days (it's dated right, and I have the original, but I should've sent it right away). On the other side, the agreement says that he has to provide HOA rules upon request, and he didn't.

I tried to contact the HOA itself to ask for the rules copy (emails were provided in the complex), ignored too. Does it mean, we can start hanging laundry on the balcony?

What should I do? Send the agency a certified letter, with all the problems, quotes from the agreement and another copy of the move-in list? Unfortunately, we don't have any contact information from the owners to complain about this "management".
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Old 01-28-2011, 12:24 PM
 
4,918 posts, read 22,687,523 times
Reputation: 6303
This is the same as the hundreds of other post. Grab your state landloard tenant code and read it. Read your lease from A - Z. Everything your talking about is coverd in those items. Do exactly what it says to do. If the lease says your to send a written request for repairs, send a written request. If the law says after sending a request per the lease and you get no answer, you are to send another demand with a specific date for repairs, that's what you do. If the lease says your to get a copy of HOA rules upon request, amke sure your requesting according tot he lease. If no answer, what does the lease or law says is the next step. Just follow the written requirments, keeping copies of everything and in the end, your prevail.
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Old 01-28-2011, 12:45 PM
 
2 posts, read 10,246 times
Reputation: 10
Thanks, I've read the laws. It says that to fit for human occupancy, the place should have
7. Adequate receptacles for garbage

I'm sure that the place has garbage collection, only we don't know how it's collected.

Repairs should be done within reasonable time (30 days is reasonable).

There is nothing about HOA rules in the law, and nothing in the agreement what to do if nothing is provided. But I think it's not our problem if we don't follow, if HOA itself doesn't care.

I was asking what do with the landlord or nothing? (email is "in writing" or what?). I think I will ask somewhere else.
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Old 01-28-2011, 12:52 PM
 
Location: Maine
2,272 posts, read 6,671,167 times
Reputation: 2563
I would send a letter outlining your concerns and questions, via certified mail. Anything you do should be in writing, and what you want is a paper trail just in case -- I would no longer send emails.
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Old 01-28-2011, 12:57 PM
 
4,918 posts, read 22,687,523 times
Reputation: 6303
A non responsive landlord is a non issue unless you have a issue that make the non response an issue. Or to translate, what specifically are you trying to accomplish? If you have a dirty door and the landlord isn;t being immedietely responsive, you may not have any real action but to be a pain in the butt. But if you have a clogged drain and the landlord is non responsive, its a diffrent issue where the non response may be a violation of law.

The pool key is something that could be dealt with by a written (not email but usps with delivery confirmation) letter requestingt he key. The non working shower is an issue that needs to be addressed immediately. If you have not reached the LL by email or phone, send a written letter (usually outlined int he laws) with a demand that it be fixed within whatever days the law says must be fixed.

the mistake most make is not returning to the most basic item most LL tenant laws still state, a written proof of delivery letter. It may be common to call or email but what you want is proof of notification of your complaint or request to the LL.
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Old 01-28-2011, 03:03 PM
 
Location: Indianapolis, IN
914 posts, read 4,446,059 times
Reputation: 854
Quote:
Originally Posted by lawmom View Post
I would send a letter outlining your concerns and questions, via certified mail. Anything you do should be in writing, and what you want is a paper trail just in case -- I would no longer send emails.
Agreed. Emails are nice and convenient and it looks like there is a paper trail, but it is easy to say you didn't get an email (or a voicemail, etc.).

Yours is a frustrating problem because unless they really are doing something wrong, it is hard to make a landlord take you seriously. Personally, I think having a shower that doesn't work is a big deal. You're paying for that shower, even if it isn't your only one. Showing up and having things be broken never feels good. I would agree that you are just going to have to start being a pain in the butt. But I think a certified letter should help. I've noticed landlords treat you more seriously if you show that you know the correct legal procedure for things.

Have you tried asking your neighbors about the trash situation?
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Old 01-28-2011, 09:29 PM
 
7,639 posts, read 8,715,152 times
Reputation: 4498
Sorry to interrupt, but what is a "move-in list"? Do most apt-renting have that?
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Old 01-29-2011, 02:51 PM
 
2,687 posts, read 7,411,614 times
Reputation: 4219
Default Hi...

Quote:
Originally Posted by tmjulia View Post
We are renting a condo from an owner but it's managed by a real estate company.

We discovered that the company agent was a big slacker (and I think that he's the only employee in the company). Upon commencement of our agreement a week ago, he just gave us an entrance key, and told us that the rest we find in the apartment. We asked for a copy of HOA rules, he said later, and that was it. We have a whole bunch of minor problems, like we discovered we didn't have a pool key, and one of our showers didn't work. We have no idea how garbage is collected. He doesn't reply his emails, and for phone calls, we were able to reach him once, he said he was busy and promised to look at the email. Which didn't happen. Their office works, as before afternoon there is nobody in the office yet, and by 5pm there is nobody there already (and I don't know about in between).

One thing we made a mistake about, was the move-in list. We went through the apartment the first day and documented everything. Then I emailed the agent and asked him if he wanted to go through the list (it was Friday night, as the renting started on Friday). As he didn't reply even the next week, I just scanned the list(with our signatures and dates) and sent to him on Wednesday - no reply again. Then I discovered that the agreement said that move-in list should be sent within 3 days (it's dated right, and I have the original, but I should've sent it right away). On the other side, the agreement says that he has to provide HOA rules upon request, and he didn't.

I tried to contact the HOA itself to ask for the rules copy (emails were provided in the complex), ignored too. Does it mean, we can start hanging laundry on the balcony?

What should I do? Send the agency a certified letter, with all the problems, quotes from the agreement and another copy of the move-in list? Unfortunately, we don't have any contact information from the owners to complain about this "management".
Do you have contact info for the Owners of the unit? I would contact them directly and immediately if you do. Does the property manager have an office address. Boy, I'd be knockin' on that door so fast it would make their head swim.
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