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We rented a house that needed major repairs, (furance, two…

Customer Question
We rented a house that...
We rented a house that needed major repairs, (furance, two new floors, shower, all new plumbing, etc) the owner did not have the funds and stated that if we made the repairs it would be taken off the rent. We sunk over $4,000.00 in this house and she is now refusing to give credit. We have all the receipts of the materials that was put in the home. She hired an attorney and had her send a letter stating we had thirty days go vacate the home. What can I do?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 1 minute by:
3/7/2012
Lawyer: Loren, Lawyer replied 6 years ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,211
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Is there a written lease? If there is a written lease does it provide for the discount?
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Customer reply replied 6 years ago
There is no written lease. Everything was communicated orally, until she brought a letter by in January 2012 demanding $100 per week claiming we owed $4,300.00 I wrote her a letter, explaining all the repairs and our verbal agreement that all repairs would be taken off the rent. According to all of our receipts and the rent that has been paid by money order and cash there should be a balance of $3587.92
Lawyer: Loren, Lawyer replied 6 years ago
The landlord will have to file a forcible detainer action to have you evicted. Since there is no written lease you will need to prove that an oral agreement existed to do repairs and credit the rent. That may involve having the people present during the conversation testify. Your story makes sense. Otherwise, what tenant would put $4000 into capital improvements of a rental property.
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Customer reply replied 6 years ago
All plumbing was redone, two floors replaced, shower put in, three walls replaced, carpet in the living room, carpet in the kitchen, new faucets in kitchen and bathroom. New toilet, ring, plumbing lines to toilet, new furnace and wiring, new roof, new hot water heater, 3 new doors and storm doors. $4,265.92 is what we spent in materials on this home. Joyce has a copy of all the receipts of all the repairs that were made to the home. I also provided her with a ledger copy of what we paid to her (because she is low income) and all the remodel work done. What can I do as a tenant? Can I file a lawsuit against her? Another thing she is not the owner of the home! so what as a tenant can I do??
Lawyer: Loren, Lawyer replied 6 years ago
If she does not own the home she can not be your landlord. You can try suing her in small claims court. Again, you would need to prove the existence of an agreement.
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Category: Landlord-Tenant
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