My poor daughter and her apartment issues
By nanajanet
@nanajanet (4436)
United States
July 30, 2010 9:03pm CST
My daughter, and granddaughter moved to a new apartment. She was happy with the upgraded apartment and rates. She paid $50 extra per month for an upgraded apartment.
When she was ready to move in, they said that upgrades were not done yet but they said (6 months ago) that it would be complete in a month. She is still waiting.
On top of that, a leak from the apartment above her was putting a leak in her bathroom ceiling, over her tub. Black mold started to happen. She called, called, called, called. Nothing.
Then, one day, they were ripping out rugs from another apartment, that was apparently infested with fleas. They left them in the hallway, outside her apartment, for a few days and suddenly her apartment is now infested. Her cat was covered in them, to the point that he was bleeding from biting himself. It cost her a bundle at the vets and for bombs for the apartment.
Finally, they came into fix the leak, on a Friday, and said there was a part that was needed but they could not get until Monday. It would continue to leak, but only in her tub. Well, it leaked down the walls, into my granddaughter's closet and soaked her rug.
My daughter had to send her daughter to live with us, 45 minutes away, because of the mold and mildew and fleas.
How did they fix the wet rug? With fans? Not removing it and drying out properly, but fans!! The place stinks, it is a wreck and they expect her to live there?!! She left another apartment, that we thought was worse, and now we are thinking that it was better than this.There is more, this is just the biggest of issues.
She told them that she will take the money from the upgrade (the fifty per month) off of her rent. On top of that, for all of the stress and lost money for her (like losing a days pay to take care of the fleas), she wants two months free, and we agree. She should have a safe place to live.
She let them know that she WILL call the Health Department and Housing Authority (both who take this stuff seriously), if they do not right all of this. I will also make sure that she sends the information to all of the tv news stations, as they LOVE this sort of story.
3 people like this
14 responses
@pyewacket (43903)
• United States
31 Jul 10
OMG--what a nightmare! I agree with the first poster though about withholding rent though. I don't know if they have something similar where you are, but at my Dept. of Housing there is a form (RA-80) that one can download and fill out. The instructions are very specific in that FIRST she would have to write a letter to the landlord and send it certified...then she would have to have a copy of not only the letter but a photo-copy of the proof of sending the letter to the landlord and attach it to the form and send it to the Dept of Housing--the form is for a rent reduction
and good for her if she plans to contact the TV news stations, etc..you're right they love this kind of story...almost all news stations have some kind of consumer advocate that helps people
1 person likes this
@pyewacket (43903)
• United States
31 Jul 10
PS--if she takes it upon herself to not pay rent without this legal mumbo jumbo and that form, then the landlord can view it as her not paying rent and next thing you know she'll be threatened with eviction :-(
1 person likes this
@nanajanet (4436)
• United States
31 Jul 10
Thank you, both. I will share this information with my daughter and look for that form, Pye. I am sure my state has similar.
I have had to blackmail my landlords, in my business. I knew the law and what I could cause issues with court.
Why is it that so many people have to deal with dishonest landlords? I could not be like that!!!
@jakewarcat (12)
• United States
31 Jul 10
I ran into a similar situation a couple years ago. I've asked the manager to fix this and that in the apartment. Sure enough, the manager kept delaying repairs after such requests. I broke the lease and moved out. He threatened to sue in court, I said sure go ahead, I have pictures and everything, especially of how he was 'cooking his books' -
That part there, he didnt want to do anything, in fear I would show proof of how he was cheating people out of their rent and such indication of false repair reports to the United States Government under the USDA rural development. I was living on low income and did qualify for USDA-HUD rental assistance, etc at the time. Lived there for 5 years, got fed up and left.
This was my way of dealing with a slumlord without going to court. If anyone has definitive, concrete evidence that a landlord/manager is doing something 'crooked', can use this against him/her. It may sound like 'black mail' in a sense, but it preserved my dignity of having to suffer any consequences of a such broken lease.
