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We are halfway through a 2 year lease in Virginia. When we have met/worked with our landlord and in person she seems professional and very concerned about her rental property. She owns 1 other property, but this was her primary residence for 10 years - we are the second tenants to occupy it. My husband and I have been home owners, renters, and landlords at different times in our adult lives. We take very good care of the property, but there are some maintenance issues and some cosmetic issues that we would like to bring to the attention of our landlord, but she just won't communicate with us. The cosmetic issues do not need repair, but I would imagine she'd like to know about them to consider for future tenants (there is paint/ceiling damage due to hurricane wind and rain). When I was a landlord I would have wanted to know about up coming repaiirs. We have fixed most of the issues ourselves, i.e. - A/C pump was leaking water into the garage, washer leaked water, kitchen sink plumbing needed replacement, A/C stopped working, etc. However, there are a couple of issues that we believe needs attention and is beyond our scope - rats/squirrel noises in the attic and a large tree has died due to bug infestation. The tree is close to the house and road and could fall on the house or a car parked underneath it. Also, the neighbors are complaining about the tree, beside being a safety hazard, it's an eyesore.
I'm just not sure how aware she is of rental law. When we first moved in she or her family members would stop by with only an hour notice to make a repair, check on something, etc - never giving 24 hour notice. One the day we were to take possession her family was using the house to change/park to go to the beach. It was just awkward that they were using the house when we were trying to get things ready to move in the next day. We didn't complain, we just let it go, but it was just awkward/poor boundaries/unprofessional, etc. In attempts to communicate with her early in our lease, she would wait a week to return a call, but she seems to respond to texts.
However, since November she has not responded to any texts, emails, or calls. We texted her 2 weeks ago, and still no response. We have not be high maintenance tenants, we have only tried to contact her a few times:
1. June 2012 - To let her know that the pet smell in my son's bedroom hadn't disappeared after the carpets dried from the previous tenant. We also texted that month about when her handyman was coming to do repairs that she wanted done, etc. She did replace the carpet in that room, which was great.
2. Sept 2012 - To let her know about the A/C, she didn't respond, we let it go since it was getting cooler and she just had a baby.
3. Nov. 2012 - To let her know about the dead tree and the cosmetic damage from the hurricane - no response.
4. May 2013 - To remind her of the A/C issue (which now it's working???), pests in the attic, reminded her of the dead tree and hurricane damage, dishwasher leaking, and pump leaking in the garage - no response. Not even a response that she received our message.
So now what? I am guessing I need to send her a certified letter, but I don't know if it's worth it - if I'm making a big deal out of small issues, etc. In reality it is her property and none of the things have to be fixed, I just don't want to be held responsible and would like a record of that. Would sending a certified letter be the best thing or cause trouble?
Send the letter already! You should hold it unopened if she refuses to take receipt of it. You may end up in court and the letter would be proof you tried to contact her.
However, since November she has not responded to any texts, emails, or calls.
So now what? I am guessing I need to send her a certified letter, but...
As to the specific requests for repairs though... that needs to be done by the book.
By you not asserting your expectation for up to year... you lose some standing too.
But I'd start by visiting her at her home. In person.
Keep it at the friendly tea and chat on the porch level for the moment.
Maybe she isn't there...
I do accept that I should have been more assertive, by mail, in the beginning, that's on me. Anyway, I do have the letter already typed up, I guess I was concerned about looking adversarial or demanding???
I do accept that I should have been more assertive, by mail, in the beginning, that's on me. Anyway, I do have the letter already typed up, I guess I was concerned about looking adversarial or demanding???
Thanks for your input.
You have to decide if it's worth it. I'd let the cosmetic stuff go and forget about the tree (her problem), but any water leaks or broken appliances need to be handled now. Certified mail is a good way to document those bigger issues.
Personally, I'd pare the letter down to the leaks in the dishwasher and the pump in the garage. However, you have a better handle on the situation; do what you need to do to protect your own living situation.
We sent the certified letter 12 days ago and still no response at all - nothing.
The letter focused on the main issues - rodents in the attic, leaking dishwasher, and dead tree on side of property that. Then we also mentioned in a very casual way about the cosmetic damage due to Hurricane Sandy as we wanted to give her a heads up to make sure she is aware of it because it is her property.
On one hand I feel that her lack of any communication is unprofessional and borderline rude, then on the other hand I wonder if I am missing something within our lease.
I looked very closely at the lease. It says nothing about pest control, however VA State law says tenants in SFH are responsible - this is a townhouse and they are in the attic due to some opening - is it still our responsibility?
The lease says we are responsible for the maintenance of grass, shrubs, and flower beds - nothing about tree removal.
It says nothing about who is responsible for appliance repair. The dishwasher works - I am more concerned about the potential damage to the subfloor due to the leak.
Finally the lease says that we must receive written permission prior to making any repairs. Which technically we could be in trouble since we have made some repairs when she didn't respond to previous attempts of communication.
Is there any more that we should do to protect ourselves?
Thanks
Last edited by beachrunnerjm; 06-18-2013 at 11:36 AM..
Reason: spelling
I can't move until the lease is up next June. - I want to make sure I understand our responsibilities per the lease and protect ourselves when move out time comes.
Assuming 3 days for the letter to travel, the post office must hold the letter for 10 days to allow someone to pick it up, if they were not there to sign for it. If it was not delivered, you will get it back. If you get it back, save it, unopened, as proof you tried to notify. Have you gone online to see if it was delivered?
As a townhouse I believe the landlord is responsible for pests. And the leak can make the place unlivable. Continue to document and take photos, time and day stamped.
I feel that after you've given time enough for the landlord to respond, you can break the lease, and the returned certified letter, with documentation and photos should be enough for a judge.
Continue to make timely rental payments until/if you decide you've had enough, and give written 30 days notice if possible, certified return receipt.
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