Tenant Seeks Payment For Property Repairs

Deadbeat Landlord Could Face Stiff Penalties

Tenant Can Not Get Deposit Back

Can A Landlord Ever Terminate A Tenant's Right To Use And Possess The Rental Property?

Can A Tenant Ever Terminate Their Legal Obligations Of A Lease During Its Term?

What Happens To The Right Of Use And Possession At The End Of The Period Of Time Set Forth In The Lease?

Can A Tenant Refuse To Let An Agent Onto Property After Receiving 24 Hours Notice? The Lease Does Not Cover The Issue.

Tenant Seeks Payment For Property Repairs

Question: We have been renting a home for many years on a month-to-month basis. Over the past few years we have had situations where repairs were needed that were either a safety or health risk to our family. Some of the repairs were approved and completed by our landlord, while many other requests for repairs were ignored. The repairs that were ignored by the landlord were completed by us. The landlord has been told about all the repairs prior to us making them. We were never reimbursed for these repairs nor did we deduct the cost from any of these repairs from our rent payments. There are still even more repairs that need to be made. We have made the landlord aware of these repairs and they are being ignored as the others were. We don't feel we should continue to spend our own money to have these repairs made. Are we correct?

Answer: Your landlord should be making all necessary repairs. If your landlord refuses to repair a condition or defect (especially ones that affect health and safety) after reasonable notice of the problem, you have the option to repair it yourself and deduct the cost from next month's rent. The law limits this remedy to a repair bill that does not exceed a month's rent, and you cannot do this more than twice a year. Also, this remedy is not available to you if you caused the damage by use beyond ordinary wear and tear. Be sure of the significance of the defect and do not forget to give reasonable notice of it to the landlord before deducting the cost from the rent. If the landlord objects to the deduction, a tenant-landlord attorney (like our ever lovable co-columnist Ted Smith) may be filing an eviction case against you for non-payment of rent. In some cases, you may bring such a claim for repair bills you paid as long as four years ago, while other claims must be made much sooner. Therefore, it is better to make any such claims as soon as possible to avoid any statute of limitation restrictions. You are entitled to reimbursement for the repairs your landlord approved and probably also the ones not approved if they were truly necessary and you had given ample notice before doing them. If the landlord does not honor your claim, you may use the Small Claims Court to settle the matter.

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Deadbeat Landlord Could Face Stiff Penalties

Question: My landlord has presented me with a new lease at my upcoming renewal and it has a new clause dealing with abandonment. There is specific language that says I must notify the landlord in writing anytime I am absent from the unit in excess of seven days. The language specifically says if I fail to do so I am in breach of the entire lease. I travel very frequently on business and this is a major hassle. I am in my sixth year of leasing here and have never been late with a rent payment, even through an employment lapse. Any pearls of wisdom?

Answer: Landlords are on a "need to know" basis when it comes to sharing personal information. In this case, your landlord does not need to know your travel schedule. The landlord's separation anxiety felt when you are not home is not your problem. As long as you timely pay the rent and take care of the property as required by law, you should be able to leave and return anytime. I believe that lease provision is an unwarranted intrusion into your privacy and is probably not valid or enforceable. Besides, there are usually laws describing when a unit is legally abandoned. For example, for the unit to be legally deemed abandoned, many states require that the rent must first be unpaid for a certain minimum period of time (such as 14 days or more). You would then get a legal notice indicating that the landlord believes that you have abandoned the property. You would then have about two weeks to reply and let the landlord know you have not abandoned the unit. Since you pay your rent on time each month, it would be pretty tough for your landlord to prove you have abandoned the unit merely because of business traveling.

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Tenant Can Not Get Deposit Back

Question: I'm just starting my third year at university and have moved into a new house with some mates. The problem is my last landlord, whose house I left in June, is refusing to refund our deposits. His solicitors claim we damaged the drains, which just isn't true but they won't even enter into a discussion about the bond unless we provide them with copy-receipted utility bills. To add to our problems we had paper-free billing and the utility companies have not provided us with valid receipts.

Are the solicitors allowed to withhold our deposit unless we provide them with bills?

Answer: You're not alone in experiencing problems getting your deposit back. The problem is so bad Shelter has been campaigning for improvements to the current system. Your landlord should return the deposit to you at the end of the tenancy, after you have left the property. Even if you have paid a deposit to an accommodation agency or solicitor, the responsibility to return the deposit still lies with your landlord.

Your landlord can keep some or all of your deposit to pay for the following items:

• Any damage you have caused to the property or to any furniture provided (but not including normal wear and tear
• Missing items
• Cleaning (but not if needed due to normal wear and tear)
• Unpaid rent.

Normally repairs to drains would be the landlord's responsibility so this doesn't sound like a reason to withhold the deposit unless, and you haven't been specific about this, they are trying to say you damaged the drains.

You also mentioned the landlord's solicitor is withholding money to pay for utility bills. Your landlord cannot keep the deposit to cover fuel bills that you haven't paid, and they are normally unable to keep it to put towards reletting the property, for example advertising or agency fees. But this doesn't apply if you don't give your landlord proper notice to leave the property (see Shelter's website for more information on ending a tenancy). If this is the case your landlord may be able to keep some or all of your deposit to cover rent and reletting fees.