I do not condone nor advise such action like this but this is what happened. Always thoroughly investigate the landlord/manager for anything that violates federal laws.
1 person likes this
@bhanusb (5709)
• India
31 Jul 10
Hi there nanajanet, I missed you for long time. I have no idea about the laws of your country. In our country first the tenant see the apartment. If he or she likes it then he or she comes to a deal with the owner. Rent and all other conditions are done in writing. After this the tenant can't blame. Because the person takes the possession of the apartment knowing everything.
@nanajanet (4436)
• United States
31 Jul 10
Thanks. Unfortunately, she was promised, that they would be done. I am not sure if it in her lease, but it does seem that the new management is trying to right things for her, but we will delay judgment on that until all is well.
I have been very busy these past few months and finally had time to get back onto MyLot, but thanks for missing me! Hugs!
@SomeCowgirl (32191)
• United States
31 Jul 10
You are painting a picture that makes me never want to live in an apartment. It is very wrong the way they are treating the situation, her and her daughter are exposed to black mold and then fleas, the fans I am sure only making it all worse.
I hope they settle, but I think she deserves six months free. Did they even finish the upgrades you were talking about?
@nanajanet (4436)
• United States
31 Jul 10
Well, today her tub is backing up and she has to keep emptying it into the toilet. They said they are coming over to fix it but they were in the middle of another repair.
Apparently, they are trying to fix what was not fixed by the last management (see above post). That is not her problem, though, that the last management screwed up.
She is so frustrated right now, she is going to spend the night with us to get a good night's sleep.
@cream97 (29087)
• United States
30 Sep 10
Hi. nanajanet. Your daughter has done the right thing. If I was her, I would not even consider staying in an apartment like this. It is not a place that she should be living at all. You both are right, her other apartment could have been better than what she is staying in right now. Knowing me, I would have moved out. A landlord two years ago rented an apartment to me. It was no nasty inside of this apartment. It had a leak underneath the kitchen sink. The rug in the front room was very dirty. And, the entry to the kitchen's back door was really wet. It smelled bad and it was rank with urine. There were roaches and all kinds of bugs. It also was a rat in this apartment too. It was just terrible! I had to clean up the apartment. The last tenants left a lot of their items behind. I had to clean it all up. It was miserable! I moved out of this apartment within two weeks. The landlord was calm about it, but I could tell she was pissed off too. Why get my rent money, if you just want me to live in nothing but filth? If you have to contact Hud and The Housing Authority, then do so. Your health is more important than renting an apartment.
@jaiho2009 (39141)
• Philippines
31 Jul 10
Your daughter should do the right things done right away.
She is paying extra for renovation which is not properly done.
The landlord is taking the money and yet not doing the renovation too quickly (only accepting fees without considering their tenants welfare)
This kind of landlords should be given lesson for not following guidelines and rules with leasing.
Hope your daughter could find a better place to live in.
Have a wonderful weekend
@nanajanet (4436)
• United States
31 Jul 10
Thank you. We are going to take more steps, if things are not fixed by Monday. She has the numbers for the Health Department and for the Housing Authority, which the management has noted that they do not want to involve. We will see if they fix things in time to avoid that.
@shiquitatw (442)
• Jamaica
31 Jul 10
I think that you should call both as well as Landlord Tenant if they have one in your area. They can help your daughter. Whatever you do, DO NOT withhold rent without going to the court. In many states in Country living conditions have nothing to do with payment of rent. Try this
File a complaint with the local housing, health, energy or fire inspector - if there is one - and ask that the unit be inspected.
Place the full rent in escrow with the court, and ask the court to order the landlord to make repairs.
Sue the landlord in district court under the Tenant's Remedies Law.
Sue in conciliation court or district court for rent abatement (this is the return of part of the rent, or, in extreme cases, all of the rent).
Use the landlord's failure to make necessary repairs as a defense to either the landlord's Unlawful Detainer (eviction) action based on nonpayment of rent, or the landlord's lawsuit for unpaid rent.
I wish your daughter the best of look, I know the feeling of slumlords.
