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So my rent is late. Admittedly it's my own fault. I prepaid for 3 months then I completely forgot I needed to pay this month. My landlord did leave me a voicemail about it but I never listened to it because my roommate told me not to bother because my landlord had called her about bout a problem with the electric and she took care of that and she figured shed call me bout the same thing. She texted me today saying I need to pay a $100 late fee. That's probably fair.
However, there are two issues that my landlord has not taken care of. The first is the lock on my bedroom door doesnt work. It apeears whoever put the door in didnt align it properly with the frame. I have asked her at least 3 times to fix it because I am concerned for satefy reasons (my old apartment got broken into when I was home) but she hasnt. Also, a plumber had to come and fix a big leak in the air conditioner and to do so he had to cut 4 rather big holes probably 6 inches by 6 inches, maybe bigger in one of my bedroom walls. This was probably like 2 months ago. That still hasn't been fixed. I even told my landlords mom about it 2ish weeks ago and still nothing. You can see the pipes in the walll. It's embarrassing to say the least...And sometimes bugs crawl out of the holes
So my questions are: is there anything I can do about the late fee or should I just pay it? And what can I do about the other two problems?
You need to pay the late fee. Period. End of subject.
Did you make the request for repairs in writing? Can you document the dates? Probably not. In any event, make the requests in writing now, referring to the approximate dates you asked for these repairs before. Don't bother mentioning request to the landlord's mother - that's just an idle conversation - she's not your landlord.
In your written request, ask politely that the repairs be completed in 7 business days.
Seperate issues. Pay your rent and the late fee. You should always ask nicely if they will waive the fee due to the unusualy circumstances, but pay if they say no.
Put your request for repairs in writing and deliver it to them. If no activity has occurred in a reasonable time period, send them another request via certified mail. Check with your local housing authority to determine what, if any, regulations deal with these types of repairs and what legal remedy you may have.
those remedies are unrelated to your late fee since it was not due to the repairs, it was due to your mental lapse.
You need to pay the late fee. Period. End of subject.
Did you make the request for repairs in writing? Can you document the dates? Probably not. In any event, make the requests in writing now, referring to the approximate dates you asked for these repairs before. Don't bother mentioning request to the landlord's mother - that's just an idle conversation - she's not your landlord.
In your written request, ask politely that the repairs be completed in 7 business days.
I will pay it.
But I made the requests via text. They still on my phone. Does that count?
And the landlords mother is listed on the lease as well. The mother lives in town and the landlord does not. I am not sure if that makes a difference or not.
But is it okay to text my request or do I need to mail a letter or something?
I do not feel as though she wants to fix the lock issue. My mom made it clear when we signed my lease that we expected to the door to lock and the landlord promised it would. However, it still does not. She blames the fact that the house is old and that it shifts but she just remodeled it and all the other doors lock...
OP, sending a text message is no guarantee that it was delivered/received by the recipient. You would need to hire a lawyer to subpoena records from their cellular provider.
Showing the messages in your phone is not proof of anything in this case. A written letter sent Certified US Mail with copies of all correspondence is your best bet.
I'll also throw in that you can email your landlord and request that she reply back by email or, at least, acknowledge her receipt of your email with a quick reply. That will probably suffice. Look at your lease. Then, go online and look at the Landlord-Tenant Laws of your state. Just about everything you will need to know will be contained in there. Don't assume that your landlord has any more knowledge of the content of your lease and the state statutes than you. In fact, most don't know what is really in either. In my personal opinion, it is best that you fulfill your responsibility under the lease first and then hold your landlord accountable to do the same. If you must go to court, you will be in far better shape. I'm not an attorney and can't give you legal advice or opinions but the above is consistent with everything I've ever read on the subject. When in doubt, talk to a real estate attorney!
If you are concerned for safety while you are in the bedroom...see about buying either a Hook & Eye or Barrel Bolt lock and install yourself with screws.
Deifinitely pay the late fee. You might want to call the landlord and apologize for it due to the 3 months prepay and arrange t drop off a check. When you pay, maybe ask if they had received the texts and when they are going to fix those items. They are probably going to be a bit more amenable to correcting them quickly when they have a current and apologetic tenant in front of them.
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