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Posted this on another site but got no help so I'm reposting it.
So I am currently living in a apartment building with 19 other college students (occupying 6 of the 8 apartments in the building) I'm friends with and we've rented since September 1 of 2009. Now, when we signed the leases to the apartments and in print it says no other tenants will be living in the apartment and we had the leases to each apartment in the entire building. Problem is a family is occupying an apartment and has not moved out. We keep being assured by our landlord they are moving out. They were already taken to court but we're supposed to be about by Jan 1, 2010. I don't know what to do since they aren't paying rent and are occupying apartments on our lease.
The landlord says she will give free month's rent to the people on the lease for the apartment they are occupying (3 of us) if the family is not out by the end of the month. Now that is just what was said and wasn't in writing. I really want to do something but I don't know what. I know there is always calling the sherriff but I'd feel terrible kicking out a family. Our landlord has not been helpful and was making renovations to the entire building until December even after the lease said the building was to be finished by Sept. 1, 2009.
I'm totally confused. Are you saying that you and your 19 friends signed leases for 8 apartments and are paying rent for 8 apts, but you're only living in 6 of the apts and another family is living in one of your apts that you're paying rent for... and that this has been going on since Sept?
yeah we have the leases for the entire building but there is still a family living in one of them who already went to court. but this has gone on since sept.
Where are the people living (either you or your friends) that should be living in the apt that's being occupied by the family and have you (or your friends) been paying rent for that apt since Sept?
Have you been paying rent on the apartment that you are unable to occupy?
What is your goal - to move into this apartment or to get out of the lease you have signed and move into an apartment somewhere else. My goal would be the latter.
You probably aren't getting responses because this story soulds too ridiculous to be true.
If you rented all 8 apartments, and there is a family in 1, why are you only in 6 of the 8? Who is in the other one?
Also, if the family has already been taken to court, it is a short matter to have the sheriff show up and forcibly remove them. It takes about 3 days in my area. If they were supposed to be out on the 1st, today is the 27th. The owner should have had the sheriff show up weeks ago. Unfortunately, you can't deal with that, the owner has to.
I assume you haven't been paying rent for the unit you can't use (or units, if the other 1 isn't available for some reason). If you have been, well... I don't think anyone here can help you with that. It is time to contact a lawyer of your own if they are charging you for a unit you can't use.
Assuming you haven't been paying rent, and you are just stacked extra deep in the 6 units you have, that is a long time to have been doing that. I would tell the LL that the situation is totally unacceptable, and you should receive a discount on the remaining portion of the lease for your inconvenience.
Finally, why did you let this go on so long? You moved in 4 months ago. I would have been calling the LL at least 3 times a week for an update on court hearings for eviction, and since the court date, I would be calling every day asking when the sheriff was coming.
The LL is clearly in the wrong for not dealing with this, but your group should have been more persistant on getting this dealt with.
alright each apartment has 4 bedrooms so instead of using the apt the family is in we just "stacked the other apts deep" as someone put it. we should still have access to this apartment, also the 8th apartment is still not open to us for renovations. we have been paying $750 instead of $800 monthly but still can I demand to not pay rent for January since this has gone on so long?
also, it is important to note, we didn't want to forcibly kick out the family because they have lived there for 27 years and are well known in the neighborhood. (we are in a semi-rough neighborhood about 1.5 miles from our university) we didn't want to cause any problems.
what do the late renovations, lack of a washer/dryer (which is on the lease) until yesterday, and the aforementioned situation with a family still living in one of the apartments constitute? can I withhold rent?
That totally depends on your state law. In Idaho, the ONLY legal reason you can withhold rent is to fix smoke detectors. Anything else is grounds for eviction.
Some states allow you to withhold the cost of fixing things.
Some states allow you to pay rent to the courts to be held in escrow pending completion of certain things.
Obviously, the LL isn't doing what they agreed to, but that may not mean you are entitled to not do what you agreed to. You might see if you can get a free consult with a local rental attorney and pick their brain on local law a little.
So all of the apartments have been paying $750 each for the inconvenience? ie $750 x 6 units total? Or the other 6 are paying $800 and you are paying $750 for the one you can't use? The first situation isn't horribly, as you are all saving money, unless you are all ready to kill each other from the living conditions. The second, if true, is totally unacceptable. You should not be paying ANY rent for a unit you have no access to. Or, you said it was somewhat of a rough neighborhood, maybe $750 is your total rent for the building (I can't imagine this being the case, but in some areas, I guess it could be). If that is true, lucky you and quit complaining.
Does your university have a law school where you might ask this question? If not, your state will have the landlord tenant laws on it's AG's website most likely. As stated above, landlord-tenant laws vary by state so no one here is going to be able to give you accurate info. And also as stated, the reason for withholding rent are varied but pretty limited. Read the laws to get more info. Some cities/states have housing courts where you might be able to get some info too.
Contact your state/city Bar Association's Lawyer Referral Program to get a 1/2 hour free consultation.
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