Blah blah, disclaimer, state-by-state, I know this does not constitute legal advice.
If my crappy apartment management company has done things like not fixing my AC when it is 90 degrees out (they sent someone over a few times who claimed that there was nothing wrong with it, then after like 3 weeks they finally said that the compressor was bad. Ordered a new one which took 4 days, then it was the wrong part so they had to reorder which took 2 more days) and on more than one occasion have come into our apartment with no notice or contact with us, do I have grounds to get out of my lease early? Or at least maybe negotiate pro-rated rent for the final month of our lease if we move out, say, on the 15th?
Or am I just SOL and stuck bitching to you all about what dicks they are?
Also, it's fitting that i just renewed my lease. Even if I'm dying to move to the other side of the city, funny how summer arrives (even with a mildly crappy day like today) and I fall in love again with my neighbourhood.
You remember this when I'm bitching how I'm in the wrong side of the Twin!
But the nice thing is we are just renting, so either of us CAN move.
I will just be glad to get out of this place, but it would be nice if I didn't have to pay a full month of higher rent (we have to stay 2 weeks past the end of our original lease because the other place won't be ready, but also these shitbags require 60 days of written notice which we did not give until last month because we weren't sure).
Have you complained directly to the property manager? I got $200 off a months rent because I didn't have a microwave for 2 months just by complaining to the right person.
Our property manager is absolutely useless. Useless. We have already talked to her about this stuff and she just blew it off basically, by saying that she would "look into that".
The thing that pisses me off the most is coming into our apartment without notice.
Like, today, obviously we did want our AC fixed ASAP, but I think they should have at least called one of us to say that they would be in our apartment to work on it. I would not have denied entry, but I just like to know when someone has been in our place and not find out when I get home and stuff is moved around and the door is locked differently (no note or anything).
Post by Jalapeñomel on Jun 4, 2013 19:31:44 GMT -5
We were told that things like a/c, washer/dryer, etc are not things that have to be fixed in the apartment, so it was at the landlords discretion when they wanted to fix it.
We were told that things like a/c, washer/dryer, etc are not things that have to be fixed in the apartment, so it was at the landlords discretion when they wanted to fix it.
Well that's a bunch of crap.
But there still remains the issue of them coming in without telling us.
We were told that things like a/c, washer/dryer, etc are not things that have to be fixed in the apartment, so it was at the landlords discretion when they wanted to fix it.
Well that's a bunch of crap.
But there still remains the issue of them coming in without telling us.
I don't know what the laws are there...what does your lease say about it?
I don't think so, I read the whole thing but it's possible that I saw it and forgot (it was a year ago, after all). I will look again. I reallllly thought it was 24 hours notice though. Isn't that the law in most places?
Post by Jalapeñomel on Jun 4, 2013 20:26:43 GMT -5
I found this:
3. Allowing access to the rental unit
A tenant must allow the landlord to have reasonable access to the rental unit in order to perform the landlord's duties. However, a landlord may not abuse this right of access, and the law has placed some restrictions on a landlord's right to enter the rental unit.
The law allows the landlord entry to inspect the unit, to make necessary and agreed upon repairs, to decorate, to make alterations or improvements, and to supply necessary or agreed upon services. The law also allows the landlord to enter the unit to show it to someone who plans to buy or rent the property. The landlord may also bring in contractors or workers when the landlord properly enters the rental unit.
In order for the landlord to enter the rental unit to do any of the work listed above, the landlord must give the tenant notice. Unless the landlord and the tenant agree to less notice, the landlord must give twenty-four hours written notice to the tenant in order to enter the rental unit. The notice must tell the tenant what time the landlord will be entering, how long the landlord will be inside, and why the landlord will be going in.
The landlord does not need to give the twenty-four hour notice if the entry is to perform repairs or services that have been requested by the tenant within the past seven days, or when the landlord is with a public official conducting an inspection or a utility company representative or cable TV installer.
The rental agreement may provide for other specified conditions that require the landlord to enter the tenant's rental unit. The rental agreement may not, however, take away the notice rights of the tenant. The law does recognize that the landlord and the tenant may, from time to time, agree to other arrangements. For example, a tenant may agree to let the landlord in on less than twenty-four hours notice, and the landlord may give the tenant options about the most convenient time to have the gas man look over the apartment.
While the law allows the landlord and the tenant to work entry problems out, there are some times when a landlord's right of entry isn't open for negotiation. The landlord has the right of entry without any notice in case of an emergency, or when the tenant has been gone from the rental unit for more than seven days without telling the landlord. If the tenant refuses to let the landlord in when the landlord is acting properly, the tenant's denial of access is a violation of the law. The landlord may terminate the tenancy, get a court order to enter the rental unit, and sue for damages.
If the tenant feels that the landlord is entering the apartment unreasonably, the tenant should seek legal advice. This is one area where a simple misunderstanding might lead to a very real dispute. If the landlord abuses the right of entry and is interfering with the tenant's right to peaceably occupy the rental unit, the tenant can also terminate the tenancy and go to court. The tenant can get an order keeping the landlord out and sue for damages.
dude. I live in Texas and even here, most landlords or property managers don't consider the A/C to be an emergency, even in August when it is 100+ degrees out. I had ONE landlord in 7 years of renting who fixed an A/C promptly, and that was only because she was awesome and personally considered a broken A/C to be an emergency, but it is not the norm.
