Legal Question

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We have a situation where the roof at our apartment has been leaking and unaddressed since June until recently. Now that the ceiling is fixed our landlord is asking for back-pay rent that was understood as compensation for the problems by the old landlord (who was replaced)

There is more drama going on but anyway,

I was advised to seek legal help with the county for having "substandard living conditions" I am curious who I should contact if if there are organizations that help with this situation.

[Sojourner]

[url="http://www.tenant.net/Other_Areas/Minnesota/ppgmnllt.html"]Check out this site[/url]

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I was really hoping you would post.

Any advice?

[Sojourner]

[quote name='Revprodeji' post='1393767' date='Sep 26 2007, 07:28 PM']I was really hoping you would post.

Any advice?[/quote]
You should see if you can get a lawyer ... there's a link through the link I provided that will direct you to some resources. The area where you live in populous enough that you should have some resources available. I see lots of issues, but I am taking professional responsibility now so I know enough to know I am not able to give you real advice or help.

Read through the landlord/tenant handbook too, so you are familiar with your rights and responsibilities.

Did you by any chance get the agreement about no rent for a time in writing from your old landlord? Or is he/she available to back up your story on that?

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Rent Abatement might be our best situation.

The former landlord was a jerk. Very rude to my wife on multiple situations. That was part of the problem. We did not know he was replaced until today when we received a hand-written notice of money due.

I am writing a letter right now, I will put it here for you to view before I send it. Thanks Terra

[PapaHilarious]

[quote name='Revprodeji' post='1393775' date='Sep 26 2007, 06:50 PM']Rent Abatement might be our best situation.

The former landlord was a jerk. Very rude to my wife on multiple situations. That was part of the problem. We did not know he was replaced until today when we received a hand-written notice of money due.

I am writing a letter right now, I will put it here for you to view before I send it. Thanks Terra[/quote]

Sounds like an ugly situation. A lot of times it simply boils down to whether or not you're willing to follow through with all the hassle it would take to get it settled properly, like in small claims court for example (esp. when you can never be 100% sure you'll win).

We had a landlord at our previous apartment that was so negligent, she didn't even respond to a gas leak report for TWO WEEKS! Needless to say, we moved as soon as our lease was up.

Anyway, best of luck with this.

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Yea, right now it is a matter of 600$. Part of me thinks I can put the time into fighting it. Mostly I hope a letter will scare them. It is just strange that this situation has been going so long without offering compensation or any means to make it better.

My dad is rich, I am thinking about busting out the hit stick.

[Socrates]

I had a landlord who was a complete [mod]language - Lil Red[/mod], and I ended up taking him to small-claims court because after evicting me, he charged me bogus expenses to "teach me a lesson." I got most of the money back.
Landlords can't charge you for things which aren't covered in the lease in black-and-white.

[Sojourner]

[quote name='Revprodeji' post='1393803' date='Sep 26 2007, 08:39 PM']Yea, right now it is a matter of 600$. Part of me thinks I can put the time into fighting it. Mostly I hope a letter will scare them. It is just strange that this situation has been going so long without offering compensation or any means to make it better.

My dad is rich, I am thinking about busting out the hit stick.[/quote]
Sometimes justice it's worth going the extra mile for justice. *

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Terra, Tell me what you think. The formating is funny after copying it, but here is the letter.


