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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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Please keep this private. I am renting a home from a private

Customer Question

Please keep this private. I am renting a home from a private landlord who moved out of state over one year ago. They have several rental properties one they bought prior to moving. The home we rent is not up to code, the landlords refuse to repair anything. When they do the bill for the repair comes to us along with their mail. My landlord had asked us to engage in fraud by attending a class as the landlord for their business license. They will not tell us what state they live in. Or provide us with an address they insist rent be paid for in a bank account. They according to public record are the owners of the home. However they established this home as a business. Then deactivated it. Leading me to a link where I discovered they have been using false names as the owners and occupants of each renal property including myself . The landlord is very agressive, and verbally abusive. I am at a loss about what to do. I have been saving and saving money to move. Having said that I have a lot of things to correct on my credit report that will take time. I have no idea how to handle this situation I am terrified
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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What would you like to have happen with regard to the tenancy?
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Are you concerned about the home having problems that may be code violations?
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Have you sent the owners a written list of problems and asked for repairs to be made when you send in your rent?
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How does the establishment of the house as a business affect your tenancy?
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thanks
Barrister
Customer: replied 1 year ago.
I have a family, and do not wish to leave until we buy. I am extremely concerned about the code violations, I called the department of housing and urban development and the health department I was told should they inspect the home they will notify the landlord. If that happens they will evict us. I have sent the owners written request via text when remt is paid. however they do not follow through or take months to. Examples part of the roof blew off in November, it wasn't fixed until may. The water heater was shut off as a result of a gas leak,and poor ventalization. It wasn't fixed for two weeks leaving us without hot water, we were urged to turn the water heater on Deapite the gas company telling us not to. I was told since I did not attend a class as the landlord they had to hire someone else and the repairs would wait. When it was fixed, the bill was sent to our address not the landlords. The business was deactivated on June 15th it was set up for tax purposes, for the landlord as they said when they notified us they obtained a drivers license for it. It does nothing to for our tenancy here our landlord list of themselves as the employee there is no property manager for this home. She
Customer: replied 1 year ago.
Has not hired one and claims to have. We have no rental agreement.
Expert:  Barrister replied 1 year ago.
Ok, thank you for that information...
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If there are severe issues that would violate code to such a point where the house would be condemned, then the landlord would have to put you up in a local hotel at his expense until repairs were made.
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He is breaching the warranty of habitability by not maintaining the property and providing a habitable property. So if you call Code Enforcement and they come out and cite the owner for violations and tell you that the house is uninhabitable, you can stay at a comparable hotel and hold the landlord responsible for the cost under a breach of contract claim.
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If the landlord was cited and then tried to evict you, that is illegal retaliation and would give you further grounds to sue the landlord for punitive damages to set an example and deter future similar behavior..
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So you have options to force the landlord to make repairs and provide you with a habitable dwelling as well as preventing him from evicting you..
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thanks
Barrister
Customer: replied 1 year ago.
Ok thank you for your time and responce.
Expert:  Barrister replied 1 year ago.
You are very welcome. Glad to help any time..
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thanks much
Barrrister

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