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Landlord harassment Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by mlc1214159, Feb 9, 2002.

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  1. mlc1214159

    mlc1214159 Law Topic Starter New Member

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    Ok we rented the house we are in starting 9-27-01 the landlord is very inexperienced and it is just her home she is renting out. We had her draw up a minimal lease for our protection. In december of 2001 she came by the house while i had been sick for over 2 weeks. The house was a little messy having 4 kids and not feeling up to cleaning every day. She gave us a 45 day notice to be out. I informed her of our legal rights and even gave her copies out of legal guides so she could read herself. Ok so she says ok thats fine you can stay. Then we receive a letter from her and i will just highlight a few things from it. Since we decided to stay she will inspect the property every tuesday at 1:00 and i better be sure to be there or she will use her legal rights to evict us. We are also crack addict slum luvin sanford and son Yaka of the flats tenants. Her husband told her that she was not to rent to people with children or pets but she did it as a favor to us ( I did not ask for a favor i rented a home from her i see it as strictly business i never had met this woman before) This letter goes on and is very rude throughout. So i Look up more of my legal rights ok she should be allowed 2 inspections per year as a just to look, unless an emergency. So we allow her in this past tuesday she sees that the house is very clean indeed but comments that the kitchen is still trashy ( i had not done the dishes yet that day, i should not have to cease living because of her) I also have several large electric appliances since i have a large family to feed and they do not fit in the cabinets. She says before she leaves that she will be back every tuesday from now on, we inform her that it violates our right to privacy, our right to live in peace, is also retaliation, and several other legal rights as ours and that she will be allowed one more inspection so make it count. Well as she walks out the door she says do not expect me to renew your lease in October you are out when the lease is up. I have looked up my legal rights i Know them fairly well, What can i do about this landlord that is harassing us like this? ANy suggestions is appreciated.:confused:
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I haven't seen the lease and I do not know all the facts and circumstances. From what I see in your note, you have some leverage in that you are in the house, evictions can take quite a while, and can be expensive for the landlord. Additionally, the landlady has already attempted to break your lease, which would likely set quite a tone should she ever decide to bring it to court, which would be ridiculous.

    What you may want to do is send a very polite, but informative letter to your landlady, certified return receipt. You should state that she has breached the terms of your lease in harrassing you with a 45 day notice to vacate when you had a one year lease. In retaliation for your not permitting her to early terminate your lease, she followed with unreasonable demands to inspect every week during the middle of the day, again in violation of your lease and intended to harrass. Send a copy of the 45 day notice. Additionally, you should send a copy of the letter, in which the false allegations and harrassing language make her intentions manifestly clear. If she continues to persist, you will have no choice but to look for a new residence and may withhold a significant portion of the rent as a result of the landlord's breach of the lease and your own rights to the quiet enjoyment of the property, in addition to suing her for damages.

    See where it goes. If she continues to harrass you, you may want to withhold a portion of the rent. It is always a dangerous game to play, but you may very well even recover damages against her should she ever decide to take it to court. It would seem doubtful that she would try the legal process if all you are stating is true.
     
  3. mlc1214159

    mlc1214159 Law Topic Starter New Member

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    Ok so we have informed her politely of our intent, she did not give us a written notice to vacate, it was verbal. Is there anything we should do other than keeping her terrible letters. Should we keep notes on conversations which i know she would lie if needed later, not to bad mouth but she is a felon on house arrest right now. I just want to cover all my basis here because i know she has discriminated on familial basis, along with everything else mentioned in the post before. The legal guides only cover so much. I had wanted to know if we should let her file which is highly unlikely or should we go ahead and get an attorney or what our options are here.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If she doesn't file she cannot evict you. Simply because she is a felon does not mean that she cannot file and evict you like anyone else. A discrimination suit will likely be much more complex and a separate matter. You may want to wait until you receive formal notice. Without a lease or other protection of law, you are likely a month to month tenant and your feelings of moral right to use the house will not help you. After all, a person should have the right to use his/her property in the manner that he/she wants to use it.
     
  5. bbyalex

    bbyalex New Member

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    hello

    Hello,

    I don't to much about the law. But my advice to you is to talk to a lawyer about all of this going on. If you have witnesses or paper work on all of this I suggest you take it to all to a lawyer and talk to the lawyer about it. My husband and I have had simialer problem it is on this site also if you would like to read it. If you can not afford a lawyer there is an 800 number for one called land of lincoln they go by your income. The number should be in the phone book. That is how I found the number was in the phone book.
     

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