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Old 09-06-2012, 07:33 PM
 
20 posts, read 100,918 times
Reputation: 29

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I've been very upset for the past few months due to a situation with my landlords (husband & wife) who seem to be coming up with new responsibilities for me. I have lived in this single-family home, without incident, for the past 2.5 years. After the first year, my lease defaulted to a month-to-month basis. My landlord kept saying she would send a new lease and didn't come through until now. I have always paid my rent in full and on time and gotten the grass mowed regularly at my expense.

A few months ago my landlord asked me if I had gotten the septic tank cleaned since I moved in. I had not. It was required that I do that within a certain amount of time. I begrudgingly paid $200 to have it done and it didn't even need it.

The question about the septic opened a dialogue with my landlord. I mentioned that the air conditioning filter was due to be changed. For the past 2 years they had been taking care of this -- coming out and doing it (although they only did it 2, maybe 3 times over a period of two years). The reason this is a big deal is because the air filter is located in the ROOF of the car port, meaning you have to go up on a ladder with a flash light and go into this weird attic to get to it. It was never discussed aside from "so and so will come out to change the filter" and that was it. But all the sudden it's my responsibility and I was supposed to have been changing it every 6 months which was "in the lease." Well, there was no mention whatsoever of any air filter in the lease. Anyway it was demanded that I do it. I am terrified of heights, so I had to hire someone to come and do this. I bought the best quality filter because the house does have a problem with damp. I was very aggravated to find that the one they put in over a year was very clean -- because they had put in literally a $1 cheap useless filter-in-name-only.

It was also required of me that I remove ivy that was growing on the house. This had never been discussed before either. Please note that my house is easily visible on a main street that one or both of my landlords traverse every day. All the sudden, after 2.5 years, the ivy was a problem. I had the ivy removed from the house. A little bit later I got a very abrupt text in which they said they would be there the next morning to "see if the screens had been damaged" by the ivy.

I didn't hear anything so assumed all was fine. I came home 10 days later to a random pile of branches lying in my front yard. For a couple days I was not sure what happened, but then my landlord emailed me saying she showed up (not on the day I was told she would) to check the screens and decided this tree was in the way. The screens were fine but it was noted to me that the ivy had started to grow back, and they are insisting that I remove it by the root. I was also ordered to have the tree, which supposedly was not there when I moved in (honestly I could not tell you but this house was FAR from meticulous when I moved in), removed. The worst part is, they run a tree and landscaping company.

The branches are still there almost 1 month later. Am I really supposed to clean up her mess? She probably sees them there every day when she drives by. To add insult to injury, I was sent a new lease (which I have not signed) which not only raised my rent but added additional stipulations such as I am to change the air filter every 3 months and provide a receipt as proof, I need to have 3 fire extinguishers in the house (not to be provided by them of course!) and they included an explicit statement that "IF WE NEED TO MAINTAIN THE PROPERTY WE WILL CHARGE YOU." God forbid you should have to maintain your own property..

I'm also aggravated because I have a $100 deductible for any repair or maintenance needed, meaning if something breaks in this house I am liable for paying the first $100 to get it fixed regardless of whether it was remotely my fault. Fortunately this has only come up one time so far (replacing a dehumidifier), but I find it a big disincentive to report any potential issues. Everything in this house was done in the cheapest way possible and there are a lot of problems, including an extremely damp basement which is not aided by the fact that the dryer does not vent outside (is this legit???), and wood floors that were not finished properly and retain every bit of dirt that ever touches them. I also moved in to a house with nasty, random gunk streaking down the walls, possibly moisture-related, in several rooms upstairs and downstairs. I did ask my landlord to paint my bedroom because of the drippy gunk and she painted all of the walls in the room except for that one because she "couldn't get the gunk off." Well, I couldn't get it off either, hence the painting and not just cleaning! She kept postponing the painting and eventually I could not wait to move in any more so I gave up on it and it never was completed.

I guess I would like advice on what to do about the tree and the ivy. I can't stand the thought of putting any more money into this house and I am not remotely handy. In the past two months I have spent about $400 on upkeep of their house, not including the grass mowing (another $90/month). I really feel like they are trying to find whatever they can to get me to spend money on their house and almost like they are trying to drive me out. Can they really demand that I have a tree removed from the yard and retroactively make up other demands? Please note there is nothing about trees or other foliage besides grass in my lease. Can they withhold money from my security deposit for this, or for the giant bald patch that is doubtless to be in the yard due to the landlord cutting down part of a tree and leaving it there?

