My landlord is trying to give me the shaft. Should I sue or just take it as a loss?

My AC has been going in and out for about 4-5 months. It got so bad over the summer I had to live somewhere else cause it was too hot in my unit. The AC had a leak in the system and would only hold a charge for about a week. Then it went down to three days, finally it would only hold a charge for about one hour. So they finally replaced the lines, but in doing so the cut a big hole in my ceiling. Two weeks later and counting, the hole is still there and dust and insulation have blown all over my dining room.

Since I have lived there the sewage pipes outside backup and raw sewage flow up from my kitchen sink, all over my counters, then on to the floor. All four units on my row suffer from this problem. When mine over flows, theirs over flow. Raw sewage stinks and I’m pretty sure the bacteria are running rampant.

My lease ends November 30th. I told them at the beginning of October I have had enough and want to move out ASAP. They informed me I would be charged a penalty of over $500. So I argued with them about the problems in the unit and it being unlivable. The basically told me so what, pay the penalty and move. I had already paid October’s rent so I was already getting shafted on paying rent and moving out and but the lease agreement penalty is crazy.

I don’t want to take the risk of just leaving and them slapping that $500 charge plus court cost on my credit. So I’m thinking I am just gonna pay November’s rent, move out, and SUE THE HELL out of them for the unsanitary living conditions the past six months.

10/29/2007 11:24:00 AM

didn't read, but I will be disappointed if your landlord didn't do something sexual in nature to you, as this thread title implies.




After reading this, move out immediately and don't pay. Sue for damages.

[Edited on October 29, 2007 at 11:26 AM. Reason : .]

10/29/2007 11:25:02 AM

Oh and I made a video of all the damages and problems. I also took pictures.

10/29/2007 11:25:22 AM

Quote :

"didn't read, but I will be disappointed if your landlord didn't do something sexual in nature to you, as this thread title implies."

It was either thar or "Landlord FUCKING me over". And the landlady isnt hot. Think JLo plus 200lbs.

10/29/2007 11:27:08 AM

they're being dicks because they don't expect you to go to court with it. But as soon as they get the papers, they'll settle out because they'll know they can't win.

10/29/2007 11:27:29 AM

tell them you've contacted an attorney and that the conditions are not in code with a healthy living habitat.

and that you have plenty of documentation of these code violations and breach of contract....cause im sure you signed a standard leasing contract... right ?

[Edited on October 29, 2007 at 11:28 AM. Reason : x]

10/29/2007 11:27:36 AM

Where can I read up on such laws and codes.

10/29/2007 11:29:23 AM

yes I signed a leasing contract

10/29/2007 11:29:51 AM

call 5 on your side

10/29/2007 11:30:11 AM

GOOGLE

NC laws and shit.

[Edited on October 29, 2007 at 11:31 AM. Reason : x]

10/29/2007 11:30:35 AM

just google with it NC in the search window and that should find you plenty of links

good luck with this man. sounds very annoying and with the sewage problem .... thats just plain fucking nasty

10/29/2007 11:32:58 AM

and dude, move out of the god damn ghetto.

Uwoods is pretty cheap and a whole lot better than what you've described. Even lake park sounds better

[Edited on October 29, 2007 at 11:42 AM. Reason : x]

10/29/2007 11:37:21 AM

Are you still a student? I'm sure legal services could help draft you up something to send to them.

Some landlords have the attitude that you can just move out if you don't like the conditions, but they are a bit crazy if they think they can keep your deposit when they aren't maintaining a livable dwelling.

10/29/2007 11:45:31 AM

I just faxed them written notice of my leaving due to unresolved maintenance issues. I didnt pay a deposit, but I did pay a $150 move in fee, which states in the lease I wont get back.

10/29/2007 11:49:11 AM

Quote :

"and dude, move out of the god damn ghetto. "

Believe it or not it didnt use to be ghetto a few years ago. It just recently has gone down. Its off west market street behind harris teeter. And you know harris teeter dont settle in shitty locations. These apartments\town homes are located in Greensboro, NC not raleigh. Im not a student either I already graduated.

10/29/2007 12:00:28 PM

Sure is convenient that you're having all these problems now that you want to move out of Greensboro.

http://www.thewolfweb.com/message_topic.aspx?topic=497164

10/29/2007 12:18:58 PM

http://www.allbusiness.com/legal/contracts-agreements-real-estate/4094-1.html

10/29/2007 12:33:40 PM

Talk to student legal and they will help you with the paperwork. You won't have to pay a penalty. If you decide to push things, you have a good case for recovering damages.

10/29/2007 12:36:11 PM

SHIT, CAN YOU READ??

HE'S NOT A FUCKING STUDENT

10/29/2007 12:40:03 PM

Quote :

"Sure is convenient that you're having all these problems now that you want to move out of Greensboro."

No these problems have been going on for the months. The neighbors said the sewage problem started some years ago. I have pictures and work order requests to prove the dates.

And I am about to apply for an open position in winston salem.