[quote]My Wife and I have lived at Timberland Heights in Rochester, MN for seventeen months. For the first year we shared a three bedroom apartment with another couple. For the last five months we have been by ourselves in a two bedroom apartment down the hall from the original apartment. During that time we have had a fair share of grievances and the way in which those were handled by the management at Timberland Heights was less than professional and has led me to doubt the integrity of the staff.
While at the original three bedroom apartment we had difficulties with the tenant below us and the current manager was unwilling to deal with the problem for many weeks. There were numerous times that the cops were called to address the situation without the manager offering a solution or compensation. The tenant below us would hold power tools to the ceiling during the time of 1-5 am in order to wake us and distress our dog. During this time the tenant, after making threats, also destroyed my car tire by what appeared to be an electric sander. This situation continued for weeks as we were trying to go to school and the management did not offer compensation or a way to resolve the issue. To my understanding the tenant moved out.
When our lease was up we were dealing with a lady named Teresa about another apartment. At the time we felt that the previous situation might have just been an extreme one with the tenant below us and the particular managers inability to perform his tasks. We enjoyed Theresa, the location of the apartments and the fact that they allow dogs. My wife is a nursing student with two years left and I am working at the Mayo Clinic while I am working on my Masters in Theology. During this leasing time we found an apartment we liked and set a move-in date. Due to the time period of the move happening at the same time we had finals for school, Theresa made the arrangements for us to start the moving process earlier than the time in which we would be moving over there. Being that the apartment was not in use this arrangement made sense for both sides. During this time it was also noted that the repair men were working on a leak in the ceiling and we moved back the date to pick up keys by a week.1 A week later I received a call from a lady who informed me that Theresa no longer worked with Timberland Heights. The lady made it known that she did not respect or validate the arrangements previously made by Theresa. I felt very disrespected after this phone conversation and wrote an email back to that lady addressing the situations and what I felt were unprofessional decisions she was making.2
After arguing the issue, the management allowed us to move our items over to the apartment before we left the state for a vacation after graduation. We were not living in the new apartment and had items stored in the back two rooms. When we returned from our vacation we found that the apartment was a mess. In substandard living conditions and was unsanitary. At this time my wife took numerous pictures and we presented a letter of grievance to the Timberland Heights management. A list of grievances that we could continue to have unresolved for the weeks to come3.
The major concern with all of this was a large leak in the living room and the bedroom closet. Over the course of six weeks we addressed this situation in person, email and over the phone without any attempt to reconcile or compensate the situation. The maintenance man explained to us that the management, specifically Paul, was having companies bid for the project. During this time there were multiple situations where we would have buckets laid out to prevent the damage from the water.
During one storm the amount of rain and damage was so bad that my brother, a construction worker, came to build a funnel with tarps to direct the water and keep our items protected. This was an all night project. We have pictures of this event.
After this we informed Paul again of what had happened. He tried to claim he had no prior knowledge of what was happening. To which we addressed the fact that this was false and he has been informed numerous times. At that time we also let it be known in writing that we would be withholding rent due to the fact that our apartment was in substandard living conditions. Then someone was brought in to make the repairs. At this time that person informed my wife that there was a large amount of mold growing where the leak was in the ceiling. This is a health violation and further presents the apartment as a substandard living condition.
It is my belief that Paul understood the condition of the apartment was substandard and still had us move in there.
Over the course of the next few weeks Paul informed us that he would speak to you about the rent and possible compensation. During this time he told my wife he would address her in 3 days about the situation. This was over a month ago. Today, 9/26, we receive a note from the current management at Timberland heights addressed as a past-due notice of 580.00 due in five days. When we addressed this situation with the lady she seemed demeaning and belittling of our situation. Also, the amount in question is less than the amount we pay in rent a month. Calling into question the book-keeping. (During our first term with Timberland Heights we had a similar problem where they believed we owed them money, after reviewing the transactions it was found that they actually owed us money. This happened in the spring of 2007) This lady also addressed the fact that Paul no longer worked there, and ignored the statements my wife had made about the conversation she had with Paul. Once again, the management blew off responsibility. Bringing into question serious concerns about the integrity of this company.
After this situation I have consulted my father about the possibility and the resources to pursue this matter legally if management is unwilling to address the wrongdoings it has done and offer compensation. As customers at Timberland Heights is is extremely unprofessional the way this situation has been handled. I have been advised to speak with the county building inspection office about this claim and the substandard living conditions. Knowing this would reflect poorly on the apartment complex as a whole I desire to address this situation to you first Mrs. Zeadow. I have also made arrangements to speak with various organizations such as the

Alternative Dispute Resolution Services
Olmsted Community Action Program
The Rochester Apartment Association
Legal Assistance of Olmsted County
and various Olmsted County Department heads.

