Oh boy, the things wrong with this house...

[Tama]

As most of you know, I moved back in with Al. Things are good, sister is 50+ miles away. And pregnant again.

I live in Virginia. (This is important to the post mods, please don't edit it out)

The house I live in with him was made in the forties. Here is the list of things we've complained to the Landlady about:

1. Ancient toilet

This thing has had many parts replaced when they outright broke and really ought to be replaced itself.

2. Electric fuses

Forgive my lack of knowledge. But we've had many problems in the past with these fuses which are famously remembered by the handyman (really a nice guy who isn't a pro because Landlady can pay him less, but he does good work) as "Wow, I haven't seen THAT kind of box in a while!"

Whenever there is a problem she will only replace the problem fuses, not the whole box. And it really, REALLY needs it. One time the power went out for most of the house except the kitchen and a few plugs in one wall...and we found the power to be running higher than normal in these plugs.

Here's a list of things we haven't complained about:

1. Black mold. Enough said.

2. Spongy spots in ceiling. These are in a few spots only but tend to leak when it's raining. The bulges appear to be getting bigger.

3. Room length ceiling cracks.

Why they've (and I) haven't complained yet:

Landlady is a bitch. We have no exact leasing agreement but send her *$450/mo for this house. Al's family has done this for over 20 years.

We've been late or unable to pay a lot in the last three years. (Al has never been unable to pay since it was just us but if we send her a check before the first she'll claim it as back rent then go, where is this month's?)

She calls and harasses Al's mom if she gets a bug up her ass about something.

I guess what I'm wanting is advice. What can we do? What kind of legal options do we have?

[Seshat]

First: check your back rent.

If you don't have the last three years of bank statements, it's probably worth asking the bank for them: especially if you can specifically denote which withdrawals were rent payments.

If you can prove that you have 36 months of payments for the last 36 months of residence, she doesn't have a leg to stand on regarding back rent.

NOTE: check with a lawyer, or at least a rental rights website - a reputable one - relevent to your area. The only reason I picked 3 years is that you said 3 years of iffy rent payments. You may need to prove 5 years or 1 year or who-knows-what.


You're looking for a site similar to the Department of Consumer Affairs: Renting site; which is run by a department of my state's government. The info on this site is basically the laws, converted to plain english.


Second:

Since you now have a site to consult, you can probably determine which of the things wrong with the house are the landlord's responsibility to fix.

(Hint: where I am, if it's part of the house, it's theirs to fix. Basically, if you didn't move it in and aren't going to move it out when you leave, it's their job.)



Anyway, feel free to check out the site I linked to: it contains what's expected in Victoria, Australia. It's not what's expected where you are; but look for a similar site for your location.

[taxguykarl]

First: check your back rent.
NOTE: check with a lawyer, or at least a rental rights website

A lot of cities have a tenants' union, look into that. It may be time to start looking for a new place.

[Tama]

We're definitely doing that. Right now it's a trailer home near my family that we're looking at. Cheaper with free water.

It's impossible to check the back rent. There is no record, and we only have the money order stub from this month's rent. The Landlady doesn't give us receipts.

[Seshat]

That's why I suggested checking your bank records.

Also: get a small book just for recording rent. Write down your rent amount and date paid, and when you give her the cheque or money order or whatever, ask her to initial it.

If she won't, record that fact in the book. (In front of her, if you want to make a point.)


But back-tracking through your bank records, while annoying and fiddly work, may well get you proof that you at least withdrew surprisingly exact amounts for rent, in intervals oddly close to your rent payment periods.
It's not PROOF, but it weakens any argument she has that you haven't paid. If she tries to lawyer up, your lawyer may be able to have HER bank records checked for deposits that should match up with your rent.

[Tama]

This would be easy except she lives 200 miles away. Thanks for all the sources though, I'm looking into them.

[MoonCat]

Line up another place to live. Seriously.

Black mold could cause serious illness if it's Stachybotrys.

Ancient fuses, esp. ones running hotter than they should, could cause a fire.

Spongy spots on the ceiling? Long cracks in the ceiling? I'm guessing rain is getting in there and causing damage to the wood and/or other materials (drywall, plaster or whatever).

All these things are hazardous and if reported to the housing dept in your city, could possibly get the house declared unfit for human habitation.

[Tama]

I looked up some board posts elsewhere about house condemnation. Wow. It is going to be hard (i guess we are what you would call month to month) but I'm sure things will be fine. This house is a money pit.

A lot of people say that this house would be condemned if we left. Landlady would have to give it up. She barely wants to replace small things like a toilet part, let alone fix a cracked ceiling (I've noticed today that there are PERPENDICULAR cracks, if I remember the meaning right) or...yeah. You know people like this.

I think even before I came here they were scared of her suing them if they ever left, but if there's one thing I'm good at, it's getting people to realize what's going on and move them to action.

[wolfie]

Are you paying by money order or cheque? In one post you say "if we send her a cheque before the first", and in another you say "we only have the money order stub from this month's rent".

If you're paying by cheque, there's a memo line. On that line, write "rent for $month $year". In the event of a dispute, you should be able to get copies of canceled cheques from your bank, and if she claims that February 2015's rent wasn't paid, then what was the cheque (that she cashed) with "rent for Feburary 2015" on the memo line for? If you're paying by money order, there may be a memo line - if so, use it (with Canadian postal money orders, you can request that the post office check to see if it's been cashed, and if it has, they'll send a photocopy of the front and back, which would show the memo line - other issuers may do the same). At the very least, note on the sender's copy (I believe this is what you're calling the stub) the month and year that it was paying for.

[Tama]

I was in a hurry because I'd already written the post once, sorry. And thank you.

[Seshat]

Basically what wolfie said.

Receipts are good, but personal records are also good. If you use money orders or cheques, record the cheque (or money order) number. If you use electronic transactions, record the transaction number. Always record the date you sent the money order/cheque or initiated the electronic transaction; and record the month and year the payment was for; as well as that it was to Landlady.

If you have a nice list of personal records, it becomes easier in a court or arbitration hearing for your side to put the burden of proof on her. IE: she would have to prove that you DIDN'T pay, rather than you having to prove that you did.

[Sapphire Silk]

We're definitely doing that. Right now it's a trailer home near my family that we're looking at. Cheaper with free water.

It's impossible to check the back rent. There is no record, and we only have the money order stub from this month's rent. The Landlady doesn't give us receipts.

Your bank can provide records going back years. Get them, and high light every rent payment. It may not say rent on the statement but you know how much your rent is.

Then, if she tries to sue you for back rent (if she's a bitch she might) you can honestly tell a judge, "I paid the rent on this date." If there are extra payments, you could sue to get them back; a counter suit might make her back off. She has to sue you where you are in Virginia. She can't sue you in her state.

Move. Quickly. You are in an unhealthy place. When you get a new place, pay rent with a check every month and put rent on the memo line. That's what I did when I was a renter, and the one time a landlord tried to screw me on rent I quickly shut him down by citing the check number and date I'd paid.

If the new landlord says "I don't take checks" tell him he won't get his rent unless he gives you a receipt for cash OR a money order. Keep all cashed checks, receipts, and money order stubs. Document, document, document.