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Brad @ SCJB

  • Karma: +255/-0
Landlord from HELL
« on: July 05, 2011, 12:17:20 PM »
So I have been renting this house for about 18 months. Landlord has been good to me and I have been good to her. I have done things around the house for little or no charge. I put in a new garbage disposal. She paid for the disposal, I did the labor for no charge. I also put in a new front door because the previous tenants kicked in the old one and it was split up the middle. She bought the door and the frame. I did the demo and install of the frame and door - no charge. The tile behind the shower knobs was real soft so I pulled all the tile out, put new green board in and redid the tile and replaced the shower fixtures - no charge and I paid for all the materials. There is actually a thread about that here.

Earlier this year I wanted to tile the bathroom and told her if she pays for the material, I would tile it for her. I wanted to do this because the linoleum was ugly and I kept berk in the bathroom when i would be gone for long periods of time and the tile would be easier to clean. She agreed, but also wanted me to tile the whole front room as well which is a 19' x 27' room. She purchased all the material, I did all the work - for $500 off rent. I wasnt working and really needed something. It was less than slave wages at that point.

So in the past 3 months, shes turned absolutely ape shit nuts. She called me one day and says I need to start paying the trash bill ($13.50 - which was included in the lease) and pay the back pay until i moved in. I told her no way, that wasnt part of the lease. So then she starts bugging me about the motor home....

The motor home belongs to a friends dad. He hit me up and needed somewhere to park it. I have an RV dump, water and power hookups on the backside of the house. I said no problem. This was last july or august. My landlord asked me about it when it first arrived and i told her it belonged to a friends dad and they are just storing it there. She said she had no problem with it as long as they werent living out of it - which was NOT the case. So a few weeks ago she starts demanding money for the motor home. I told her I am not paying her for it then she left it alone. Thursday afternoon I get a voicemail from her asking again where the money that we agreed I would pay her. I didnt return her call because I am not paying her extra to store an RV on land I am renting. I left town on friday and Sunday I get home to this pulling into my driveway....



I pulled in right before it and blocked the driveway. She is following behind him and jumps out of her car screaming she is having it towed. I told her too bad, wheres my notice? wheres my tow warning? ...tow truck driver agreed with me as he had no idea what exactly the reason for the tow was. Also, she told me she was having it towed to her house (theft). I ended up having to call my friends dad all embarrassed on a Sunday evening of a holiday weekend to have him come move his motor home.

Whats weird is shes ok if I have boats here. At one time I had 3-4 boats on the side of the house and she didnt care - even though they werent mine - she just wanted money for the RV.

So I am done with her. I put a stop payment on my rent check. She went to cash it today at my bank (which shes never done) and it was declined. She is telling me I am committing fraud because I put a stop payment on my rent check. I told her I am moving out by the end of the month, she said I owe her for the remainder of the lease if I do and she also wants back payment for the motor home being parked there.

I am not dumb. I know she doesn't have a case on any of the above. She is a 60-something year old Vietnamese lady. She try's to play the 'I'm a poor old Asian lady' all the time. I'm not dumb nor going to play her games. I know my renter rights and I know shes gotta evict me.

So long story short - I am looking for a new place to live in the vegas area. I need boat parking and a decent sized garage. If anyone knows of anything, let me know.
  • Boat #1: 1978 Liberty
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ka0tyk

  • Karma: +30/-0
Re: Landlord from HELL
« Reply #1 on: July 05, 2011, 12:22:52 PM »
she can get you on the lease, as thats a written contract between you and her with all the terms and yadda yadda.  you cant just stop payment and leave.  most leases have a clause where it says what happens if the lease is broken.  most of the time its like a first and last months rent.  check your local laws and read your lease paper carefully. 

http://www.dca.ca.gov/publications/landlordbook/index.shtml

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml


as far as the other junk, you dont owe anything unless its described in the lease. 
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Brad @ SCJB

  • Karma: +255/-0
Re: Landlord from HELL
« Reply #2 on: July 05, 2011, 12:49:10 PM »
She wont follow through, even if she has the right which im sure its not on the lease. The lease was a joke ....like a 5th grader put it together. I gotta find my copy of it - its around here somewhere.

There was tenants that lived in the house next door for 5 weeks. they trashed the place and moved out. she didnt even sue them for all the damages or theft of appliances let alone the 2 years left on the lease.
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ka0tyk

  • Karma: +30/-0
Re: Landlord from HELL
« Reply #3 on: July 05, 2011, 12:55:32 PM »
She wont follow through, even if she has the right which im sure its not on the lease. The lease was a joke ....like a 5th grader put it together. I gotta find my copy of it - its around here somewhere.

