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Old 07-08-2014, 02:11 PM
 
12,973 posts, read 15,802,978 times
Reputation: 5478

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Quote:
Originally Posted by Lovehound View Post
I can hire any property manager I want. I can hire my cousin. I can do it myself. The landlord is merely hiring an agent to act on their behalf.
Actually you cannot. A PM requires proper license. Even a relative is likely in violation if paid. I expect you can get away with immediate family but that is about it.

But the existence of a PM in no way changes the validity of a contract to which he is not a party. Nor does it implact the ability of the LL to sign a contract even if that contract violates the PM agreement. The PM can sue the LL not the tenant.

 
Old 07-08-2014, 02:16 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by Lovehound View Post
I can hire any property manager I want. I can hire my cousin. I can do it myself. The landlord is merely hiring an agent to act on their behalf.
Quote:
Originally Posted by lvoc View Post
Actually you cannot. A PM requires proper license. Even a relative is likely in violation if paid. I expect you can get away with immediate family but that is about it.
A tenant is legally obligated to deal with the party who signed the lease whether it be the property management company or the property owner. Nobody who is not party to the lease has any legal right to interfere in anything to do with it.
 
Old 07-08-2014, 06:50 PM
 
18 posts, read 28,725 times
Reputation: 10
The LL's husband isn't legally on anything, just her letter asking that the rent get sent to him and to go to him for any issues with the property. I do not just let him bully me, I would challenge him at ever turn, when he would text me to send him the rent on the 15th of the month I would remind him it wasn't due until the 1st, which of course made him even angrier. He got so nasty back in December that I emailed the LL and told her I will only deal with her because he was out of line. She must have been able to keep him on a leash for a few months because things were quiet but he started up again in the spring when I contacted them that I didn't have hot water, of course then it was radio silence, didn't hear from them at all so I emailed both of them a week later asking about a few issues and reminded them that I never heard from them about the hot water heater and that I had it fixed. He then went off on me via email and text insisting he texted me about how to get it fixed and that I ignored him and what a horrible ***** I am, no such text was received. Here he was totally in the wrong yet was somehow trying to blame me! I swear I think he does this stuff so that the tenants are afraid to contact him about anything, he wants us to shut our mouths, fix any problems and pay the rent..... EARLY! From what I have heard they own 6 rentals in my city and they have owned them for years and the realtor told me that no one has ever rented from them more than a year, no one renews the lease, which is something I am sure he prefers, I doubt anyone has seen a security deposit returned from him either.

When he texted me last week about using his landscaper, I knew if I didn't he would have had the house listed and a for rent sign on the lawn the next day so I humored him until I could talk to an attorney. I made sure I took pictures of the lawn that day and I can prove that I had a service. I just can't deal with him anymore, its beyond me challenging him, he needs to know he is out of line. I have a telephone consult with an attorney tomorrow, wish me luck. I wonder since he isn't legally the property manager I wonder if there are harassment charges that could be filed? He stated that if I don't use his landscaper I have to be out by the 31st and he will come down personally and oversee the move out. I do plan to move out and I don't really think it will be an issue since he wants me out anyway but I really don't want him here during my move, frankly I think he is a dangerous man and I am not even sure a lawyer will make him stop.
 
Old 07-08-2014, 07:12 PM
 
12,973 posts, read 15,802,978 times
Reputation: 5478
Understand you are in never never land. If you move the LL can come after you for part of the lease at least. So you need a termination of the lease from the LL not the husband.

I would love to tell you it can't happen but it can and may. All of a sudden the LL does not know her husband from Adam and wants to know where the rent is.

So be careful and make sure you have it in writing. And if he shows up on the property call the cops and have him removed. He has no right to be there.
 
Old 07-08-2014, 07:13 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by rentinginflorida View Post
I have a telephone consult with an attorney tomorrow, wish me luck.
Good move and good luck! Have all your paperwork neatly to hand and, as upset as you are, just stick to the facts.
 
Old 07-08-2014, 07:49 PM
 
18 posts, read 28,725 times
Reputation: 10
Quote:
Originally Posted by lvoc View Post
Understand you are in never never land. If you move the LL can come after you for part of the lease at least. So you need a termination of the lease from the LL not the husband.

I would love to tell you it can't happen but it can and may. All of a sudden the LL does not know her husband from Adam and wants to know where the rent is.

So be careful and make sure you have it in writing. And if he shows up on the property call the cops and have him removed. He has no right to be there.
I know fully well what can happen, that is why I am speaking to an attorney to see what my rights are and if they violated any landlord/tenant laws. LL gave him total control of the property in writing but he isn't a licensed property manager and he isn't on the deed to the property or on the lease. He acts like he is the lord of the manner, he says this is his house and I must do as he says, he also refers to himself as the landlord when he calls, he'll say, this is _____your landlord. I know I have more of legal right to this property then he does but again hopefully an attorney can straighten this out. I have every email and I saved the text messages and of course I have a copy of the old and new lease so I am all set paperwork wise. He says I pay the rent late but I have always paid on time, February's arrived on 2/5 but the NE had a snow storm and planes were grounded. He once called me on the 23rd of the month telling me he had all his rental checks but mine and if I could send it out immediately. He considers receiving the check on the 1st being late. I consider it as on time. Therefore I always getting a tracking number when I mail the rent checks so I know when it arrives so even if they deposited the check late I have at least the USPS tracking dates and times of the delivery.

