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Old 11-01-2008, 05:51 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,884,909 times
Reputation: 2771

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The value is in the land, be damned with the house. that's probably what they are thinking. If you want to buy someday, and that's the place you want to buy, fix the problem and grit your teeth. I don't think your unreasonable at all. I'm also a LL and would love to have someone like you in any one of my fixer uppers. Haven't had that much luck at all. i have to fix everything...damn the luck!!!!!
I think the LL you have is thinking of selling some day to a developer who will tear down the house...who cars about it. Let the LL know that you want to buy it in the future and you will fix the basement and continue with the redo on your own. I would also try to get a right of first refusal on any sale. IN WRITING!!!!!
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Old 11-02-2008, 05:50 AM
 
Location: A little suburb of Houston
3,702 posts, read 18,212,654 times
Reputation: 2092
Quote:
Originally Posted by TristansMommy View Post
Their refusal was done over the phone.. but then again failure tohave the problem fixed I guess would be proof enough?

We are consulting with an attorney tommorrow and this is grounds to break our lease.

They are stupid people. They will never get anyone who would take care of it like we had. You really should see how nicely we started making all the rooms... they are idiots!!

Was your complaint in writing? Do you have a copy? Do you have the return receipt? The problem is that if you go to court, all they have to say is that they never received notice of a problem. Barring that, all they have to say is that they have not had a reasonable amount of time to resolve the problem and that they never refused to fix it. This is why everything should always be in writing. It eliminates the he said/she said factor as well as the vagaries of interpretation. What you say is not what folks necessarily hear or understand i.e. a moisture problem being you believe is serious as opposed to what they think serious means.
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Old 11-02-2008, 07:12 AM
 
Location: Pennsylvania, USA
5,224 posts, read 5,010,868 times
Reputation: 908
Quote:
Originally Posted by ShaneSA View Post
The value is in the land, be damned with the house. that's probably what they are thinking. If you want to buy someday, and that's the place you want to buy, fix the problem and grit your teeth. I don't think your unreasonable at all. I'm also a LL and would love to have someone like you in any one of my fixer uppers. Haven't had that much luck at all. i have to fix everything...damn the luck!!!!!
I think the LL you have is thinking of selling some day to a developer who will tear down the house...who cars about it. Let the LL know that you want to buy it in the future and you will fix the basement and continue with the redo on your own. I would also try to get a right of first refusal on any sale. IN WRITING!!!!!

We asked for that option in the lease (right to first refusal) but they didn't want to do that. I don't know if they didn't want that because they already have that agreement with the farmer they rent to.

We have decided not to do anymore improvements beyond what we already did in the home. First, if they sell from under us I'm afraid we would have lost a lot of money, not to mention have our hearts broken. The landlord sent us a letter in which he said he is going to install a sump pump, but a sump pump will not stop the leak only drain the water once it gets to a certain point. We sent him a response back.

We'll live out our two years and then see what happens from there. I think you're right, they don't really care about the house becasue the value is in the land. I also think that it is a headache for his children who take care of it in living trust for their elderly mother and that this land is her safety net and steady income for her (from the farmer, and the house when it's rented).

The first month we were here the water pump went and we called in aplubmer to fix it. The LL lives out of state and it was teh middle of the week. The plumber pulled his guys of a job to take care of our pump and rotted water pipe because it was an emergent situation (no water) . The landlord was not reachable till after 6pm, so we went ahead and did the work. It was $1300 of which we werer jut going to ask for 1 months rent for and we'll pay $500 out of pocket. The landlord was pissed we went ahead and did the work. He thinks because he replaced the pump 7 years ago with arefurbished one that it was still working.. it wasn't..it was fried.

They are cheap and want to put as little money in it as possible. Okay. I told him the only thing I expect from him ias a home that has working heat, plumbing, electric and is free of leaks.

These are the type of people that want to spend as little as possible, but then expect top dollar if htey go and sell it someday But if I buy this house it will be at a deep discount..as the foundation needs $30K in repair work to fix it right... (there is a cheaper quick fix that can be done for now)
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Old 11-02-2008, 10:18 AM
 
Location: Great State of Texas
86,052 posts, read 84,464,288 times
Reputation: 27720
Just make due..live out your lease and leave.
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Old 11-02-2008, 12:07 PM
 
Location: Spring Hope, NC
1,555 posts, read 2,519,873 times
Reputation: 2682
Get the Health Dept. involved.
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Old 11-02-2008, 02:56 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,254,467 times
Reputation: 4937
If it were me -

And the condition is as bad ad TM described

And I had a small child

And the potential for Mold and dampness was there

Then, I would move - NOW. If the problem is not going to be remedied - then, IMLO, it is a health hazard and I would not jeopardize my families health any longer than I have to.

I would put in writing, my demands, to the landlord, that the health hazard be immediately repaired (put in writing a date certain) and that if not corrected, you intend to terminate the lease, move, and take any and all legal action available to you, in law and equity, to recover damages you have suffered including emotional damages
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Old 11-02-2008, 03:10 PM
 
28,115 posts, read 63,659,938 times
Reputation: 23268
Quote:
Originally Posted by Greatday View Post
If it were me -

And the condition is as bad ad TM described

And I had a small child

And the potential for Mold and dampness was there

Then, I would move - NOW. If the problem is not going to be remedied - then, IMLO, it is a health hazard and I would not jeopardize my families health any longer than I have to.

I would put in writing, my demands, to the landlord, that the health hazard be immediately repaired (put in writing a date certain) and that if not corrected, you intend to terminate the lease, move, and take any and all legal action available to you, in law and equity, to recover damages you have suffered including emotional damages
Exactly... lease be darned. I would never put a lease above the Health of my family.

Just because you have a lease doesn't mean you have to stay there...

Either the place is so bad a judge will side with you should it come to that or the Landlord has the duty to mitigate damages... meaning he needs to re-rent it and not being able to re-rent could be prima facia evidence that the home is uninhabitable based on excessive moisture and submerged wiring...

Never put dollars above the Health of your children... please!
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Old 11-06-2008, 10:04 AM
 
Location: Pinal County, Arizona
25,100 posts, read 39,254,467 times
Reputation: 4937
TM - how about an update????
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