10/29/2007 12:51:51 PM

Quote :

" Believe it or not it didnt use to be ghetto a few years ago. It just recently has gone down. Its off west market street behind harris teeter. And you know harris teeter dont settle in shitty locations. These apartments\town homes are located in Greensboro, NC not raleigh. Im not a student either I already graduated."

You live in Colonial? (Or whatever that place is called now...) Dude, that place has been going downhill for a while now. Teeter is still there b/c they've been in that area forever and pull business from a lot of the affluent surrounding areas, but the area immediately around the store is getting a little shady...

10/29/2007 2:28:05 PM

Quote :

"SHIT, CAN YOU READ?? HE'S NOT A FUCKING STUDENT"

Sorry, someone didn't update their profile.

10/29/2007 3:27:10 PM

dude they put a Teet in greensboro off of spring garden and market i think, somewhere over there, and its not exactly the hottest place in town.

10/29/2007 3:27:54 PM

Oh i know its not the hottest place in town. And i dont know where colonial is.

10/29/2007 3:29:44 PM

hopefully you notified them in writing of the problems before you moved out (not just orally notified)...otherwise you MIGHT have a problem. typically for any defenses to work for you will have had to 1. notify the landlord in writing of the problem and 2. give reasonable time to repair (reasonableness is debatable but obviously the more severe the problem the quicker it should have been repaired). IF you did that you should be ok. i'd look up:

constructive eviction (assertive defense for breaching a lease)

implied warranty of habitability (landlord must keep rental property in livable condition. NC housing code probably controls this somewhat. habitability is implied in all residential leases and CANNOT be waived...they might try to trick you, but it can't be waived in NC)

http://www.legalaidnc.org/client/Housing/Default.aspx#5

(legal aid is a good resource if you aren't looking to spend a lot of $)

10/29/2007 4:04:59 PM

you should have called the city for code violations.

they would have sent and inspector to check things out for a report.

you would have had more than enough evidence to either go to court or to move out.

do you normally pay people to treat you poorly?

10/29/2007 7:10:00 PM

http://www.ncdoj.com/DocumentStreamerClient?directory=CPTipAlert/&file=Landlord-tenant%20booklet.pdf

See Page 5+6

10/29/2007 7:31:07 PM

you've already stayed too long. why on earth would you keep living there if all that shit (literally) was happening and they didnt even have a deposit on you? MOVE THE FUCK OUT AND STOP PAYING THEM.

i swear to God, some of you people need to grow the fuck up, grow a pair of hairy testicles and quit acting like a whining bitch or you are going to get shat upon your entire lives. my brother does this shit. the real world doesnt care about you. would you go into a grocery store and buy a moldy piece of bread? you might say no but thats what you are doing.

10/29/2007 7:34:45 PM

send them a detailed letter with pictures of why you are moving out, keep a copy, make sure to include that if they take any action against you that you will fight it and that in the even they do you will file a complaint with the (whatever city your in) housing inspector asking that all of their rental properties be examined for code compliance.


They will not want to go this route because doing so would be about as comfortable to them as sitting on a roofing nail.

10/29/2007 10:39:59 PM

^^ </thread>

You can move out whenever the fuck you want without penalty if the problem is serious enough. Raw sewage for a long time counts. duh

[Edited on October 30, 2007 at 1:38 AM. Reason : 3]

10/30/2007 1:37:33 AM

I called the city and reported the sewage problems and also reported the litter around the dumpster was a serious problem. They are in the process of investigating.

The property manager's main office told me to pay november's rent and move out.

Im not in the townhome right now cause of the dust, insulation blowing out, and sewage problems. I will check on the unit sometime this week. Rent is due by the 5th. If I see one code violation I'm going to write the office a letter stating why I'm not going to pay my rent and then we can just battle it out in court.

10/30/2007 8:29:48 AM

it is against the law for you to 'live' there and not pay rent. you cannot occupy their property and not pay. you will lose that fight in court, no matter how many rats or turds you find sitting on your counter.

how much simpler can this be? LEAVE. and dont pay anymore.

10/30/2007 12:56:21 PM

Quote :

"it is against the law for you to 'live' there and not pay rent. you cannot occupy their property and not pay. you will lose that fight in court, no matter how many rats or turds you find sitting on your counter. how much simpler can this be? LEAVE. and dont pay anymore."

Hmmmm?? Its almost November. The earliest I can rent a truck and leave is gonna be sometime in november therefore according them to i am responsible for that months rent. Ur packing up and leaving and my packing up and leaving is the same thing.

10/30/2007 2:18:37 PM

I got offered a job Oct 3rd in VA(was in Texas) Gave my 30 days on the 9th, left the 15th(furnished apartment) went on 2 weeks annual leave, then started yesterday in VA....had to pay a good amount to get out of the lease but it was so worth it with this job.

10/30/2007 8:10:43 PM

Quote :

"Hmmmm?? Its almost November. The earliest I can rent a truck and leave is gonna be sometime in november therefore according them to i am responsible for that months rent. Ur packing up and leaving and my packing up and leaving is the same thing. "

when is your rent considered late? the 5th? you dont have to pay them before then. rent a truck today/tonight and pack that motherfucker up. leave. gone. if it takes you longer, so what? i wouldnt pay them another dollar but i would move out lickity split. they arent going to chase you for 3 days of rent especially if you have documented all the bad stuff.

you are the dumbass for staying there and letting them rain shit on your head. MOVE.

