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I don't know if we have any rights or can we get guidance on…

Customer Question
I don't know if...

I don't know if we have any rights or can we get guidance on this situation. We were paying a week in advance with this couple or tempory stay rental place. We wer extended another week and they ag reed long term rental payment weekly eventually monthly. We told them we were having issue with the heat and not having cold water. This is the 7 days and our checkout tomorrow but she verbally nd wrote that she wanted to extend our tay here and got mad that I wouldn't pay quickly. Do I have any rights ?

Lawyer's Assistant: Have you talked to a ND lawyer about this?

I live in mn not nd

Lawyer's Assistant: What steps have you taken so far?

Nothing

Submitted: 4 months ago.Category: Legal
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Answered in 27 minutes by:
3/19/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,558
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

So you moved into a place where you were paying weekly, correct?

.

Is this a hotel/motel or something like an apartment or house?

.

How long have you been renting the place?

.

Is the landlord threatening to lock you out?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Hello originally it was like a hotel stay, then I agreed to pay them in advance. Then i told them we are looking to stay longer than three months. She gave me different quotes,etc. It is through air nb, I have been renting two of there property since 03/11/18. We got the electrician to come out. His observation has bad thermostat, also flare signal is out of range and needs to be replaced. He also fix the hot water issue. They need to replace t-stat, replace flame sensor,, replace inducer motor and replace igniter and system out of warranty. We had to pay that out of pocket because they kept acting like they were going to get electrician. I know we were scammed. She tried to end our agreement early based on me lying about the heat not working properly. They are probably not suppose to be renting a place with out dated furnace. She kept insisting I make a payment but when I brought up the heat, she tried to end our residency. We agreed to stay here longer and we have all of our belonging here. I have 5 boys under seven. Is there anything I can do?
Customer reply replied 4 months ago
This is a house,
Customer reply replied 4 months ago
We will install the new washer early in the AM tomorrow, around 9am. You can stay at the Kipling property until 11am, my cleaner is coming around 11:15 to clean it for new guests checking in tomorrow afternoon.
Last Tuesday at 10:19 PM
Use caution when taking the conversation elsewhere. Learn why you should pay and communicate on Airbnb.
Hello Selena,
Sorry it late I am not expecting you to respond tonight. I was wondering if we can have a late checkout so I am able to use washer and dryer here, I don't have a problem with paying extra.
Thank You,Cassandra
Last Tuesday at 10:15 PM
Message from Cassandra
Message from Scott & Selena
Sorry about that, that's an automated message... The other place is all ready for you. Please note the washing machine is broken and we are replacing it this week... I'll send you a message when. I know day and time.
Last Tuesday at 5:26 PM
Message from Scott & Selena
Hi Cassandra,We hope you had a great stay! Just a reminder that check-out is at 11am tomorrow, unless you've arranged something different with us already. Let me know if you will have any trouble checking out by then. If you wouldn't mind just cleaning up any dirty dishes and taking out the trash, that would be awesome. Please lock up on your way out. Let me know if you have any questions.
Thanks!Selena
Last Tuesday at 5:01 PM
Message from Scott & Selena
It will be 80 per night all in for the week. I just adjusted the price. If you choose to extend for 2 weeks or a month. we can adjust the pricing down further.
Last Tuesday at 1:56 PM
Does this still apply for my reservation today, then the amount would change correct? Let me know how to proceed?
Hi Cassandra,
Are you interested in booking the other place for your extended stay? Just to be clear, the price I mentioned would include everything - no additional cleaning or service fees. Let me know if that works for you or if you have any other questions.
Thanks,
Selena
Last Tuesday at 1:28 PM
Message from Cassandra
Message from Scott & Selena
I just have it blocked because it is not yet cleaned - I will unblock now and clean it this afternoon per my earlier message.
Last Tuesday at 12:46 PM
Hello Selena,
I notice your other place is book for today, I know your check out is at 11 am. I know self check in is anytime after 3 pm. What do you recommend?
Last Tuesday at 12:45 PM
Message from Cassandra
Message from Scott & Selena
Yes, that would work. We had someone check out today so I just need to clean it before you go there. Once you book, let me know what time you'll be there and I will make sure it is cleaned by then. Thanks!
Last Tuesday at 12:45 PM
Hello Selena,
We have been sick the past couple days. I would like to set up it up for a week in advance to see how everyone feels. If there still space on your calendar we would do it for 14 days or 28 days paid in advance let me know if that works or not? I am ready to book the other place for one week starting today. I have football team and I plan ahead of time your check out is at 11 am, so we will go to the new place later this evening if that is okay once we pay?
Last Tuesday at 12:37 PM
Message from Cassandra
Message from Scott & Selena
Hi Cassandra,
Are you interested in booking the other place for your extended stay? Just to be clear, the price I mentioned would include everything - no additional cleaning or service fees. Let me know if that works for you or if you have any other questions.
Thanks,
Selena
Mar 11, 2018
Message from Scott & Selena
We would charge 75 per day for 14 days ($1050) and 70 per day for 30 days ($2100).
Mar 11, 2018
Hello Selena,
How much would you charge for 14 or 30 days paid in advance?
Mar 11, 2018
Message from Cassandra
Message from Scott & Selena
Hi Cassandra - we have someone else who has booked those days, that is why it is unavailable. We have another place nearby if you need a place during those dates as well. It is available and just around the corner, about 1 block away. https://www.airbnb.com/rooms/22712264
Let me know.
Thanks,
Selena
Mar 11, 2018
Good Morning,
I know your place is unavailable after 11 am on 3/14/18-3/17/18. I was wondering if you are flexible if we paid 4 or 6 days in advance
Mar 11, 2018
Message from Cassandra
Message from Scott & Selena
Hi Cassandra,We hope that you have settled in alright and that you are enjoying your stay. Please let me know if there is anything you need or if we can assist you in any way!All the best and enjoy your stay!Scott & Selena
Mar 11, 2018
Message from Scott & Selena
Hi Cassandra,
You will enter your unit using the front door. The code is 5605. When you enter the code, the door handle will unlock. A quick tip - if it is dark, hitting the "Schlage" button on the top will light up the keypad. When you leave the house, leave the locking mechanism on the door handle in the horizontal position and it will auto-lock behind you.
Thanks,
Selena
Mar 10, 2018
Message from Scott & Selena
Thanks Cassandra. Enjoy your st
Lawyer: Barrister, Attorney replied 4 months ago