There was tenants that lived in the house next door for 5 weeks. they trashed the place and moved out. she didnt even sue them for all the damages or theft of appliances let alone the 2 years left on the lease.


gotta love people who try to make their own legal documents.   :thumbup:  im guessing you gave a security deposit that you can kiss goodbye?
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IRRebel

  • Karma: +16/-0
Re: Landlord from HELL
« Reply #4 on: July 05, 2011, 01:06:23 PM »
she can get you on the lease, as thats a written contract between you and her with all the terms and yadda yadda.  you cant just stop payment and leave.  most leases have a clause where it says what happens if the lease is broken.  most of the time its like a first and last months rent.  check your local laws and read your lease paper carefully. 

http://www.dca.ca.gov/publications/landlordbook/index.shtml

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml


as far as the other junk, you dont owe anything unless its described in the lease.

Not necessarily. There is probably nothing in the lease abiout RV's or boat parking or whatever, Save the Voicemail and anything else you have pertaining to this Brad. Hopefully you still have some receipts and shit for what you DID do for her there. The thread, I remember and can be used as well. As I remember, your place had enough storage out back for not only your junk, but mine and Ron's as well!  But you have no HOA and nothing in the lease, probably, about storage of ANYTHING, as long as the place doesn't look , well, "trashy" for lack of a better term. Probably stated more like "Lessee agrees to general upkeep, maintenance and general appearance of said property" or something similar.

A good, solid, I would say concrete, arguement can be made that "if I wasn't allowed to park an RV there, then why the RV hookups and RV dump facilities ?"  Be the same as renting a house with a Pool and then being charged, a year later for use of the Pool.  :screwy:

Hearing the arguement, as stated, if she goes after you for the money and tries to ding your credit, I doubt there's a judge in the land that would side with her. If she DOES ding your credit, there's counter suit material.

Just my .02, but sounds like the VC needs some quick cash. I'd also get with the tow company to see if you can get any documentation about her trying to have it towed to her place, if you don't have it already. THAT is just setting off all sorts of bells and whistles. Make sure your shit is locked up tight, boats have substantial hitch locks, etc. I don't think Charlie is done with you yet.

Ray
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"Life's journey is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways totally worn out shouting 'Holy Shit what a ride!"---Crewcheif22 AKA Keith

Brad @ SCJB

  • Karma: +255/-0
Re: Landlord from HELL
« Reply #5 on: July 05, 2011, 01:17:20 PM »

gotta love people who try to make their own legal documents.   :thumbup:  im guessing you gave a security deposit that you can kiss goodbye?

yes, thats a given. i dont plan on seeing that.
  • Boat #1: 1978 Liberty
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Nordie

  • Karma: +13/-0
Re: Landlord from HELL
« Reply #6 on: July 05, 2011, 02:02:21 PM »
Actually brad wasnt your lease based on month to month? Technically she cant do nothing...she has to notify a sheriff and give you a formal eviction when she has that posted on your door thats when you got 30 days....yet again im sure she wont fu@k with you because I doubt she has the proper zone varience on renting 2 houses on one property...theres always loopholes, but technically landlords get hosed in las vegas...i cant tell you how many tennants from hell my dad has had on his rental properties...and couldnt do shit...the amount   of renters you can have can ruin   a beautiful home...when you get your formal eviction milk it till the last day, but dont trash the place...take pictures of how clean you left it and take her to small claims on your deposit...you already have a ton of legal ground to stand on because I have seen how you have transformed that place
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If im not posting..I'm pooping!

88CARRERA

  • Karma: +6/-0
Re: Landlord from HELL
« Reply #7 on: July 05, 2011, 04:20:05 PM »
brad,
no matter what you are still entitled to your deposit, its your money. Until she proves it went to repairing things you may have damaged. Also she has to prove that the money you gave her as your deposit has been available in an account the entire time you have been in the lease. Also she needs to prove it with bank statements that the money is still there, has been there,  and you are entitled all the interest it has accrued however long it has been in this deposit account.
wait a minute, yep I think she spent it all when you first moved in, and never had any intention of giving it back.
Which opens up another can of worms; how many previous tenants have recieved their deposit back? Is there a trend here?

