Renting/landlord question. Do renters have any power to say no to a lease if...

[6packofun]

the landlord promised to do a needed repair but is being super slow about doing it and has said he'd do other things in the past that never got done?

 

Now, we LIKE our landlord and he always takes care of necessary things.  He has promised to remodel a bathroom and never did it.  OK, it still works so not a huge deal.  Our water/heating situation has had issues and he mostly gets those done in a timely manner.  But we have a deck/porch by our main door of entry that is not in good shape.  Last year, one of the wood planks that is not nailed down got moved, I stepped on it and my foot/leg fell THROUGH the stinking deck.  I was bruised, not badly injured or anything.  We told him about it.  Board is warped along with several others that wobble and come up right near the top of the steps so that you can easily catch your foot and trip.  I'm pretty much DONE with this.  He's said he's redoing the deck this summer.  He wants us to sign a lease soon, BEFORE doing this deck.  We've lived here for 5 years now and there have always been gaps between leases where we just continue paying month by month until he and his lawyer get the new one to us.  Now, I really do NOT want to commit to living here another year until I know this deck is getting done or IS done.  Is this something we have any control over?  I can't seem to find anything comparable to our situation...I don't want to put rent in escrow over this because I don't want to harm an otherwise fine relationship.  I don't want to bribe the guy.  But I WANT THIS DECK FIXED!  lol

 

Advice?

[HTRMom]

If he doesn't fix the porch at all, would you still want to stay, or would you want to move out?

 

 

Sent from my iPhone using Tapatalk

[Spryte]

Could you put fixing the deck by x date into the new lease, maybe?

[zoobie]

You can write it into the lease. 

[mom@shiloh]

As a landlord, I think that your landlord is entirely in the wrong here and should FIX the thing already.  However, you know what the market is like where you are and we don't.  Do you have the option of moving out if he won't fix it?  If you refuse to sign the lease and then he decides not to offer you the lease, do you have a comparable place to go?  What are you willing to risk to get it fixed?  If you are generally happy with him, I'd keep pestering him and sign the lease.By pestering, I mean call him at least once a week.  The squeaky wheel gets fixed.  Maybe nail down a cheap piece of plywood  or even vinyl over the warped boards for safety's sake. 

[Robin M]

Yes, to your question, but you also risk the possibility of him deciding to terminate and get a new tenant.  If you are happy (for the most part) where you are and don't want to move, continue on a month to month until you get everything ironed out.  You need a commitment from him to fix certain items in order to continue living there.  Have you considered fixing it yourself and taking the money off the rent.  When we rented, we would do exactly that and never had any issues with the landlord.  

[QueenCat]

Yes, to your question, but you also risk the possibility of him deciding to terminate and get a new tenant.  If you are happy (for the most part) where you are and don't want to move, continue on a month to month until you get everything ironed out.  You need a commitment from him to fix certain items in order to continue living there.  Have you considered fixing it yourself and taking the money off the rent.  When we rented, we would do exactly that and never had any issues with the landlord.  

 

She would still need written permission to take it out of the rent. Typically, you can't do that without permission or the landlord can start eviction proceedings for failure to pay rent. Although I do understand that state and local laws can vary on this issue.

[Robin M]

She would still need written permission to take it out of the rent. Typically, you can't do that without permission or the landlord can start eviction proceedings for failure to pay rent. Although I do understand that state and local laws can vary on this issue.

 

 

Right.  Sorry I got distracted and forgot to mention.  If the landlord is agreeable and if that's something you want to do rather than waiting for him to get around to it.  

[Carol in Cal.]

I'd try to take this off his plate.

 

I'd get a bid, I'd tell him the bid, I'd say, look, this is a safety issue and we want it fixed now because of that, but we understand that you might be pressed for time.  So do you want us to coordinate this, and we'll even pay the guy, and just take it out of the rent?  We love living here, but this really can't wait.

[zoobie]

I'd try to take this off his plate.

 

I'd get a bid, I'd tell him the bid, I'd say, look, this is a safety issue and we want it fixed now because of that, but we understand that you might be pressed for time.  So do you want us to coordinate this, and we'll even pay the guy, and just take it out of the rent?  We love living here, but this really can't wait.

 

Get everything in writing x10000 if you do this. The contractor may not work for a renter.

[Ravin]

In your shoes I would make the request in writing. Ask for it to either a. be repaired by the renewal date, or b. be written in to next year's lease that it will be repaired by X date (X to be agreed upon by landlord and you before being committed to writing in the lease.)

 

That's not legal advice, just practical-experience as a tenant advice. No promise means anything if it's not in writing.

[StephanieZ]

Of course you have a choice. Just give notice (per your lease) and move out. 

 

Alternatively, tell him that although you'd like to stay, you only want to do so if he actually does x/y/z, and since previously, he'd promised to do m/n/o and never did, you're not comfortable re-signing until m/n/o/x/y/z are complete. 

 

If you do re-sign a lease w/ a "commitment" for him to do things . . . I'd have the lease written such that a) there is a "due date" and b) there is a 50% rent reduction automatically for every month if the required repair(s) aren't completed by that date. I.e., "Landlord agrees to complete deck replacement (with a deck of comparable size and design to the existing deck) and a full bathroom remodel (including all new fixtures and professionally finished surfaces) no later than August 25, 2017. In the event that these repairs are not completed by this date, rent shall be reduced to $300/month until such time that all listed repairs and improvements are complete. Additionally, if the repairs are not complete by August 25, 2017, Tenant has the right to cancel this lease by giving at least 15 days written notice."

 

If you don't have a penalty that includes an automatic large rent reduction along with your right to cancel the lease, then any enforcement of the agreement will be "on you" to sue him, which would not be worth your time. 

 

(I'm not a lawyer!)

 

 

 

 

 

 

 

[Misha]

If you wish to re-sign,  you could see an attorney and arrange to have your rent deposited into an escrow account until all repairs have been made. 

[6packofun]

Is "just moving" a quick and simple process for everyone else?  LOL  I'm not ready to rush out of here because of this deck; I need to see if landlord has an actual plan that we can hold him to because he tends to be pretty vague.

 

We don't have the money to repair this deck OR immediately move, but we could work up to it over 6 months or so.  We're trying to save up but we've had a huge amount of medical bills recently and we weren't planning for this yet. I will have dh ask to have it put into the lease if/when it comes up.  I assume if the landlord doesn't do it according to the time frame we start putting rent in escrow?