Last edited by rentinginflorida; 07-08-2014 at 08:00 PM..
 
Old 07-08-2014, 10:59 PM
 
5,989 posts, read 6,781,844 times
Reputation: 18486
You like the place, your kids are happy, and the rent is low. So stay! You have a fully executed lease for another year. Ignore the husband. Let him text you to kingdom come, and save all the texts. You might need evidence in court some day. Never respond to him. Deal only with the LL. Send the rent where the lease says to send the rent. If something breaks, notify her by certified letter that it is broken. State that if she doesn't respond by such and such a date, you will get three estimates and make the necessary repair yourself and deduct it from the rent, sending along the receipt for the work with the remainder of the rent. Use whomever you want to mow the lawn. Plan that you will be in court to get your deposit back.

You've got a nice house locked up for another year at a low rent. Just ignore the crazy husband. If he shows up angry, call the police. Otherwise, don't waste any more brain space on him.
 
Old 07-09-2014, 11:23 AM
 
18 posts, read 28,725 times
Reputation: 10
Quote:
Originally Posted by parentologist View Post
You like the place, your kids are happy, and the rent is low. So stay! You have a fully executed lease for another year. Ignore the husband. Let him text you to kingdom come, and save all the texts. You might need evidence in court some day. Never respond to him. Deal only with the LL. Send the rent where the lease says to send the rent. If something breaks, notify her by certified letter that it is broken. State that if she doesn't respond by such and such a date, you will get three estimates and make the necessary repair yourself and deduct it from the rent, sending along the receipt for the work with the remainder of the rent. Use whomever you want to mow the lawn. Plan that you will be in court to get your deposit back.

You've got a nice house locked up for another year at a low rent. Just ignore the crazy husband. If he shows up angry, call the police. Otherwise, don't waste any more brain space on him.
Thanks for the advise, it took a lot for me to decide to stay because he has been so obnoxious and it has been stressful, but the low rent was a big incentive and the house for the most part is nice and suits our needs. Plus the hassle and expense of moving and the fact that I would have to pay at least $100-$200 for another rental in the same area that is comparable to this house was another huge incentive to stay. The new lease does list him as the property manager and to mail the rent checks to him and to go to him for any issues with the property. I am going to see what the lawyer says and then make the final decision. Maybe a letter from an attorney will help.
 
Old 07-09-2014, 11:50 AM
 
Location: Durm
7,104 posts, read 11,602,228 times
Reputation: 8050
Quote:
Originally Posted by rentinginflorida View Post
Thanks for the advise, it took a lot for me to decide to stay because he has been so obnoxious and it has been stressful, but the low rent was a big incentive and the house for the most part is nice and suits our needs. Plus the hassle and expense of moving and the fact that I would have to pay at least $100-$200 for another rental in the same area that is comparable to this house was another huge incentive to stay. The new lease does list him as the property manager and to mail the rent checks to him and to go to him for any issues with the property. I am going to see what the lawyer says and then make the final decision. Maybe a letter from an attorney will help.
OP I am going to be very frank with you.

I think this guy sounds extremely dangerous and abusive to both his wife and you. I do not feel it's a safe environment for you or your children. The one bright spot is that he is in NJ and you're not, the negative is that he has a key to your home and can be there at any time.

I understand that moving is a hassle, but given that you've been through a lot - and I'm not asking, it's none of my business - maybe ask yourself why you are accepting this treatment? This is one of the worst landlord stories I've ever heard and I have some doozies myself.

I would strongly, strongly urge you to leave. You need to discount anything the wife tells you basically - legally she is the landlord, but she rescinded her order of protection and he clearly manipulates her.

It's not a good situation and you can't win. You can find something else there. Please move.
 
Old 07-09-2014, 12:04 PM
 
Location: southwest TN
8,568 posts, read 18,110,026 times
Reputation: 16707
Call the Florida State Bar Association Lawyer Referral Service for a L-T lawyer. It will be a low-cost initial consultation.

If you wish to remain where you are and the lease is properly executed (show to lawyer), you can remain where you are until you and landlord agree to end the lease - IN WRITING. Nothing said in text or on the phone is appropriate notice.

If you want to end the new lease and move, ask for a cash buy-out. That means the landlord pays you to end the lease.

No matter what, discuss with the attorney getting a cease-desist/no contact order against the husband. There is absolutely no reason he should be harrassing you. Making demands for early rent is just one of his methods of harrassment.
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