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Does a landlord have responsibility to provide decent living conditions even if a tenant doesn't complain? Is there some basic level that must be maintained to operate a rental property? Or is a tenant responsible if complaints aren't made (or lawsuits not filed, etc.)?
(Yes, there is a long, long backstory...of course...)
There are standards for habitability- that is the term you can use. Living conditions are more like "how the person keeps house".
If the house looks shabby- that might not be 'actionable" in any other venue than your jurisdiction's code enforcement division.
Yes.. there are responsibility for the LL and also responsibility of the tenant. There will always be cases where one or both parties don't care or find it acceptable for their situation.
Based on your question, you are probably neither party. If that is the case, there are things that you can do if either of their action or lack of is affecting you.
Depends on what specifically you asking about..... there are city/state laws.
If there is puke in the hallway and no one has cleaned it up, yes the landlord "should" clean it, but it doesn't violate any laws if he doesn't. You can also clean it if it bothers you.
If there is garbage in front of the fire door, yes, that does violate laws.
In any case.. if you dont like where you live...... move.
Does a landlord have responsibility to provide decent living conditions even if a tenant doesn't complain? Is there some basic level that must be maintained to operate a rental property? Or is a tenant responsible if complaints aren't made (or lawsuits not filed, etc.)?
(Yes, there is a long, long backstory...of course...)
Well both. A landlord needs to provide a property that is in habitable condition. The tenant needs to notify the landlord if something needs to be fixed, like a leaking pipe. I mean if there is a roof leak and you never let the landlord know about it, I don't see how the landlord could be held responsible for knowing about it.
Most leases have a clause stating that tenants will notify landlords right away of needed repairs. What does your lease agreement say?
If the tenant never complains how is the landlord supposed to know that something needs to be fixed?
You seriously want your landlord to walk through your apartment once a week, looking for things that need to be repaired because you refuse to tell him when something breaks?
Also, most of the places I see with disgusting conditions the disgusting conditions are a direct result of the tenants being slobs. If it is a low rent building, you are very likely to have neighbors who are slobs and there is a limit to how much a landlord can control that.
If the disgusting conditions are because you are the slob, then you get to clean it up yourself.
I suggest that you move at the end of your lease and move to a place where the rent is higher and the landlord screens more carefully and takes better care of maintenance. Also if the place is clean and well maintained at a higher rent level, the landlord can threaten to evict and can maybe get a better tenant next time. If the place is cheap rent and full of slobs, threats to evict aren't worth much becasue if the slob is kicked out, there is a high change the next tenant will also be a slob. (I just went to look at a fixer-upper duplex and it wouldn't matter what I did to fix it up, no decent human being would ever move into that neighborhood. It would be a waste of time to kick out a slob tenant in that one becasue no one else besides a slob would ever consider moving into that neighborhood)
Everyone is so quick to assume I'm the tenant! No!! sj08054 is correct--I am neither the tenant nor am I the landlord!
I am under contract to buy the property next door...long story that I've touched on in other threads (don't know how link those here) but the tenants have been an issue since we moved in. The worst of it is that there are four children that live there, and while I've never witnessed anything that warrants an immediate call to CPS, i have been concerned to the point that I keep a list of unsettling observations...But, as with much of life, it's complicated. 3 of my children and 3 of the neighbor children are close in age and go to school together. We live in a very nice affluent suburb, but there are some run-down homes that remain here and there. Most of those are occupied by elderly people who've lived there for years. So here's this poor single mom who makes obviously bad choices (late night weekday parties, new "roommates" every month, etc) with 3 beautiful, sweet, funny, kind kids (the oldest is a teenager and is not sweet, funny or kind) that have no reason to believe are abused other than something doesn't seem right...but I don't want to call CPS on someone just because they're poor.
Yesterday we had our inspection. My husband wanted to go, but couldn't. I wasn't planning on going, but at the last minute decided to stop by. There were 2 inspectors there who met me outside as i walked up. Pretty much the first thing they asked me, "is there a reason you're interested in this particular property?" When I told they we owned the neighboring property, relief washed over their faces. Next question: "have you ever been inside?" Answer: no, but know it's got to be pretty bad. Next question: "Are there children who actually live here?" Answer, as my concern level rises: yes...4 of them. Their faces just fell. They shook their heads, and their expressions were confirming everything I've feared. I said, "is it that bad?" One guy said, "yes--it's that bad." The other guy said, "it's the worst I've ever seen. I'm considering if I should call CPS when I leave here..." I sobbed. I didn't go inside.
