Question:
Problem with my landlord?
anonymous
2010-03-25 08:51:13 UTC
I have a problem with my landlord. My husband, my kids and I moved in our rent house from last Dec 5th, My landlord live in NY and we live in PA. I have upstair loft where does not have wall on rail but my landlord told me she will set them up wall on loft so my kids or dog will not fall from upstair loft which I said not a problem now 3 months she never fixed them til first week in March she finally fixed them but still not finish it, she told me she will come back "Next week" before 3 weeks and she never came! 3 weeks been waiting for her to come or call. She haven't call for 3 week! I been tired of waiting for her so I decide to called her but she didn't pick up my called so I left her a message and then 2 days and half she still haven't call! Today I called her this morning again to leave her message, I told her that I been tired of waiting for her or haven't hear her for while because I do not want to wait til something happen to my kids to get hurt from upstair with no wall protect on loft. So then affter 2 mins I left her message she finally called me back! and saying that she was sick and act like she's fake coughing, had bad car accident, all bull*hit she talked sound like excuse, if she sick or whatever why she haven't call me to let me know than not calling me or 3 weeks! While she talking she sound fine but til I said well hope you feel better she was like yeah *fake coughing* and then she was saying she coming on March 30 - 31. Do I have alright to break the lease if she never finish to fix around house? My kids are 1 year old and the other one is almost 3 year old. I think she is lying about been sick and all, don't you think?


Please no rude comments. Thank you!
Four answers:
anonymous
2010-03-25 09:00:12 UTC
You will have to sue her for breach of contract to obtain the "right" to do so. Both you and the landlord have no legal rights to break the lease without a court order.



Since this is not a repair you will have to have it on your lease.



I would advise you not allow the children access.
Flusterated
2010-03-25 09:12:54 UTC
The problem is that you accepted the property without the wall or rail. Unless it was written into your lease that she would install the wall and/or a rail, you might have a problem - then again, you did have a verbal agreement which is legally binding. You need to stop playing phone tag with her and send her a certified letter stating that "I have attempted to reach you multiple times regarding the loft wall issue. You have not completed the installation of the wall as per our agreement, and it is a safety hazard for my two young children. This letter is to inform you that I expect the installation to be completed immediately, or we will have to seek another residence where our children's safety will not be at risk." and see where that gets you.
Maria Sweatfield
2010-03-25 08:57:11 UTC
Seriously, you have a safety issue here. The landlord should have fixed the loft before you ever moved in, not just for your kids and pets, but for you as well. You have a section of the rented property you can't use because this woman is stalling about fixing it.



I would suggest you report your landlord to the local better business bureau and find somewhere else to move when your lease runs out.
chatsplas
2010-03-25 09:21:40 UTC
Why no rude comments when you make so many about your LL??? Sauce for the goose is sauce for the gander.



As a parent, YOU have duty and obligation to protect your children and pets. You should not move into conditions unsafe for your family.

LL had no duty to put in wall and/or rail for their loft. But having agreed to do so, should complete the project. Although oral agreements can be binding, they are more difficult to prove and agreements regarding real estate should be in writing.

Put it in writing to LL, concise, business-like letter, not rambling like your post. Request that LL complete the promised repairs within two weeks and express your concern for safety of family.


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