I hope to be out of here within the next couple of months (looking to buy a house). I should never have brought up the air filter.
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Old 09-06-2012, 07:57 PM
 
Location: The Triad
34,088 posts, read 82,920,234 times
Reputation: 43660
Quote:
Originally Posted by hville_tenant View Post
I hope to be out of here within the next couple of months (looking to buy a house).
If you aren't already in contract with approved financing...
then don't let the "looking to buy a house" thing keep you from making a move out of that place now.
MAKE it happen
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Old 09-06-2012, 08:12 PM
 
Location: southwest TN
8,568 posts, read 18,100,599 times
Reputation: 16702
I'd move - temporary motel would be better than that dump. gunk on the walls painted over or just left?

Let them try to find someone else to rent with all their rules. $100 deductible for repairs on their appliances? oh lordy no.
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Old 09-07-2012, 05:05 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
Reputation: 26727
I'm baffled that you put up with all this nonsense for so long! It's the owner's responsibility to maintain the property but you seriously fell for a big scam by signing the lease in the first place and then let these people walk all over you by adding caveats to the lease which weren't agreed to. Anyway, if I were you I'd not only leave the branches there but would buy some fertilizer and dig it in around the roots of the damned ivy before you leave ... Get out of there as soon as possible.
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Old 09-07-2012, 06:03 AM
 
16,376 posts, read 22,473,858 times
Reputation: 14398
OP did NOT sign the new lease with the new rules. DONT SIGN THE NEW LEASE. Stay on month to month until you buy a home. If they bug you about the new lease, state you are buying a home and need to stay on month to month.

They cannot take security deposit for the tree removal or damage grass that was under the tree. They probably will. But you would need to dispute this to them. And then sue them in small claims court if they charge you for the tree.

Read your state rules about security deposit return in your state. OFten landlord has 15 or 30 days after move out to inspect and send offiical certified letter of the damage and associated deductions.

Now you should take photos of the tree limbs and grass under the tree. when you move out, take photos of interior...every room. even the appliances inside and outside. and the carpet and floors. and outside too.

when you research the security deposit rules for return, make sure you understand YOUR responsibility for dispute. Some states make you dispute in 15 days and via certified mail. Many folks lose just because they didnt know they have limited time.
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Old 09-07-2012, 06:37 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
Reputation: 26727
Quote:
Originally Posted by sware2cod View Post
OP did NOT sign the new lease with the new rules.
I realize that - but there were certainly enough outlandish stipulations in the original lease to gag a toad. Guess the landlords figure that since they got away with so much based on the original lease they can now up the ante and end up paying nothing for the upkeep of their property! Of course no way on earth should the OP sign the new lease.
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Old 09-07-2012, 08:04 AM
 
35 posts, read 336,156 times
Reputation: 44
Quote:
Originally Posted by STT Resident View Post
Of course no way on earth should the OP sign the new lease.
I will third that.
Get out of there ASAP!
If you haven't already started to document any of this, start writing it down with dates/times now.
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Old 09-07-2012, 09:16 AM
 
Location: southwest TN
8,568 posts, read 18,100,599 times
Reputation: 16702
Quote:
Originally Posted by sware2cod View Post
OP did NOT sign the new lease with the new rules. DONT SIGN THE NEW LEASE. Stay on month to month until you buy a home. If they bug you about the new lease, state you are buying a home and need to stay on month to month.

They cannot take security deposit for the tree removal or damage grass that was under the tree. They probably will. But you would need to dispute this to them. And then sue them in small claims court if they charge you for the tree.

Read your state rules about security deposit return in your state. OFten landlord has 15 or 30 days after move out to inspect and send offiical certified letter of the damage and associated deductions.

Now you should take photos of the tree limbs and grass under the tree. when you move out, take photos of interior...every room. even the appliances inside and outside. and the carpet and floors. and outside too.

when you research the security deposit rules for return, make sure you understand YOUR responsibility for dispute. Some states make you dispute in 15 days and via certified mail. Many folks lose just because they didnt know they have limited time.
^^^^ This a thousand times!!


Quote:
Originally Posted by STT Resident View Post
... there were certainly enough outlandish stipulations in the original lease to gag a toad....

Sign nothing. Stay in an extended stay if you can. And yeah, fertilize the ivy!
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Old 09-07-2012, 10:30 AM
 
20 posts, read 100,918 times
Reputation: 29
Thanks, everyone.. This has been very vindicating!
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Old 09-07-2012, 11:46 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
Reputation: 26727
Quote:
Originally Posted by hville_tenant View Post
Thanks, everyone.. This has been very vindicating!
Let us know how things work out.
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