Ask your landlord's solicitor to state exactly what s/he is withholding your deposit for, and provide receipts and copies of estimates for any repair work. Your landlord can only keep some or all of your deposit if they have suffered a financial loss. They cannot withhold it for other reasons. If you don't agree with your landlord withholding your deposit, or with the amount they have withheld ask them for a detailed list of what amounts they are keeping back and why.

If you can't come to an agreement with your landlord, then you could take court action to recover your deposit. The case will be heard in the county court, often known as the small claims court. You can get the forms from your local county court or an advice centre like a Citizens Advice Bureau. You can also submit a claim online at the Court Service website.

In court, the judge will consider all the circumstances, and will decide whether your landlord should give you all or part of your deposit back. Take any evidence you have with you to court, such as letters and information about your bills.

Small claims court hearings are usually more informal than other types of hearings and you can represent yourself. The court fees are usually less than other court hearings too. However, if the judge decides your landlord doesn't need to give you all or part of your deposit back, then s/he might also say you have to pay some or all of your landlord's court costs. This can be expensive, so bear it in mind when you are deciding whether to take court action.

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Can A Landlord Ever Terminate A Tenant's Right To Use And Possess The Rental Property?

Yes, in many cases. The more common reasons why a landlord may terminate a tenant's right to use and possess residential rental property include:

(1) Failure of the tenant to pay rent when due

(2) "Waste" to the rental property caused by the tenant

(3) Possession of pets in violation of the rental agreement

(4) Occupancy of the rental property by persons not named on the lease or rental agreement

(5) Material disturbances of other tenants (such as extreme noise disturbances)

Before a landlord forces a tenant out of residential rental property, the landlord must provide written notice to the tenant and provide a reasonable amount of time for the tenant to cure the default. If the tenant does not cure the default within a reasonable amount of time, and does not voluntarily vacate the rental property, the landlord must then initiate a formal eviction proceeding. In a court of law, it is commonly referred to as an "unlawful detainer action." (An action in which the landlord alleges the tenant unlawfully continues to detain or have use and possession of the rental property). The law abhors "self-help" evictions, in which the landlord or the landlord's agents show up and physically take the tenant and the tenant's possessions out of the rental property, change the locks on the doors to the rental property, or shut off water/electricity in an effort to force the tenant to leave. Formal court orders are usually required to get a recalcitrant tenant out of residential rental property.

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Can A Tenant Ever Terminate Their Legal Obligations Of A Lease During Its Term?

Yes, there are three ways:

     (1) Termination due to the legal misconduct of the landlord;

     (2) Replacement in the premises by a new tenant, or

     (3) By agreement between the landlord and tenant.

If the landlord does not maintain the premises, this may constitute legal misconduct. Local laws may provide for lease termination if there are undisclosed code violations or there are problems accessing the premises by the tenant.

If another tenant has moved in and is paying the full amount of rent, the first tenant's obligation is ended. A landlord cannot legally collect rent from more than one tenant for the same premises.

The landlord and tenant can always end their lease obligations by mutual agreement.

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What Happens To The Right Of Use And Possession At The End Of The Period Of Time Set Forth In The Lease?

At the end of the period of time set forth in the lease, the landlord may choose to terminate the agreement and take possession of the rental property from the tenant. Typically, the rental agreement states that the landlord must provide written notice to the tenant thirty (30) days prior to the expiration of the lease term of the landlord's intention to take back possession of the rental property (and the tenant will have to move out at the end of the lease term).

However, the lease may have a provision under which the tenant is given an "option" to renew the lease for a specified amount of time. If the tenant is not in default at the time of the expiration of the lease term, the tenant may be able to send written notice to the landlord of his/her intention to exercise the option of renewal and continue to use and occupy the rental premises for the duration of the option period.

Many leases state that if the lease is not renewed as of the expiration of the lease term (such as a six month lease without an option to renew for an additional six months), that the lease term will automatically be set as a month-to-month lease.

Under a month-to-month lease, both the landlord and the tenant may give thirty (30) days notice to the other party of his/her intention to terminate the rental agreement. Typically this notice must be provided to the other party in writing. In the event that less than thirty (30) days notice is provided, the notice could be disregarded and the rental agreement continues. For example, if a tenant gives notice to the landlord on July 15, 1998 of his intention to vacate the rental property on August 1, 1998, this notice is defective and the landlord can continue to hold the tenant responsible for the payment of rent for the rental property for the month of August 1998.

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Can A Tenant Refuse To Let An Agent Onto Property After Receiving 24 Hours Notice? The Lease Does Not Cover The Issue.

During the pendancy of the lease, and for all intents and purposes, the home and the land it sits on "belongs" to your tenant, and you have no "right" to invade your tenant's "quiet enjoyment" of the property. The tenant may allow, or disallow, anyone he or she wants onto the land or in the home. You can tape a "request" to the door and ask the tenant, very nicely, to call you about the situation, but don't be surprised if he / she says "No."

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