Legal advice for tenants' rights??

[TorchRedCorvette]

Does anyone know a contract lawyer? Even if not, here's the story...

I started moving into my house at the end of July, with a non-written sub-lease type deal from the person already living in the house. Basically, I paid her $250 to let me start moving my things in early, take up space in the garage, and so on.

She moved out at the beginning of August, and I took over her former space (upstairs), and I found someone to live in the basement and rent it from me.
Shortly thereafter, we found mold in the basement, all over the paneling and the carpet. Obviously, this is a health hazard and my renter moved out, without ever having really moved in. The landlord agreed to do what he could (washed it down with bleach). He also agreed to take partial rent for that month, since the mold was from pre-existing water damage and was not caused by me, but caused my renter to leave, since half of the space was uninhabitable.
By this time I had a lease with the owner of the house, with total rent to be $1100 per month. I paid him $600 for August, as agreed to by him and his wife.

The mold damage turned out to be quite extensive, as his bleach solution turned out to be insufficient. I told him I would fix it, but that it would cost around $1500 for materials, which I would spread out over the term of the lease, and he agreed to my doing the repairs. I got lab tests which prove the existence of major amounts of mold before the repairs, and the presence of no mold after I had completed cleanup. My roommate and I are still working on the house; the renovations are half done. Per the verbal agreement, we paid him $900 for this month's rent... but now he is demanding the full amount. He wants to go back on the agreement we had, and is saying that he could have evicted me the first month, and that he wants us out by the 11th of this month based on the $900 he just got. I call BS, plus we don't have the cash to find another place and move right now. Not only that, we have poured time, work, and money into this house and I feel we have the right to stay.
Under a legal concept of "implied warranty of habitability", he has the responsibility to give us a safe place to live as long as we are fulfilling the terms of the contract. He broke contract by renting the house to us full of mold, and not fixing it- we keep finding more, such as the wall between the laundry room and the bathroom, which was unrelated to the main cleanup that was already done in the living room.

Here's what I'm thinking:
I will leave the $900 as-is, and continue to pay such over the term of the lease, while staying in the house. I thought about stopping the check, but then that might look worse legally than if I keep paying most of the rent and finish the repairs. He can either start eviction proceedings, during which I can prove that I am doing major repairs at cost to myself, under the "repair and deduct" rule, or he can accept it and continue on with $900 per month.

Anyone have any experience with something like this? I'm so frustrated and angry; we have been through so much with this house already...!!!

Thanks!

[TorchRedCorvette]

Ooops!! I just saw the new legal/legislative section. Mods, move this plz? Thanks! :)

[bornwildnfree]

I think for this instance you can go to the Housing Authority and tell them about what has happened. This falls under their jurisdiction.

[modette99]

Seeing as you have test done, that proves there is a problem. I would also get a few companies in for a FREE quote on fixing the problem and thus documenting what is there (don't mean you will use them...you just need more in writing that this is a problem then you sending off some test).

Also make sure your not paying in cash...this way everything with the rent is documented.

Sounds like the guy does not even have insurance....he should have contacted them they may or may not of repaired it (I've had good luck with insurance being easy going *shrug*)

If you have renters insurance...maybe contact them. They will not fix this...but at least it again is documented by someone else on paper that you will have saying YES there is a problem, but no its not our problem to fix.

Take lots of digital pictures, heck even video it just make sure your pictures make sense and are clear.

If there is a housing board you can contact, do it...show them the test. I would be prepared to move out if someone condemns the place (it might be hard on you but last laugh be with you also if he legally then can not rent it out at all).

[Nooch]

"I'll do the repairs upfront and you agree to take $200 less in rent per month."

This was basically the agreement? And this was a purely verbal agreement?

[Ninja2]

This isn't so much contract law as it is landlord/tenant (property) law. Mel, I sent you a name of a contact who might be able to assist, if you're interested.

In general, I recommend checking out Michie's for anything and everything: http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

See Colorado Revised Statutes (CRS) > Title 38 Property > Article 12 Tenants and Landlords > Part 5 Obligation to Maintain Residential Premises.

Good luck. I hope you will be able to work things out with your landlord.

[TinkerinWstuff]

even if you end up being "right" - the relationship sounds like it'll be filled with heartburn.

Might consider doing what you can to cover your ass but start looking for somewhere else.

I always correspond with my renter in writing, even if it's just email. If we have a conversation on the phone, it's followed up by an email that summarizes our discussion.

If you get an email dialog going with him, he may be dumb enough to acknowledge your verbal agreement. Verbal agreements often do carry the weight of law. Just harder to prove if the other party is a liar.

[modette99]

Yep so

"(k) Compliance with all applicable building, housing, and health codes, which, if violated, would constitute a condition that is dangerous or hazardous to a tenant's life, health, or safety."

Pretty much if he has it stated it is too hazardous to live....that needs to be furnished to the landlord in a letter certified to him/her and the OP needs to be looking to just move out.

Check with your county they might tell you what to do, maybe even come look and possible condemn the place do to mold till it is corrected. Obviously you need to be ready to vacate.

[TorchRedCorvette]

Rabea, I got your msg with the attorney info-- Thanks!!
However, after the landlord posted notices on our doors yesterday, to either pay the "back rent" of $700 (the forgiven/accepted lesser amount for August, plus $200 for this month that I knocked off as agreed for repairs), or be out by the 11th (tomorrow!)... my roomie and I have decided that we are going to take the approach that Tinkerin mentioned, namely:

"even if you end up being "right" - the relationship sounds like it'll be filled with heartburn.