.02
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HDriderTH

  • Karma: +12/-0
Re: Landlord from HELL
« Reply #8 on: July 05, 2011, 05:57:39 PM »
I'll bet my ole lady can get you into YOUR OWN crib for a lot less than your rent was. Thats what I'm doing right now. I can buy two of these houses for what the rent is. End of the block same floor plan w/ a pool on a corner for 130k. I'm looking for about the same thing you are except I may buy dirt and put a huge shop on it. Two houses on Nordies street for under a hundred G's payment about 500 hundo.
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farmergord

  • Karma: +6/-0
Re: Landlord from HELL
« Reply #9 on: July 05, 2011, 06:57:27 PM »
I'll bet my ole lady can get you into YOUR OWN crib for a lot less than your rent was. Thats what I'm doing right now. I can buy two of these houses for what the rent is. End of the block same floor plan w/ a pool on a corner for 130k. I'm looking for about the same thing you are except I may buy dirt and put a huge shop on it. Two houses on Nordies street for under a hundred G's payment about 500 hundo.
thats what I was wondering isnt it cheaper in the long run to pay your own mortgage instead of the landlords
  • Boat #1: 1976 Pioneer 19foot
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Im not a nag Im a motivational speaker

74 howard 21rc

  • Karma: +8/-0
Re: Landlord from HELL
« Reply #10 on: July 05, 2011, 07:34:36 PM »
Not necessarily. There is probably nothing in the lease abiout RV's or boat parking or whatever, Save the Voicemail and anything else you have pertaining to this Brad. Hopefully you still have some receipts and shit for what you DID do for her there. The thread, I remember and can be used as well. As I remember, your place had enough storage out back for not only your junk, but mine and Ron's as well!  But you have no HOA and nothing in the lease, probably, about storage of ANYTHING, as long as the place doesn't look , well, "trashy" for lack of a better term. Probably stated more like "Lessee agrees to general upkeep, maintenance and general appearance of said property" or something similar.

A good, solid, I would say concrete, arguement can be made that "if I wasn't allowed to park an RV there, then why the RV hookups and RV dump facilities ?"  Be the same as renting a house with a Pool and then being charged, a year later for use of the Pool.  :screwy:

Hearing the arguement, as stated, if she goes after you for the money and tries to ding your credit, I doubt there's a judge in the land that would side with her. If she DOES ding your credit, there's counter suit material.

Just my .02, but sounds like the VC needs some quick cash. I'd also get with the tow company to see if you can get any documentation about her trying to have it towed to her place, if you don't have it already. THAT is just setting off all sorts of bells and whistles. Make sure your shit is locked up tight, boats have substantial hitch locks, etc. I don't think Charlie is done with you yet.

Ray
Ray is having NAM flash backs (VC,and Charlie) LMFAO!
  • Boat #1: 1974 Howard Mini Day Cruiser
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enginedoctor

  • Karma: +7/-0
Re: Landlord from HELL
« Reply #11 on: July 05, 2011, 08:10:06 PM »
That sucks brad  :thumbdown: good luck :thumbup:
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GlassCutter

  • Karma: +31/-0
Re: Landlord from HELL
« Reply #12 on: July 05, 2011, 08:24:56 PM »
thats what I was wondering isnt it cheaper in the long run to pay your own mortgage instead of the landlords
Owning is waaay better normally, but right now I dunno.  Values aren't gonna go back up for a lot longer than most people expect.   B-rad's problem is going to be qualifying for a loan.  Banks aren't lending nothing right now and he is a single guy, therefore only one income to "guarantee" the loan.  Probably will want more than 10% down too.
If you ask me (and I know you didn't) I would stay put.  She can't do anything that isn't in the contract and evicting you is waaay harder than she realizes if she is going to do it legal.  Spend some money on a lawyer to get the facts about what she has to do on her end.  If she misses dotting an I or crossing a T, she has to start all over.  You like the setup so just tell her to leave you alone.  I think I would have let her tow the motorhome and called it theft.  That woulda got her attention!
  • Boat #1: 1973  Wriedt Montara 23
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Also, I will kiss bare male ass in the middle of the Vegas Strip  . . .  I will post pics if I need to.  --  IRRebel 2013

"Go ahead Rivertard does it.  Take a video though."

"If you did it in a dodge it would have shifted perfectly ran a thousand miles per hour and got optimum fuel mileage!"  Nordie  2012

HDriderTH

  • Karma: +12/-0
Re: Landlord from HELL
« Reply #13 on: July 05, 2011, 08:53:14 PM »
I dunno I'm practicly getting forced to buy. Maybe buy a few. I'm tellin ya houses are down rents are still high. I chased this one house for a year, long story, not far from here with a four car garage behind it. It was on the market for 45, i offered 50 and got it then the seller disappeared. I waited for it to get forclosed on and went to the auction with 34,5 in my pocket. Starting bid was 31,5 and it sold for 38,9. I would have put a sign up that day for 60
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Brad @ SCJB

  • Karma: +255/-0
Re: Landlord from HELL
« Reply #14 on: July 05, 2011, 08:54:44 PM »
I think I would have let her tow the motorhome and called it theft.  That woulda got her attention!