Post by pedanticwench on Jun 4, 2013 20:31:05 GMT -5
In southeast Texas, A/C is definitely a necessity. I can't imagine our landlords not fixing it ASAP, especially in the summer. Four days?? Uh how about no.
I have all the books I could need, and what more could I need than books? I shall only engage in commerce if books are the coin. -- Catherynne M. Valente
Post by vanillacourage on Jun 4, 2013 20:31:13 GMT -5
I am a landlord.
Your state tenant law will supersede anything that is in an individual lease. In my state, a LL must give 24 hours' notice to enter in a non-emergent situation.
Also, in my state, there is language about a tenant being able to deduct repairs from rent in situations like you've described - notification of a problem, LL not fixing the problem, etc.
BUT - you're moving out in the next month, no? So really, you don't have the time, or the months to pay, that would give you relief in either of the two above scenarios. So, I would just stick it out (after giving a phone call to the leasing office that you're not happy about their entrance and that you know it violates state tenant law [if you research and it does violate tenant law in your state]).
Also, be sure to do a thorough walkthrough when you move out, and take lots of pictures, because they sound like dicks who will nickel-and-dime you for all they can out of your security deposit.
I have all the books I could need, and what more could I need than books? I shall only engage in commerce if books are the coin. -- Catherynne M. Valente
But the nice thing is we are just renting, so either of us CAN move.
I will just be glad to get out of this place, but it would be nice if I didn't have to pay a full month of higher rent (we have to stay 2 weeks past the end of our original lease because the other place won't be ready, but also these shitbags require 60 days of written notice which we did not give until last month because we weren't sure).
Check your state's tenant law. If state tenant law says 30 days' notice, then that's all you have to give.
But the nice thing is we are just renting, so either of us CAN move.
I will just be glad to get out of this place, but it would be nice if I didn't have to pay a full month of higher rent (we have to stay 2 weeks past the end of our original lease because the other place won't be ready, but also these shitbags require 60 days of written notice which we did not give until last month because we weren't sure).
Check your state's tenant law. If state tenant law says 30 days' notice, then that's all you have to give.
Post by pinkplasticdoll on Jun 4, 2013 20:36:14 GMT -5
Check the tenant law. In Texas I believe that a law was passed within the last few years that they have x amount of time to fix something like the a/c during the hot months or they could be fined blah blah blah. Do you rent from a corporation or does a individual own the property?
Check the tenant law. In Texas I believe that a law was passed within the last few years that they have x amount of time to fix something like the a/c during the hot months or they could be fined blah blah blah. Do you rent from a corporation or does a individual own the property?
Ugh, that is part of the problem. The property is actually bank owned and just managed by a huge corporation, so we are super low priority to them.
Post by pinkplasticdoll on Jun 4, 2013 20:42:12 GMT -5
you poor thing. I am so glad you are moving. I hope your new apartment has better maintenance then your current one.
A few summers ago our a/c went out on a weekend and I just submitted the work order online like I always did and they didnt get it until the next day and the woman in our office scolded me for not calling in and putting in the order with them since they consider it to be an emergency order. I wish you had that type of service.
My H works in this industry...the rule (or law?) around here it that if your thermostat is still reading under 80 degrees they do not have to come out if its after hours....also around here by law they can not work on HVACs after dark. As far as going in your apartment when your not there I know in our state they have a protocol for knocking to make sure they aren't just walking in on somebody but if you are not there they go ahead and fix it anyways and should leave a service order for you to sign.
I think the new place will be way better. The manager lives there, and he said the owners are very good about stuff like that. And he also seems to be very on top of things. The property looks perfectly groomed and maintained, so at least I know they care about actually doing things.
I think the new place will be way better. The manager lives there, and he said the owners are very good about stuff like that. And he also seems to be very on top of things. The property looks perfectly groomed and maintained, so at least I know they care about actually doing things.
Check your state's tenant law. If state tenant law says 30 days' notice, then that's all you have to give.
THIS is news I can use. Looking now!
Here is the clause:
The length of the notice required depends on how often the tenant pays rent. In a week-to-week tenancy the notice must be given 7 days in advance. A 30 day notice is required in a month-to-month tenancy. Remember, however, that the notice periods mean 7 or 30 days before the next rent payment is due, so if the landlord gives a notice on May 10 to a tenant who pays rent on the 1st of the month, the notice will not be effective until the end of the next full month (June 30). Notice given on the day rent is due often is not sufficient because a full 30 days will not pass before the first day of the next rental period. Notice should generally be given on the day before rent is due, except for February which would require notice by January 28 or 29.
For fixed term leases, for example, a lease running from September 1, 2005 to August 31, 2006, there is usually no notice requirement, because the lease simply ends on August 31, 2006. However, notice is still customarily given on such leases so that there will be no question about an automatic renewal. A provision for automatic renewal may be contained in the lease, and the tenant should check for such a clause.
This was a fixed term lease. I will see what I can do about fighting their stupid 60 day notice BS rule. I would love to not have to pay an extra month here.