Might consider doing what you can to cover your ass but start looking for somewhere else."

Exactly the conclusion we've come to-- Why spend attorney fees, and go through all the hassle, just to stay in this house, which is still partly torn apart and has more mold, plus deal with these jerks?

A friend who was helping us, who is experienced in construction, suggested that I file a lien against the property, which I think is a great idea. I'm also going to the housing authority (*wave* at Christi, lol), to inform them of what's going on. Even if this guy really tries to evict us, we can prove that the house was partially unusable. There is a clause in his own lease that allows for partial rent due to uninhabitability of a portion of the dwelling...

Oddly enough, my neighbor across the street says the owners have known for years that there was mold in this house. She even warned me that once we had it all cleaned up, the raging bitch wife would try to evict us so they could move back into the house.... turns out she was 100% right! I do think they took advantage and are now trying to find any excuse they can, to force us to pay or leave.
I honestly think that this was more of an extortion effort than anything... surprise! Backfire-- we're moving out, they can finish cleaning up their mold and doing the remodeling, pay their own mortgage, and deal with a lien against their property.

Long story short, we are going to move ASAP, while doing whatever we can to make sure he can't come after us for leaving the renovations partly done, or for back rent.

Ugh. This whole thing has been a nightmare. :banghead:

Thanks all for the support and advice!

[Ricky]

If you are in a written lease agreement of 1 year, the landlord is required to give a 3 month notice to the tenant to move out.

If there is no written agreement, or the agreement is month-to-month, the tenant it required to be given a 10 days notice for move out.

If the argument is over rent unpaid, and you are in a year lease, the COURT must remove you from said premises. The landlord can't do shit to you, except give you proper notice. No officer is going to remove you from a house without a court order, or proof that you followed the law.

Never, ever, ever, ever, ever, ever, ever, ever, agree with anyone on anything, especially a landlord, verbally. ALWAYS have it in writing, or record the phone conversation.

If you are in a lease, and there is mold, the landlord is not providing you with a suitable place to live, and therefore you can get out of the place without any issues. But that requires reading your agreement, word for word. What I suggest, is that you start coughing a lot, and go see a doctor. You are feeling, sick, trust me. Then start saving those medical bills, and use them as a defense against your landlord for not providing a proper place to live, with toxic, LIFE THREATENING, mold present. At the least, this type of stuff can get your landlord to back down and let go, and end the process.

The idea here is to part ways without anyone having any additional expenses. If he says he's going to sue you, then you threaten to sue him back. If he can see that you aren't messing around, then he'll back off.

Also, contact your local health department (county, city, etc) which I think in your case is tri-county health. Inform them of the situation (mold), and ask their advice on what to do.

[TurboGizzmo]

If you are in a written lease agreement of 1 year, the landlord is required to give a 3 month notice to the tenant to move out.

If there is no written agreement, or the agreement is month-to-month, the tenant it required to be given a 10 days notice for move out.

If the argument is over rent unpaid, and you are in a year lease, the COURT must remove you from said premises. The landlord can't do shit to you, except give you proper notice. No officer is going to remove you from a house without a court order, or proof that you followed the law.

Never, ever, ever, ever, ever, ever, ever, ever, agree with anyone on anything, especially a landlord, verbally. ALWAYS have it in writing, or record the phone conversation.

If you are in a lease, and there is mold, the landlord is not providing you with a suitable place to live, and therefore you can get out of the place without any issues. But that requires reading your agreement, word for word. What I suggest, is that you start coughing a lot, and go see a doctor. You are feeling, sick, trust me. Then start saving those medical bills, and use them as a defense against your landlord for not providing a proper place to live, with toxic, LIFE THREATENING, mold present. At the least, this type of stuff can get your landlord to back down and let go, and end the process.

The idea here is to part ways without anyone having any additional expenses. If he says he's going to sue you, then you threaten to sue him back. If he can see that you aren't messing around, then he'll back off.

Also, contact your local health department (county, city, etc) which I think in your case is tri-county health. Inform them of the situation (mold), and ask their advice on what to do.

+1

Tenants have all (most) the rights. Coming from having many roommates on leases they always think they are getting screwed by just having to sign a lease but really they are getting most of the rights.

Heck i had crap left by roommates and i had to do all the leg work of storing, sending written certified letters to last known address which was my house and wait 3 months before i could get rid of it and i STILL find stuff hiding around.

[modette99]

Not sure where you want to rent, but there was a posting at ADVRider on a $775 place...looks nice.

http://www.advrider.com/forums/showthread.php?t=731575

[PunyJuney]

http://www.cdc.gov/mold/faqs.htm
Add the center for disease control to your list of people to report the landlord to Mel. And get the fuck out of there.

[Rhino]

From the landlord side: Depending on the terms of the lease, they can issue a "pay or quit", posted on the door or certified mail, etc. That gives you 3 business days to comply. If you don't get current with payment's, the next step is to take it to the county and the sheriff will evict.

It sounds like it's a bad situation, bad place to be. If you leave, it sounds like you have a defense that they didn't fix the health risk, especially if they put it on you and then went back on the agreed discount.

Years ago, one of the investment companies I worked for didn't fix a foundation issue right. Water, mold, etc. They wouldn't fix it and wouldn't let the tenants out of the lease. The tenants went to the city and the owner's got dinged for not having the basement permitted, etc. Of course they went tits up in the credit crunch/market crash, but the .gov sided with the tenants.