@nanajanet (4436)
• United States
31 Jul 10
Thank you. I will give this information to my daughter. She did ask for permission to withhold rent, and was given permission to take off $350 for the lack of the upgrade, but is still waiting to hear about the rest.
She would have to take off from work to go to court, so we are hoping that this will not be the case.
Apparently, her issues started with the old management, who were all fired, and new management is trying to make things right. The new management JUST took over. We will see.
I appreciate your knowledgeable response.
@mimpi1911 (25464)
• India
1 Aug 10
Janet, So horrible! I think, she should take the landlord to the court even if it means hassle, time and no pay. Instead of doing things herself let the court do it and I am sure she would have her way. This is absolutely criminal! The poor little child's health is at risk. Going to the media is a good idea. I just wish things get fixed and sorted out and you all have a happy time soon.
@Hatley (163776)
• Garden Grove, California
31 Jul 10
hi nanajanet we had the same problem a number of years ago .We asked the manager to have the leak repaired in the apartment directly above us as it came down the wall of our bathroom and made fungus and big bubbles of water under the paint. the manager just ignored us so we went to public housing board and they sent around a plumber and sent the bill to the owner of the apartment complex. oh it was repaired but when we went to pay the rent thy gave us an eviction notice. talk about mean hearted apt.complex owners and their blasted managers.WE went to the Health Department and all they could do was force the owner to give us back the security deposit and one months rent. In a way that was good as we found an apartment in much better condition for less rent than before and we lived there for years until it changed owners and the new ones kicked out two thirds of the tenants so that they co uld renovate and up the rent to almost double.
Oh thats a great idea giving the story to the tv stations as that will spread the news of this poorly kept apartment complex.
@JenInTN (27514)
• United States
2 Aug 10
I agree that this is an outrage. How do they charge someone for an upgraded apartment while they live in that situation? No one should have to live under those circumstances. I'm glad she has you to make sure that she follows through and gets something done. These things can be so frustrating that it sometimes seems easier to walk away.
@Archie0 (5652)
•
31 Jul 10
Hello janet, i always thought apartment, electricity and water issues are limited to few, but there are many more outside my city suffering this same. I know how pathetic and disgusting it is to stay with such conditions, my story is also the same, but i now think your daughter got much more serious issues, i mean whats with the rug. That is too much, i get tape worms from my sink tap and it makes me puke at times because i wash my dishes and i don't expect them to enter my intestine at all, i have had complained many times but the 6 months is favorite month for rent owners. They just never do it, well i think your daughter should take serious actions towards this, because she is paying for the apartment and as i read she pays extra too, so she has full rights to get the things done or just as you said at last media is best source of publicity. I just hope she gets that done.
@andy77e (5156)
• United States
31 Jul 10
I would call an attorney. The problem with trying to use the government, is you may end up waiting years and years to even get a response. Especially right now when our fiscally irresponsible government, spent itself into oblivion, and is flat broke and trying to cut back on spending.
How sad really. I think I'd be looking for a lawsuit, to at least get your money back, and find another place to live.
@crysontherocks77 (1273)
• United States
31 Jul 10
I hope you've been taking pictures of everything and being very thorough about the process. Keep all your paperwork and all your pictures. Take doubles and tripples if you have to.
@sweetloveforeve (13120)
• Portugal
1 Aug 10
yes your daughter must do that bcs what they did is very bad. how would they feel if they had to live under those conditions? is like those people dont think. you know they should sleep there one night to see what your daughter is being through. also they should give her her money back and solve those issues. and while it happens they should give her a place to stay bcs all that happened was their responsability. sorry for it and i wish she is ok soon and have a sweet place to live in ^^
@lindaharding627 (1442)
• United States
31 Jul 10
She has the right to write a letter to the landlord stating the repairs to be done and deposit her right for the month with the clerk of courts. They will only release the money to the landlord after the repairs are done properly. The landlord has 30 days after he receives the letter to fix the issues or she has the right to break the lease at no charge to her and get her deposit monies back.