10/31/2007 7:16:20 AM

I just read the NC laws all the way through.

http://www.communityhousing.duke.edu/Legal/Landlord-tenant%20booklet.pdf

Page six about half way down, states that I must pay my rent reguardless of condition.

I can in return sue for "rent recoupement"

I basically have to put a dollar amount on all the broken items and code violations, multiply by the number of months and thats the amount i sue for.

Item Time
Air Conditioning Malfunctioning 7 months
Heating Malfunctioning 5 months
Hole In Ceiling 3 weeks
Weather stripping on front door 15 months
Dishwasher broken 2 months
Trash Compactor broken 15 months
Bathroom Exhaust Fan 15 months
Sewage problems 5 times
Garbage\litter around dumpster 5 times

10/31/2007 12:42:05 PM

there is nothing preventing you from inflating the costs of those items that are nonfunctioning.

make it something that is in your favor.

10/31/2007 12:51:18 PM

^^ I am not a lawyer or expert by any means, but of all the things you listed the only ones that matter are the sewage backup and the heat so long as the heat was not-functional. I'm fairly sure that the rest are not requirements for health and standards of living requirements and are therefore not grounds for breaking a lease unless those items were specifically spelled out in said lease.

10/31/2007 12:55:14 PM

Sewage, holes in cieling, AC, heat, weather stripping, no screen on windows, garbage piled up outside, are ALL HEATH CODE or BUILDING CODE violations according to the State of NC.

Sewage is enough to get the building condemmed

10/31/2007 1:47:24 PM

Quote :

"there is nothing preventing you from inflating the costs of those items that are nonfunctioning. make it something that is in your favor."

I could do that, but I have a feeling trying to cheat the system will cause be to lose or somehow blow up in my face. I sat down with a few people and we looked up provious cases and came up with an amount for each item.

grand total $3447.00

10/31/2007 1:49:22 PM

Check your lease about the AC/Dishwasher and possibly weatherstripping.

The others are definitely up to the landlord to maintain.

10/31/2007 1:49:38 PM

If the place is unlivable then your only recourse is to move out. They cannot fine you or withhold your deposit if you vacate the apartment and end the landlord-tenant relationship under a legal theory called "constructive eviction."

10/31/2007 3:25:09 PM

They called me and got real nasty with me over the phone. I came home today and everything is fixed, and everything works. The dumpster area is still nastly but not as bad as it has been.

I would just call it quits, pay my rent, and move out BUT!

They had the nerve to threaten to charge me for looking at my sink drain. And on my work order it says "sink drains okay, charge resident for wasting my time".

So Im going to file court papers this friday for rent recoupement.

10/31/2007 6:21:03 PM

yeah, I would note on your papers today that they fixed stuff today, but only after you made legal threats. If you don't then they'll just pull up the shit of "look, we fixed it, see?" At the very least, it might make you look honest and it'll prolly make them look even dirtier that it took legal threats for them to actually do something about RAW FUCKING SEWAGE. Also, I'd definitely include the bit about "charge resident for wasting my time." Statements like that reveal a LOT about the management culture there, and courts LOVE to slam companies when their culture and environment is clearly awful.

10/31/2007 6:29:07 PM

the only thing the landlord is responsible for is maintaining a fit and livable dwelling. I have six houses I manage right now. The only thing you can file for recoupement on would be heating in months of cold not working and unsanitary living conditions as a result of neglect on part of landlord. Unless the lease states that the landlord is responsible for maintaining the other items or states the house comes with those items you can not seek damages on them. Any questions?

10/31/2007 6:44:49 PM

Mark, if you click that link, it states what the landlord must maintain. Just about all those items are on there, even down to the weather stripping.

10/31/2007 6:58:19 PM

^^raw sewage backing up into living quarters is enough to justify condemnation of a house as unfit. How in the fuck can you claim that all he has to provide the person with is heat? You sound like a slumlord in training.

10/31/2007 7:05:22 PM

^ you seem to be someone with little reading comprehension skills. i clearly stated unsanitary living conditions as a result or neglect on landlords part. that would include not fixing a sewage leak. thus you sound like a moron.

^^you signed a contract that explains the rights. the lease will lay out the landlord's duties clearly as well as yours. I didn't read on that link anything about the landlord's duties to replace weatherstripping. that doesn't mean its not on there. i just didn't see it.

[Edited on October 31, 2007 at 8:06 PM. Reason : ]

[Edited on October 31, 2007 at 8:07 PM. Reason : ]

10/31/2007 8:03:14 PM

Quote :

"^^you signed a contract that modifies those rights."

Law > contracts

Just because you sign a contract doesn't mean what's in it is legal.

10/31/2007 8:10:11 PM

^ i changed it

10/31/2007 8:20:26 PM