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Old 10-15-2013, 08:13 AM
 
Location: Raleigh
13,715 posts, read 12,453,077 times
Reputation: 20227

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Since no one has mentioned it, I will. Report this to the zoning inspector/building inspector. Not to "stick it to the landlord," Not to recover your loss, but to make sure that someone isn't living in a firetrap or third world conditions. The basement apartment could be nice and safe, but if the apartment isn't supposed to be there, anything could happen. And, the landlord is stealing from all taxpayers by doing that.
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Old 10-15-2013, 10:15 AM
 
12,973 posts, read 15,813,699 times
Reputation: 5478
Quote:
Originally Posted by Febtober View Post
Why would there ever be a statement in the lease saying that he doesn't have to pay electricity for a unit that is not his own? That's so self evident it would never need to be put into writing. I would be just as concerned about lacking a clause stating that I'm not responsible for droughts in Iowa.
Not that simple. If for instance it was only the basement and the washer/dryer the LL simply claims that is part of the deal. If tenant had use of the W/D it would likely stick.



Quote:
The landlord will not be able to rent out the apartment again. She will be on the hook for some serious fines to the city and contractor work, which the city will inspect.
Don't bet on it. There are apartments throughout the east coast that have been shutdown and simply reopen 3 moths later. It is a local thing. You think they are going to come back every three months and make sure that no one is living there? The apartment itself is likely not illegal. It is renting it that is against the law.


Quote:
As others have gone over, he cannot be "thrown out" as that is considered retaliation. The landlord may not renew his lease, however.
The lease is month to month. 30 days and out.
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Old 10-15-2013, 11:40 AM
 
Location: Austin, TX
16,787 posts, read 49,091,640 times
Reputation: 9483
Quote:
Originally Posted by lvoc View Post

Quote:
As others have gone over, he cannot be "thrown out" as that is considered retaliation. The landlord may not renew his lease, however.
The lease is month to month. 30 days and out.
Many States have a non-retaliation clause written into state law. In Texas, where I live, the non-retaliation law extends for 6 months following the date of the tenants actions, which specifically includes reporting the property to building inspection or code officials. So the landlord cannot terminate the rental for at least 6 months following that event.
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Old 10-15-2013, 12:03 PM
 
12,973 posts, read 15,813,699 times
Reputation: 5478
Quote:
Originally Posted by CptnRn View Post
Many States have a non-retaliation clause written into state law. In Texas, where I live, the non-retaliation law extends for 6 months following the date of the tenants actions, which specifically includes reporting the property to building inspection or code officials. So the landlord cannot terminate the rental for at least 6 months following that event.
Not in NJ and not most places.

And OP is not reporting the place where OP lives...but another place.

Any overt action OP takes is likely suicide as far as keeping the place.

As an aside I think you are wrong about TX.

Last edited by lvoc; 10-15-2013 at 12:21 PM..
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Old 10-15-2013, 12:33 PM
 
Location: Back at home in western Washington!
1,490 posts, read 4,758,707 times
Reputation: 3244
Quote:
Originally Posted by anaonc View Post
My idea of fair would be lower rent in order to compensate for the extremely high electricity bill. My rent is not low now, it is on the higher end of average for rent in the area. If they lower the rent, put it in writing, sign a new lease (I'm currently on month-to-month and would like at least a 6 month lease), then I will keep my mouth shut and continue to live there. If they don't agree and only want to pay back electricity to me and tell me to move then I will take them to court, report her to code enforcer, tax assessors office, etc. etc.
That's blackmail. How do you suppose a judge would react to you saying this to your LL? You will have to say it in writing too, because any and all verbal conversations are not going to be acceptable in court (if that's where this leads). To get this point across to your LL, you will have to spell it out in a certified letter (which the LL will then present to the court as evidence). I don't see a judge looking highly on this way of thinking that you have...but let us know how it turns out.
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Old 10-15-2013, 01:29 PM
 
Location: Silicon Valley
18,813 posts, read 32,533,345 times
Reputation: 38577
Quote:
Originally Posted by CptnRn View Post
Many States have a non-retaliation clause written into state law. In Texas, where I live, the non-retaliation law extends for 6 months following the date of the tenants actions, which specifically includes reporting the property to building inspection or code officials. So the landlord cannot terminate the rental for at least 6 months following that event.

Same deal in CA. It's considered a retaliatory eviction, if the LL kicks you out within 6 months of exercising your rights about certain things. And a tenant is protected against this by law.

California Tenants - California Department of Consumer Affairs
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Old 10-15-2013, 03:15 PM
 
12,973 posts, read 15,813,699 times
Reputation: 5478
Quote:
Originally Posted by NoMoreSnowForMe View Post
Same deal in CA. It's considered a retaliatory eviction, if the LL kicks you out within 6 months of exercising your rights about certain things. And a tenant is protected against this by law.

California Tenants - California Department of Consumer Affairs
Read it again. Does not apply here...and the case is not in CA.

Not clear how it works on month to month as well.
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Old 10-15-2013, 03:17 PM
 
12,973 posts, read 15,813,699 times
Reputation: 5478
Quote:
Originally Posted by Sabinerose View Post
That's blackmail. How do you suppose a judge would react to you saying this to your LL? You will have to say it in writing too, because any and all verbal conversations are not going to be acceptable in court (if that's where this leads). To get this point across to your LL, you will have to spell it out in a certified letter (which the LL will then present to the court as evidence). I don't see a judge looking highly on this way of thinking that you have...but let us know how it turns out.
It is not blackmail. The basic complaint is likely sound. The OP should pick words more carefully.
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