i have 4 children the owner of the house i;ve been renting for a year now lost the house to for-closer.i have never been served with eviction papers and now i get a paper in the mail called entry of judgment i call the attorney’s office they tell me the sheriff will out to lock me and my baby’s out any minute now PLEASE HELP ASAP.i’ve been told about the motion to quash and have looked it up online but i can’t find a form for it.and the court doesn’t have one. i live in 29 palms and theirs not a law library near me.HELPPPPPP
Daily Archives: May 25, 2011
Landlord won’t make repairs. It’s been over a year what do I do?
My husband and I have been going through a rough time and it is affecting our marriage. Please help! I pay rent monthly. There are no late fees I just have to call the landlord before the 30th of the month and tell him what day I need to pay rent. Up until now this has not been a problem. However, the problem is that the landlord does not make repairs. It is up to me and my husband to sometimes pay hundreds of dollars to make the repairs to the plumbing and anything else that is needed. We cannot mail him notice to make repairs, as stipulated by law, because he and his wife refuse to give us their mailing address. We recently spent $300.00 on repairs and told him to come around the 24th of the month since we just had a new baby also and are struggling to pay bills and make repairs to keep our other kids safe. He came by this moring and was like we have to pay late fees. My husband informed him that he has not been making repairs and we have had to pay for them. The landlord said that did not matter he does not have to make repairs. My husband slammed the door in his face and told him to come on the 24th as requested. I called and his wife answered and refused to give me their mailing address. The law seems in favor of the landlord. Our plumbing was backed up for almost a month until we got the repairs made. Any advice on what we can do. Since hurricane Ike last year we were put back financially and cannot move right now. Plus I was lais off last year. This landlord is taking advantage but he is suppose to make repairs. The kitchen cabinet even fell down on one of my daughters last year. We told him about it and he said he would get it fixed but a year has passed. Please some advice. This is bad business practice. What can we do? I called an attorney who said for me to mail notice but I explained to him the landlord refuses to give an address. The attorney has not called me back. What can I do??
The landlord has been really trying my husband’s patience and stressing him and me out. Due to our financial situation we cannot move but he should not be able to do this to us. Then again all laws point in favor of the landlord not the tennant it seems. He told my husband he does not have to make repairs but we have to pay rent. What can we do?
We did not sign a lease. It was a verbal agreement. It states that no late fees will be assessed to call for the payment date and he will come out to collect rent on that date. He also stated that he will charge a late fee only if he comes out and we have not called him. I keep requesting his mailing address but he refuses. He also said he does not have to make repairs. I have all documents, quotes, receipts, and any other evidence needed. He is a slum lord.
Lease Question? Breaking Lease?
Now before I begin, I am well aware that when I moved in I signed a contract. Now to my situation. I moved to Boston a few months ago to continue my education. I live with one of my best friends, who is also studying at the same university. We have only been living here for about 4 months. We have a place in Somerville and rent is 1300 a month, no utilities included. We have a great landlord who happens to have a daughter who goes to the same university as us and he has been most helpful and friendly. My roommate just informed me that his mother is very sick and he has to return to Paris and theres a possibility he will not return. Now I cannot afford the rent by myself. Even with work and all. The Lease I signed is the RHA Standard Form Apartment Lease Fixed Term (2000/2001 Edition).
As for breaking the lease it says the following:
Lessee’s Covenants in Event of Termination Clause The Lessee covenants that in case of any termination of this lease, by reason of the default of the Lessee, then at the option of Lessor:
(A) the Lessee will forthwith pay to the Lessor as damages hereunder a sum equal to the amount by which the rent and other payments called for hereunder for the remainder of the term or any extension or renewal thereof exceed the fair rental value of said premises for the remainder of the term or any extension or renewal thereof; and
(B) the Lessee covenants that he will furthermore indemnify the Lessor from and against any loss and damage sustained by reason of any termination caused by the default of, or the breach by, the Lessee. Lessor’s damages hereunder shall include, but shall not be limited to any loss of rents; reasonable broker’s commissions for the re-letting of the leased premises; advertising costs; the reasonable cost incurred in cleaning and repainting the premises in order to relet the same; and moving and storage charges incurred by Lessor in moving Lessee’s belongings pursuant to eviction proceedings.
(C) At the option of the Lessor, however, Lessor’s cause of action under this article shall accrue when a new tenancy or lease term first commences subsequent to a termination under this lease, in which event Lessor’s damages shall be limited to any and all damages sustained by him prior to said new tenancy or lease date.
Now I understand that it is basically saying that if I break the lease I am responsible for all the rent of the months I have not payed or the time that it is vacant. Now my question is, if I find someone else to move in and take over the contract, does that mean I am not liable anymore? Contracts are contracts but it also says I take over repairs or additions and that I need to inform him of any thing and so far he didnt care what I did. He installed new locks for free, etc. I would love to stay here but I do not want to default and be evicted because I cannot pay rent. Any help or experience would be greatly appreciated!
So far thank you for the help! Some of the best I’ve seen in all the questions asked. I am obviously trying to do it the right way. I don’t want him or myself to suffer financially and I’d rather pay two months in rent when I am not living here to help him find a new tenant, than pay for the rest of year. I will do what I can to help him, when the time comes. Any more help is greatly appreciated!