I believe that action needs to be taken in the form of compensation for the mistreatment and emotional distress caused by your management team. Under the legal proceedings for Rent Abatement a tenant only needs to prove4
1.The existence of a serious condition(s) affecting safety, health or the fitness of the dwelling as a place to live.
2.That the landlord was notified, or knew, or should have known, about the defective condition(s).
3.That the landlord failed to repair the defective condition(s), or repair it adequately, after having a reasonable time to do so.
I believe that with the photos, emails, call records and the numerous times we have tried to make your management team respond to this grievance that we have all the right to desire compensation from you. I have a busy schedule and do not need the added stress of fighting this issue. I wish to settle it directly with you, but if needed I have access to the resources available to fight the situation and address the charges of: extreme negligence, knowingly and willfully putting us and keeping us in substandard living conditions that were not only an inconvenient and a potential hazard for our personal items, but is also a health risk with the mold.
Being that my wife has already been brought to tears with the stress of this situation a handful of times I would appreciate if you addressed me directly with this. I have attached the previously cited email dialogs and I have in possession the pictures, which were given to the management numerous times, if you want to see these as well.
I enjoy the apartment complex, I enjoy the location and what it has to offer at this stage in our lives. My goal is to not make this a messy situation, but to resolve it fairly. I will no longer be ignored and walked on by the Timberland Heights management and I hope that I can deal with this situation with you and not bring this to legal arbitration.[/quote]

[Sojourner]

I would leave out the stuff about issues at your prior apartment complex. That muddies the issues.

And you need to do a bit of proofreading.

Otherwise it looks good.

[Thy Geekdom Come]

[quote name='Terra Firma' post='1393878' date='Sep 26 2007, 11:13 PM']I would leave out the stuff about issues at your prior apartment complex. That muddies the issues.

And you need to do a bit of proofreading.

Otherwise it looks good.[/quote]
You forgot the "This is not official legal advice" disclaimer.

[Sojourner]

[quote name='Raphael' post='1393894' date='Sep 26 2007, 10:28 PM']You forgot the "This is not official legal advice" disclaimer. [/quote]
lol

well I"m just giving him form advice.




*

[Thy Geekdom Come]

[quote name='Terra Firma' post='1393901' date='Sep 26 2007, 11:36 PM']lol

well I"m just giving him form advice.


*[/quote]
Why is there an asterisk after all your posts?

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Terra.

The "previous apartment" was still the same complex with the same managment. It was just down the hall.(d21 instead of d16)

Could you proof it for me. I am bad at the grammar

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I had my editor look at it. Thanks for all the help Terra.

[dUSt]

[quote name='Revprodeji' post='1393803' date='Sep 26 2007, 09:39 PM']My dad is rich, I am thinking about busting out the hit stick.[/quote]
Tell your dad to donate to phatmass. Go Vikings!

[Sojourner]

[quote name='dUSt' post='1394088' date='Sep 27 2007, 10:27 AM']Tell your dad to donate to phatmass. Go Vikings![/quote]



*

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Nice Dust.

Nice.

I sent the letter. In a pdf format attached to a general email addressing who and why.

[The Joey-O]

Wow. Just wow.

I can't comment on the situation, because I don't know enough about law.

With that said, here's what I'd do in your situation:

Step 1: Take a drill, in the middle of the night, hold the drill against the ceiling so it vibrates and makes a rapid thumping noise. Additionally, bang the vaccume against the ceiling.

Step 2: When the upstairs neighbors come downstairs at 5 in the morning to complain, hide knife behind your back and pick on the quiet one who's just visiting. Be sure to threaten them with identity theft, since you work for Microsoft.

Step 3: (Still working on it.)

Step 4: Profit!!!

This is the best advice I have.