We got the report last night and as my husband and I poured over it and the accompanying pictures, we started noticing that while the family lives like slobs and it's utterly disgusting and no way to live, many of the concerning items seem to be more of the property owners responsibility. Roof leaking in many spots, gutters filled with debris and falling off, no heat due to furnace being incorrectly installed, bathroom were gross but there were also material issues that wouldn't be a tenant's responsibility (they need subfloors replaced due to plumbing issues) NOTHING is code--even required items that wouldn't be grandfathered in.
So while the mother bears the brunt of responsibility, I started feeling really angry towards the landlord. I feel like he should never have rented that place out with these (and other) issues. He should have had the roof repaired. He should have had the furnace properly installed. He should have checked up on his property! Not to mention knowing there were kids who lived there.
Basically, I'm angry and sad, and I don't know what to do about it.
Everyone is so quick to assume I'm the tenant! No!! sj08054 is correct--I am neither the tenant nor am I the landlord!
I am under contract to buy the property next door...long story that I've touched on in other threads (don't know how link those here) but the tenants have been an issue since we moved in. The worst of it is that there are four children that live there, and while I've never witnessed anything that warrants an immediate call to CPS, i have been concerned to the point that I keep a list of unsettling observations...But, as with much of life, it's complicated. 3 of my children and 3 of the neighbor children are close in age and go to school together. We live in a very nice affluent suburb, but there are some run-down homes that remain here and there. Most of those are occupied by elderly people who've lived there for years. So here's this poor single mom who makes obviously bad choices (late night weekday parties, new "roommates" every month, etc) with 3 beautiful, sweet, funny, kind kids (the oldest is a teenager and is not sweet, funny or kind) that have no reason to believe are abused other than something doesn't seem right...but I don't want to call CPS on someone just because they're poor.
Yesterday we had our inspection. My husband wanted to go, but couldn't. I wasn't planning on going, but at the last minute decided to stop by. There were 2 inspectors there who met me outside as i walked up. Pretty much the first thing they asked me, "is there a reason you're interested in this particular property?" When I told they we owned the neighboring property, relief washed over their faces. Next question: "have you ever been inside?" Answer: no, but know it's got to be pretty bad. Next question: "Are there children who actually live here?" Answer, as my concern level rises: yes...4 of them. Their faces just fell. They shook their heads, and their expressions were confirming everything I've feared. I said, "is it that bad?" One guy said, "yes--it's that bad." The other guy said, "it's the worst I've ever seen. I'm considering if I should call CPS when I leave here..." I sobbed. I didn't go inside.
We got the report last night and as my husband and I poured over it and the accompanying pictures, we started noticing that while the family lives like slobs and it's utterly disgusting and no way to live, many of the concerning items seem to be more of the property owners responsibility. Roof leaking in many spots, gutters filled with debris and falling off, no heat due to furnace being incorrectly installed, bathroom were gross but there were also material issues that wouldn't be a tenant's responsibility (they need subfloors replaced due to plumbing issues) NOTHING is code--even required items that wouldn't be grandfathered in.
So while the mother bears the brunt of responsibility, I started feeling really angry towards the landlord. I feel like he should never have rented that place out with these (and other) issues. He should have had the roof repaired. He should have had the furnace properly installed. He should have checked up on his property! Not to mention knowing there were kids who lived there.
Basically, I'm angry and sad, and I don't know what to do about it.
Please make the call to CPS. Please. They won't necessarily take the children, especially if they think a lower intervention will work. What can happen is that the family might get fast tracked to services in order to preserve the family unit. Often in cases of uninhabitable homes, if the children are removed, they are returned when the parent provides suitable housing (whether through cleaning it up or moving) and they will be followed up with for 6 months to a year. I have had many students and their families go through this over the years and almost always it really does help make the kids' lives become less chaotic. So please, report it.
It's a little difficult for a landlord to fix a problem in a rental home if they don't know about it. It is generally not in the owner's best interest to allow major repairs, such as leaking roofs, to fester. A $400-500 roof repair makes much more economic sense than one that gets worse and ends up requiring a quarter of the roof replaced, along with ceilings and drywall that gets damaged by repeated exposure to water. If the landlord knew about this and let it continue he or she is an idiot. Regardless, the landlord is not responsible for ensuring the kids are being taken care, that is the parents' job.
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Odds are the landlord knew. Those are not things that happen overnight in a property.
It may be all she can afford. As the new landlord, are you willing to improve the property so she and the children have a healthy place to live?
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