Ok, at this point you would legally be considered a tenant with the same rights as any tenant... If you pay weekly, you are week to week and either side can terminate the tenancy with a 7 day notice. If you pay monthly, then it requires a month written notice..

.

But if you paid for repairs to the heat since the landlord wouldn't, then you can legally deduct that from the rent as no heat would make the property uninhabitable and put the landlord in breach of contract.

.

So if she wanted to terminate your tenancy, she can, but she has to give a proper written notice first. Then if you didn't move, she would have to file a formal eviction case in court to get a judgment and a writ that the sheriff would use to force you to leave.

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Did you see the verbal exchange above
Lawyer: Barrister, Attorney replied 4 months ago

Yes, that is actually a written exchange, but it doesn't affect what I said above.. If you don't move out, they will have to give you a written notice to vacate and then file an eviction lawsuit to force you to leave..

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Customer reply replied 4 months ago
Did you see the verbal exchange through email between myself and selena? Would that validate it or not
Lawyer: Barrister, Attorney replied 4 months ago

Validate what? As I said, you are legally a tenant now... If you paid by the week they have to give you a 7 day notice to leave and then file to evict in court.. If you pay every 2 weeks, it requires a 2 week notice..

.

People don't seem to realize that when they rent their place on Airbnb if the renter won't leave, then the owner has to evict them through the courts..

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Customer reply replied 4 months ago
I do have a couple questions. I originally paid 5 days in advance, they offer me go to there other place and I paid seven day in advance, Selena agreed I could pay a week, two weeks or amount in advance. She gave me prices outside of airbnb platform and cleaning fee you can confirm in our email exchange. Is there something I can file as we discuss earlier as landlord retaliation. The landlord told me they were going to discount my stay further as you can confirm above. Selena got frustrated I wouldn't pay right away sent me alter request basically mean book now. I brought up the heat and no hot water and told me I was lying it work properly I am not extending your week or future advance payment. On Sunday told me electrician was coming out, then 30 minutes later husband show up to confirm heat working. It is illegal for someone to tamper with furnace if it not electrician or not? She knew electrician wasn't coming. They did not know I was going to pay for one. He told me it critical furnace be replace. He got the heat and hot water working. Her husband without notice showed up without permission to gain entrance into this home to validate my statement. He was acting suspicious and I yelled to my husband Scott here he turn around left right away. He has violent background with domestic, disorderly conduct. They are running Minnesota air brb property management. The air brb told me guest term apply butter made deal without them and other fees. Can I file anything in court to protect my right temporary looking to relocate somewhere else eventually not able to pack 5 boys and just bought two weeksvworth of food?
Customer reply replied 4 months ago
20 March 2018 05:50
I do have a couple of questions. I originally paid 5 days in advance, they offer me go to there other place and I paid seven day in advance, Selena agreed I could pay a week, two weeks or amount in advance. She gave me prices outside of airbnb platform and cleaning fee you can confirm in our email exchange. Is there something I can file as we discuss earlier as landlord retaliation? The landlord told me they were going to discount my stay further as you can confirm above. Selena got frustrated I wouldn't pay right away sent me alter request confirming reservation they approved in the system for me. I brought up the heat and no hot water and told me I was lying it work properly I am not extending your week or future advance payment. On Sunday told me electrician was coming out, then 30 minutes later husband show up to confirm heat working. It is illegal for someone to tamper with furnace if it, not electrician or not? She knew electrician wasn't coming. They did not know I was going to pay for one. He told me it critical furnace be replaced. He got the heat and hot water working. Her husband without notice showed up without permission to gain entrance into this home to validate my statement. He was acting suspicious, and I yelled at my husband Scott here he turn around left right away. He has a violent background with domestic, disorderly conduct. They are running Minnesota air brb property management. The air brb told me guest term apply butter made deal without them and other fees. Can I file anything in court to protect my right temporary looking to relocate somewhere else. We have a lot of luggage and bought two weeks worth of grocery per approval we were going to continue to stay long term.
Customer reply replied 4 months ago
Hi Cassandra,Thank you for your response.Please be advised that before you make a payment for your reservation we always ask our guest if they agree with Airbnb Terms of Service as well as the house rules indicated by the host and based on the Terms of Service of Airbnb, you can only stay in a property as long as you have an active reservation and any extension is subject to your host approval. Please see this link for your reference https://www.airbnb.com/terms. It is also stated on the Terms of Service that you agreed that your host serves the right to ask the guest to move out the property if the reservation ends.With regard to your refund, once we have the receipt as a proof of your payment for the repairs you will be reimbursed by the said amount and your compensation will be computed based on Airbnb Guest refund policy indicated through our Terms of Service as well. Please forward the receipt of your payment for the repairs and I will have it coordinated with your host.I am looking forward to your prompt response.Best,
Lawyer: Barrister, Attorney replied 4 months ago

I am unable to assist further so will opt out and open the question to other experts..

.

.

thanks

Barrister

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