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Old 11-01-2013, 11:38 AM   #1
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I have recently signed a lease for a year on a small home.
Since taking possession there has been a small leak in the ceiling and a
large crack. The owner cut out a piece in the roof and fixed it.
Another crack has appeared about 3 ' from the original crack. Original crack is increasing in size.
Also, several small cracks in the ceiling, in other parts of the house,
have started to appear. You can now see that there has been extensive
polyfilling, sanding and painting throughout the house. The roof
looks quite ragged around all edges . There is certainly quite a bit of moss on it. ... I live in a small lake community . I am single, female. Should I be concerned? it is quite deserted here in the winter.
Owner will be gone to Mexico.
I have asked about the roof . I was told there is no problems .


Last edited by djarvis; 11-01-2013 at 11:46 AM.
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Old 11-01-2013, 11:44 AM   #2
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Quote:
Originally Posted by djarvis View Post
I have recently signed a lease for a year on a small home.
Since taking possession there has been a small leak in the ceiling and a
large crack. The owner cut out a piece in the roof and fixed it.
Another crack has appeared about 3 ' from the original crack. Original crack is increasing in size.
Also, several small cracks in the ceiling, in other parts of the house,
have started to appear. You can now see that there has been extensive
polyfilling, sanding and painting throughout the house. The roof
looks quite ragged around all edges . There is certainly quite a bit of moss on it. ... I live in a small lake community . I am single, female. Should I be concerned? it is quite deserted here in the winter.
Owner will be gone to Mexico.
Not acceptable at all.
The land lord needs to send out a qualified contractor to repair.

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Old 11-01-2013, 12:30 PM   #3
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Quote:
Originally Posted by djarvis View Post
Should I be concerned?
Yes.
Quote:
I have asked about the roof
Stop "asking".

It's time for pen, paper, envelope, stamp... and certified mail.
Make a xerox copy and mail that to yourself. Don't open it.

In writing... ask for a suitable remedy within a specified time frame.
Two weeks for non habitability issues is a reasonable time...
before contacting the County for Code Inspections.
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Old 11-02-2013, 07:08 AM   #4
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A lease is a two way contract. If he doesn't fix it, you don't send money. Tell him you'll use the rent money to hire a contractor.
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Old 11-02-2013, 09:29 AM   #5
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Quote:
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If he doesn't fix it, you don't send money Tell him you'll use the rent money to hire a contractor.
Really bad advice... only way to hold back rent is through Court order.
Without that the LL can 3day the tenant then evict.

Quote:
Originally Posted by LandLord
That (whatever) was like it is before you moved in.
If you don't like living here then feel free to go.
The key is communication...
backed up by knowing where the legal lines are drawn.
First verbally... then officially if needed.
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Old 11-02-2013, 09:32 AM   #6
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Really bad advice... only way to hold back rent is through Court order.
Without that the LL can 3day the tenant then evict.
I would take that deal and get out of the lease rather than endure a leaking ceiling. Here, it takes three months to evict, that's plenty of time to relocate.
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Old 11-02-2013, 09:49 AM   #7
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Quote:
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I would take that deal and get out of the lease rather than endure a leaking ceiling. Here, it takes three months to evict, that's plenty of time to relocate.
Amount of time it takes to evict someone varies across the country.

That is something most people don't want on their credit record. Or to have to put on their future lease applications.
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Old 11-02-2013, 10:02 AM   #8
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Amount of time it takes to evict someone varies across the country.

That is something most people don't want on their credit record. Or to have to put on their future lease applications.
Doesn't the landlord need a court judgment in his favor to report the loss?
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Old 11-02-2013, 10:05 AM   #9
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Doesn't the landlord need a court judgment in his favor to report the loss?
Very easy to get in areas where evictions take 30 days.

In areas whee evictions take long enough for the person to move before it the eviction order is granted. the credit report of owing the money doesn't help anyone's credit report.

All areas have a proper way for a tenant to with hold rent. And that way should be followed. Just with holding on ones own can lead to problems down the road.
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Old 11-02-2013, 10:31 AM   #10
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Those are good points, the OP should see if she has laws like this in her area:

http://accessevictions.com/landlord-...ir-and-deduct/

I would use that as a last ditch effort though, or at least the threat of it if he is stubborn.
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Old 11-02-2013, 11:09 AM   #11
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Evictions can take 90-120 days here. First you have to get a court date, that can take 90 days. Then the judge will give them 30 days to vacate. If they are section 8, it may take longer.
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Old 11-02-2013, 11:43 AM   #12
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You guys are sometimes so dramatic. She said he fixed the leak. Other than that, you don't know any specifics of the construction or problem. Maybe this is an old house with failing plaster. Maybe its a new house with foundation and settlement issues. Maybe the large crack is a bad tape joint caused by the previous leak. You don't know if its purely cosmetic or the house is ready to collapse. I know that if I was a tenant and went to court over a bad tape joint, things certainly wouldn't my way. As for the roof, you don't know anything about that either. It could be slate, asphalt, tile, rolled, flat, cedar, steel, or something else. Moss does not mean the roof is going to give out immediately. Get some more info before you jump on the lease breaking bandwagon.
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Old 11-02-2013, 02:23 PM   #13
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Sounds to me like the OP said the landlord fixed the symptoms, but not the problem.
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Old 11-04-2013, 09:33 AM   #14
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I forgot to mention that there is a wall under the windows in
that is bowing out... after being told I was over reacting several times .They came this weekend and pulled off the panelling .
The repair man told me the inside the panelling was covered in black mold.I didn't see it because it disappeared immediately.I did see a fair amount of black mould on the wood inside the wall. He told me there were 2 sizable cracks in the chimney. The window is not fitted properly. He did his best to seal, caulk, insulate. Should I accept this? if the water was
coming down the wall , could it not have gotten under the floor as well?
This house was closed up for a year before I rented it. The first week I was in the place I became really sick.so sick I could not work. I thought
I had the flu... maybe not? Please don't think this place looks like a junk heap, it does not , it was freshly painted , tidy and neat etc.
I pay $1100 / mon with utilities probably $1300 with utilities in winter.
Am I over reacting ? should I move out immediately? will this fix work?
I have paid my rent in full as usual. I would really appreciate any good advice , on how to proceed . Am I safe? Took pictures with cell phone
but don't know how to download yet .. Thanks in advance. Dana
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Old 11-04-2013, 09:53 AM   #15
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The consensus is don't act hastily. However, black mold is no small matter. I don't know what you mean by it disappearing but there are ways to treat it. You are really asking for legal advice and we don't even know what state you are in. You should seek out some legal council if you are really worried about this.

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