Difficult Landlord - What are the options?

Difficult Landlord - What are the options?

Specialist · Las Vegas, NV · Member since 2013 · 639 posts · 176 votes

Hey BP, here's a scenario that poses a number of issues and I'd like to get an opinion on how it might be dealt with. There are several issues arising here, so the problem will require some skill to resolve.

New Tenant moves into the property - one of a duplex. First issue is the very next day, the previous tenants call by complaining about how they were treated, particularly that they did not get their deposits back and the landlord was snooping through their stuff while they were at work.

Second issue is the landlord controls the AC and heat and despite numerous requests, refuses to turn on/up the heat when it gets cold. Temperature in the unit has gone as low as 40 degrees because of this. Tenant has become ill with a chest infection as a direct result. This is covered in the lease. Tenant pays 33% of utility bills.

Third issue is that having signed a lease, the Landlord has failed to provide the tenant with a copy despite several requests.

Finally, within a few weeks of moving in, the landlord has come on the property several times when the tenant was not there. Stuff was moved around and nobody else has a key. The Tenant confirmed this with the landlord at the signing and also stressed no entry to the premises unless someone was there to supervise.

The tenant has paid a sizable deposit and signed a lease. The question we have here is how would you deal with this if you found yourself in these circumstances?

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Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
12y

Even if he had put something into the lease that gives him the right to enter the premises, that wouldn't hold water in front of a judge. A contract that takes away 1 party's rights, that are given in state law, can not be legally enforced.

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  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    12y

    @David T.

    I would say someone shouldn't be a landlord, or, at the very least, should use a property manager.

    I can only speak for the jurisdictions in which we operate, but I suspect things are similar there. Here a lessee (tenant) has the right of quiet enjoyment of the premises they have leased. A landlord must provide due notice before coming into the premises in all cases save that of an emergency: eg. a weeks notice to affect repairs or inspection of the property; 24 hrs to show the property during the last rental period before the tenant vacates.

    If the tenant can establish proof the landlord is coming into the property unannounced and uninvited - perhaps a motion activated webcam - then they can make a case to the relevant authority - here it would be the Office of the Rentalsman. If nothing else, they should be able to break the lease w/o penalty since the landlord is in violation.

  • Investor · San Jose, CA · Member since 2012 · 2k+ posts · 3k+ votes
    12y

    If I were the tenant, I wouldn't complain. Instead, I'd hire an attorney to sue his behind. This kind of landlord makes other landlords look bad. What a creepy landlord.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    Time for a "nanny cam".

  • Specialist · Las Vegas, NV · Member since 2013 · 639 posts · 176 votes
    12y

    Thanks guys, cameras are already in. Litigation does not pay. The situation has to be dealt with professionally and efficiently. The question remains. What's the best way for the tenant extract himself and get his deposit back?

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    @David T.

    If you get proof, I would go to the landlord and show him, together with the law. Then give him the option to let you out of the lease easily, with return of deposit or you'll take legal steps. That can go through small claims court, so doesn't have to be expensive

  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    12y

    @David T.

    I agree that litigation only benefits the solicitors.

    If sufficient evidence is presented to the landlord along with a letter (perhaps from a solicitor) detailing the statutes that have been violated, it is quite probable the tenant will be released from the lease and all deposits refunded.

    Sometimes projecting you have the resolve to go to war is sufficient to create an opportunity for negotiated resolution.

  • Specialist · Las Vegas, NV · Member since 2013 · 639 posts · 176 votes
    12y

    @Michaela Graham, @Roy N.

    My understanding is that this did not work for the previous tenants. They even called the Cops and it fizzled. This is a Vegas situation, fyi.

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    Did they go to small claims court with proof and didn't get their deposit back?

    Or are you saying that they showed proof to the landlord and he didn't budge? Or did they not have proof and just accused him of bad conduct?

  • Investor · Philadelphia, PA · Member since 2013 · 4 posts · 0 votes
    12y

    Documentation is the key. Nanny cam is great idea. Video tape the temperature with date stamp if it's anything lower than 68 degrees (in philly anyway). When making requests, use written formats (email, certified letters,etc.). Since it violates the lease agreement, you have the right to move out with security deposit. Everyone thinks court is expensive but file a small claim in municipal court - you can represent yourself and since you have all the documents, even if landlord shows, you will win your security deposit back.

