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Can I insist landlord only communicate in writing?


BlueTaelon
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I'm having issues with him and his father who have told me things verbally but EVERY TIME they turn around and say "I never said that, I said XYZ" which is the OPPOSITE of what I was told verbally. For example when I was first checking out the house to rent the father who lives locally showed me the house and told me if there came a month when I couldn't afford the rent I could use my security deposit or I could use it as last months rent. This is highly unusual so I clarified it and yes he meant it. 2 weeks before I gave my 30 day notice I called the son who I actually pay rent to and again confirmed what his father told me, he said no problem, he saw the house a couple weeks ago and the house looked great so no worries and it was fine. I give my 30 day notice, today, a the end of the month he tells me NO, you have to pay the rent for April and the rent is now a month late, late fee at this point is almost as much as my rent!

 

Were trying to get out of here and he's refusing to even fill out the rental ref's other apts are sending him until I pay him everything he claims I owe him including the $150 discount I got on the first months rent for cleaning up the yard which I did. It did not state I needed to make sure there were NEVER any leaves on the ground the entire time we lived here. It was listed as a 1 time thing which I did. Wish I had taken pictures to prove it.

 

I am sick of dealing with this guy and I want everything in writing because everything he says verbally he comes back around and says "I didn't say that".

 

I have years of perfect rental history but around here they only check the last 2 places which for us is about 18 months, 6 mo here and a year at my parents which was a nightmare so I'm in a tight spot and this guy knows it. He has a very bad rep in this town and is well known to screw people over.

 

I'm already stressed because were supposed to be out in a few days and we don't even have a place to move to yet. I dont have money to pay all this. I swear I feel like I need to just say we've been homeless for the past 6 months but I don't think that would help get us a place. I'm pretty sure code enforcement will condemn this place since he refuses to do major repairs and what I read today says its substandard but I cant even ask for the repairs according to state law until the rent is current in his eyes and withholding rent is illegal in this state. If you don't withhold rent whats to encourage them to do the repairs? Especially when its thousands of dollars worth needed and they already told me verbally they will not do it so don't even ask.

 

Anyway, he emailed and texted me asking me to call him but obviously I am VERY leery of talking to him since he's shown to be two faced multiple times.

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Did you give the 30 day notice in writing? If so, you only have to pay your rent for 30 days from that point, assuming you're on a month-to-month lease.

 

Yes it was written, my issue is he said I could use the deposit then at the end of the month changed his mind and is saying I didn't pay rent and can't use the deposit even though verbally he and his father (his rep) said I could. I've had this issue on multiple things with him or his father. They say one thing then write another. Were doing our best to get out of here, this place is a nightmare. I've always rented from an agency and while I may have complained about them I never had issues with them lying and things were taken care of. This is the first time I have ever rented from a private person and at this rate I will never do so again.

 

I just don't want to shoot myself in the foot by insisting on written communication only (email/USPS/txt).

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Don't you have a written and signed contract?  Details like that are included in the contract.  If it isn't, they can't insist on it.  http://www.nolo.com/legal-encyclopedia/state-landlord-tenant-laws

 

I know what the contract says, of course the contract also says I can't use the heating system without a maintenance contract though an oil supplier which is something no one provides around here unless they sold and installed the system themselves which they did not because he did. Should I have not taken his verbal word that I could use the system anyway? This is why I want everything in writing from this point on. The verbal does not match the written. He's cherry picking the lease and changes his mind. When we moved in he told me to not to use the kitchen wall heater, it was a fire hazard and was disabled and thats why the knob was removed. It started kicking on itself due to the cold and I freaked since I couldn't get it to shut off. He showed up and claimed he never told me that and it works just fine. Yeah sure, I spend hours in that kitchen enjoying my aching legs because I somehow imagined you told me not to use it because it wasn't safe? I froze my butt off in that room because the kids had the space heater. I just want out of here without losing everything like a lot of other folks have due to these guys, I only wish I knew their reps before I moved in. Everyone who was lived here has been an out of towner and not aware of his rep. No one local will rent from him.

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I would absolutely insist on things being in writing.  or bring a tape recorder - and let him know you're recording the conversation.

 

I had a grandmother who did the exact same thing.  in their head - they remember it the way they want it, the way that favors them.

 

eta: and no - do NOT take anything verbal he says as trustworthy.  get it in writing - and make him sign and date everything.  make sure you have receipts for everything.

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I would absolutely insist on things being in writing.  or bring a tape recorder - and let him know you're recording the conversation.

 

I had a grandmother who did the exact same thing.  in their head - they remember it the way they want it, the way that favors them.

 

eta: and no - do NOT take anything verbal he says as trustworthy.  get it in writing - and make him sign and date everything.  make sure you have receipts for everything.

 

My mother does that, drives me crazy. I would worry it was me just imagining it if it were not for the fact its happened nearly every time I have spoken to him and it doesn't happen with anything else and we have far more serious issues going on that I would like to hear what I want rather then whats actually going on.

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Getting it in writing doesn't help unless you are willing to back it up by reporting him if he doesn't comply.  Technically you already do have some things in writing (your contact) and unless I'm misunderstanding you, he isn't honoring that because no one is willing to take the time to report him and he knows it.  

 

No one has gone after him because its not been worth it to wreck your rental history by making him mad, before me NO ONE in 7 years has stayed beyond 3 months according to the electric company. Neighbors said its because the guy is a jerk and a slumlord and as soon as it gets cold they move out because you can't keep this place warm due to the drafts which is why we pretty much stayed in a bedroom all winter. We didn't plan on staying past 3 months either but life happened. The only thing positive about this place is it has an amazing view of the lake from nearly every room.

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If you live in a single party state, you can record the conversation without notifying the other person provided you are a party to the conversation.

 

And yes, I'd get everything in writing. Do you have a legal aid/renter's rights type organization in your area that could help you with this.

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I think at this point you really need to follow and expect to follow ONLY what is written in your lease. He's proven that he doesn't keep his word so asking him for things outside your lease terms is begging for disappointment. It stinks but I think you need to stop asking. It's the only way you'll keep your sanity.

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Tell new potential landlords you've lived with a friend for 18 months and have them vouch as your landlord; time to be done with the crazies.  It's impossible and time-consuming to get security deposits back or references if the landlord doesn't want to cooperate, so I's just circumvent the entire issue in order to get another apartment.

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