Landlord not fufilling duties, and now we're getting kicked out? Help??

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johplanesi

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I have no idea what to do, so any advice would be awesome.
My fiancee and I have lived in our house for just under two years now. We've always paid our rent, sometimes late, but we always paid any late fees our landlord asked and have most of the recipts. She already tried to screw us over for the cash we paid once, and we got that cleared up.
When things break around here, she says she cant afford to fix them, so we've had to- on top of paying rent. For instance, she wanted us to keep the pool filled even though she couldn't replace the filter. So, new filter. The air conditioning broke. So we fixed it several times. The carpeting was ruined when we moved in, and we recieved permission to replace it when we first moved in. So, we are in the process of putting down wood flooring.
Well, last month she came over while my fiancee was replacing the hot water heater (which she couldn't afford to fix as usual), and had the water off. There is a house behind us that she is remodeling, and she needed the water on. Long story short, she shoved past my fiancee to get into the house, and flipped out about the carpet being replaced and said she never gave us permission.
We handn't shown her recipts for the new flooring or install because we're only half done. Anyone knows, half-done looks crappy.
After yelling at us that we he had 30 days to get out (despite paying the rent already), she called the police for the water being off. The officer came, my fiancee told him what had been happening, and the water had been turned on by then. The officer then told her to stay away from us and our house, because when we're leasing it, it's ours.
This morning, she came over and asked my fiancee why the water wasnt working. He told her it was on here, so it should be on at the other house. When he went to check everything out for her, she snapped a picture of him and said "You know you're not supposed to be messing around in there."
Now, the water company is here, and it's looking like the problem is at the other house- not ours.
Last month, we paid her almost $1,000 to stay here, as well as made our roomates get rid of their trailer that had been here for over a year. Now, it's the flooring, and she's faking pictures.
What can we do about this? We didnt get anything in writing, so I know that's not gunna help us. And we aren't taking fake pictures.
I have a sample of the previous carpeting, tons of recipts, and even more witnesses. I have proof that this house is unsafe to live in, (I can see through the floor to the ground below where the house should be connected), and we've been fixing it. The previous tenant can vouch for us in all of these things. I just need to know where to start.
I'm not trying to avoid eviction, I already have somewhere else to go. I just want my money back. I could easily hit her for over $10,000 in repairs, on top of a $725 a month rent and almost $400 a month in electricity, topped by $100 in gas. We're about to have a baby, so why did we have to afford it and not her?
I've done my research- one fire alarm in a three bedroom house is slum lord. The electircal outlets bursting into fire is slum lord. The water not working right, air conditioning breaking, and carpet so dirty you dont even want your shoes on it is slum lord. We've kept up with the gardening, and even paid for the removal of dead trees. We reapinted the entire house when the previous tenant's son had ruined them before us. We replaced the laundry room floor when it fell out. We replaced the water spicket when it shot out of the wall out back.
Every time, she has some excuse.
My fiancee has scars from where he fell through the floor of another trailer he was working on for her. We had to pay five people out of our own pockets for cleaning up another lot with six abandoned trailers on it because she was unsatisfied with the work he had done. He fixed the swamp cooler on the house behind ours for her, and got no pay.
Any ideas as to what I can do about this horribly long ordeal?
 
When things break around here, she says she cant afford to fix them, so we've had to- on top of paying rent.

When you report damages/repairs to the landlord you need to do more than make a phone call. Your lease likely has a specific process for making the notification, and if it doesn't, your state law does. Typically, all notices must be made in writing and the landlord given reasonable time to make the repair.

Any repairs you made without written permission from the landlord are likely not going to be reimbursed unless the landlord offers to reimburse. If you didn't follow the proper process before making the repairs, it will be difficult to force the landlord to pay you back.

Long story short, she shoved past my fiancee to get into the house, and flipped out about the carpet being replaced and said she never gave us permission.

See what I mean?

After yelling at us that we he had 30 days to get out (despite paying the rent already), she called the police for the water being off.

You don't have to move out. Stay as long as you like and continue to pay rent on time. If she wants you out she will have to go through the proper eviction process, and that takes time. You are not required to leave until a judge orders you to.

As for calling the police because the water is off.... it isn't illegal to be stupid.

This morning, she came over and asked my fiancee why the water wasnt working. He told her it was on here, so it should be on at the other house. When he went to check everything out for her, she snapped a picture of him and said "You know you're not supposed to be messing around in there."

Don't worry about that. If she tries to use that against you it will just make her look bad. Don't go back around the other house for any reason.

What can we do about this? We didnt get anything in writing, so I know that's not gunna help us. And we aren't taking fake pictures.

Take your own photos of the house. If she ever tries to produce something that is false then she can pay the consequences for that. Otherwise ignore her.

I have a sample of the previous carpeting, tons of recipts, and even more witnesses.

All of that is probably going to be useless for the reasons I gave above. It sounds like you made these repairs without the landlord's permission, and you will have great difficulty getting reimbursed for any of it.

I have proof that this house is unsafe to live in...

Yet you willingly paid over $1000 to live in it? That argument will get you nowhere. If you are ready to move out you could call the local inspector and see if you can get the house condemned- that will force the landlord to complete repairs before it can be rented again.

I just need to know where to start.

That depends what you are wanting. Your simplest solution to this landlord problem is to find a new place to live. If you fail to pay rent the eviction process will start promptly. She might even start it due to the repairs she will say are unauthorized.

If what you are wanting is money for the repairs you have made to the house, then start with a local attorney who can review everything you have and guide your next step. Personally, I expect you are out whatever you have put in to the place since you can't provide written permission from the landlord, and you had best cut your losses before it gets any worse.

If you choose to move out then make sure you give proper notice (written). You can surely kiss any deposit goodbye. If you want to get out faster, see if you can get the place condemned- that could get you off the hook for the 30 day notice.

I could easily hit her for over $10,000 in repairs, on top of a $725 a month rent and almost $400 a month in electricity, topped by $100 in gas.

No, sadly you can't. You can try and hope she pays to avoid court, but it sounds as if you did not follow the proper process set in your lease or by state law, and those repairs may not ever be reimbursed if they were not properly authorized.

We're about to have a baby, so why did we have to afford it and not her?

You didn't have to- you chose to. Read your lease agreement. If you don't have one, review your state law regarding landlord repairs.
 
Your posting is very confusing.

If you have a written lease, your landlord cannot simply kick you out. If you have breached this lease, their only option is to file for an eviction and the court will decide whether this request will be granted.

However, if you do not have a written lease, you are considered to have a tenancy at will; in other words, you are a month to month tenant. Such tenancies can typically be terminated (by either party) with a 30 day written notice.

Where your posting becomes confusing is when you spend a great deal of time writing how you're repaired things and then the same amount of time reporting that the rental unit is unsafe to live in. One wonders why you and your boyfriend would spend so much time and energy on a house that you now claim is a rathole. In addition, you have no LEGAL evidence that the rental unit is unsafe. A court is simply not going to take a tenants statement that it is. Far better to contact Code Enforcement to have them come and inspect the unit.

As previously mentioned, it appears you have nothing in writing granting you the right to make these repairs nor documentation that the landlord has agreed to reimburse you for these. If so, you are out of luck getting a court to agree that you should be reimbursed. I'm sorry....

Gail
 
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