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y
    Originally posted by David T.:

    My understanding is that this did not work for the previous tenants. They even called the Cops and it all fizzled.

    I don't believe the cops can do anything. I think it's a civil matter and thus would have to be handled by the courts

    And if these tenants hadn't filed anything in court, they might do so now and you can be a witness with your own story. And in return, if you go to court, I bet they'd love to be witness for you and get even

  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    12y

    Then you may have a bully on your hands.

    If the correct evidence is collected, perhaps there is a state agency that may take action on the tenants behalf. Here the Rentalsman would investigate and, quite probably, fine the landlord in addition to breaking the lease and returning deposits (here deposits are suppose to be remitted to the rentalsman).

  • Specialist · Las Vegas, NV · Member since 2013 · 639 posts · 176 votes
    12y

    I understand they showed proof and he still denied any wrongdoing. Insisted he had permission to enter the premises. Also claimed damage to the property for his right to retain their deposit - this is with regard to the previous tenants.

    Current tenant just wants to cut his losses and get out. Will follow through on this and keep y'all posted on the outcome! Meantime, all suggestions and ideas are very welcome - thanks!

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    Even if he had put something into the lease that gives him the right to enter the premises, that wouldn't hold water in front of a judge. A contract that takes away 1 party's rights, that are given in state law, can not be legally enforced.

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    There are usually code violations if a landlord is not providing proper heat in winter, so likely there is a specific city department where they can file a complaint, and I would be telling them to do that each and every day they don't have proper heat until it is resolved. My daughter had terrible landlord issues, and while she had trouble resolving any repair and mold issues through code violation department (landlord would cover it up before inspection), when they had utility problems, it was resolved within 24 hours of contacting the proper agency. As far as landlord entry, if it were me, I'd find some sort of private motion alarm, one that has a programmable visitor code so they don't have to give the landlord the permanent code, and let him know he needs to contact them for an updated visitor code whenever he is coming in if they will not be home.

  • Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y

    If the tenants have proof go to the local news station they are always looking for a juicy story to run and also file a complaint with his insurance company.

    Joe Gore

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    The cops aren't going to get involved in a situation like this. Its useless to try to involve them. This is a civil matter. I know you say you don't want to take it to court, but that will be where this ends up. Plan on it.

    If this tenant really wants out, he should just move. Collect detailed evidence. Give notice. Expect that the landlord is going to keep the deposit. When he does, take him to court.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    @Account Closed

  • Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y
    Jon,

    The reason I said that if the landlord is doing something wrong, his insurance company should know about it just in case what the landlord did fall under his policy.

    Joe Gore
  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    12y

    First read the lease. Not everywhere requires a specific notice. Here in Co "reasonable" notice is all that is required. Perhaps the landlord "heard" running water and went in to check.

    Again read the lease. Read local landlord tenant law. The law usually has remedy for this situation. Follow the law. Some places allow you to escrow rent.

    If you don't mind risking your credit (ie judge against you for not honoring lease), then move out and sue for security deposit return after you document. Go through small claims court so no need for a lawyer. Hopefully the guy isn't smart enough to send you an accounting of the deposit (most areas this is a slam dunk win for tenant). Make sure you do all your part with this. Make sure they have a forwarding address. Be able to prove that he got it in a court of law.

    Finally read the lease again and the law again.

  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    12y

    Also forgot to add not everywhere has law about what is required for minimum heating. Warmer climates in the West are not as likely to have this.

  • High Point, NC · Member since 2012 · 7 posts · 1 vote
    12y

    Contact code enforcement department regarding the heat. I'm not sure if your state or locality uses IPMC as the model code, but if they do it requires 68 degrees. Check and see if there is a model code in your locality.

    Having a report from code enforcement will help with the paper trail in court.

    I also encourage you to read through the Uniform Residential Landlord and Tenant Act (URLTA) of 1972. URLTA has been adopted by ~20 states. There are provisions in URLTA relating to both access/entry and heat. (i.e. "A landlord shall give 2 days notice, except in emergencies and must enter at reasonable times")

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