I thought about it, but the motorhome isnt mine to use as a pawn in this game.

nordie, my lease doesnt expire until 1/2012

buying isnt an option right now...im still single and not grounded, and dont want to be grounded and bound to a house payment and stuck here in vegas.
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Brad @ SCJB

  • Karma: +255/-0
Re: Landlord from HELL
« Reply #15 on: July 05, 2011, 09:10:15 PM »
T-Dawg - have the ol' lady give me a call tomorrow.

im off work at 10am and then going to look at a house in brandons neighborhood.
« Last Edit: July 05, 2011, 09:12:16 PM by Brad @ SCJB »
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HDriderTH

  • Karma: +12/-0
Re: Landlord from HELL
« Reply #16 on: July 05, 2011, 09:18:33 PM »
I just cant afford to pay somebody elses mortgage anymore. Like I said the house down the street for 130, the dude that owns mine paid 300. Mortgage on 130 prolly in the 500 range, 300k prolly 14-1500ish. So if you lived in it until you wanted to go somewhere else and walked away from it it would prolly be cheaper than paying somebody elses Mortgage. So you end up with a rental in Vegas.......bummer
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'82 Sanger Bubble deck, Blown 454....V-drive

jet boat performance

  • Karma: +25/-0
Re: Landlord from HELL
« Reply #17 on: July 06, 2011, 07:48:54 AM »

Brad Its sounds kind of like this woman is trying to pull something for sure, as a tenant you have enormous rights vs hers and she shouldn't be allowed to be whimsical with yours or anyone elses tenancy , having to move or relocate wether its home or business is a strresser and well as costly Sometime back I studied "Construtive eviction" at length because of a similar situation , Some good info here 

**If a landlord makes life so miserable for you that it forces you to move, it may be considered "constructive eviction," which is usually grounds for legal action.


http://realestate.msn.com/article.aspx?cp-documentid=1310837015 common renters' rights

Although renters' rights vary by region, many are pretty predictable. Here's a sample of rights likely to be addressed in your state's landlord-tenant law:

The Fair Housing Act makes it illegal to deny housing to a tenant on the grounds of race, color, sex, religion, disability, family status, or national origin.
Residential rental units should be habitable and in compliance with housing and health codes—meaning they should be structurally safe, sanitary, weatherproofed, and include adequate water, electricity, and heat.
Many states limit the amount landlords can charge for security deposits. (See this page on Nolo.com to find out if yours is one of them.)
A landlord should make necessary repairs and perform maintenance tasks in a timely fashion, or include a provision in the lease stating that tenants can order repairs and deduct the cost from rent.
A landlord must give prior notice (typically 24 hours) before entering your premises and can normally only do so to make repairs or in case of an emergency.
Illegal provisions in a rental agreement (provisions counter to state law) are usually not enforceable in court.
If a landlord has violated important terms related to health, safety, or necessary repairs, you might have a legal right to break your lease.
If you have to break a long-term lease, in most states landlords are required to search for a new tenant as soon as possible rather than charging the tenant for the full duration of the lease.
Damage or security deposits are not deductible for "normal wear and tear." Some states require that a landlord give an itemized report of any deductions.
Most states require landlords to return refundable portions of a security deposit within 14 to 30 days after the tenant has vacated the premises, even in the case of eviction.
Landlords usually can't legally seize a tenant's property for nonpayment of rent or any other reason, except in the case of abandonment as defined by law.
Landlords are legally prohibited from evicting tenants as retaliation for action a tenant takes related to a perceived landlord violation.
A landlord cannot legally change the locks, shut off (or cause to have shut off) your utilities, or evict you without notice; eviction requires a court order.
If a landlord makes life so miserable for you that it forces you to move, it may be considered "constructive eviction," which is usually grounds for legal action.
In many states, it's illegal for a lease to stipulate that the tenant is responsible for the landlord's attorney fees in case of a court dispute.
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Brad @ SCJB

  • Karma: +255/-0
Re: Landlord from HELL
« Reply #18 on: July 07, 2011, 06:27:31 PM »
Crazy Eights Lab is relocating this weekend.
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76NORDIC

  • Karma: +23/-0
Re: Landlord from HELL
« Reply #19 on: July 07, 2011, 06:39:46 PM »
Pain in the ass moving, but hope it is on somewhat good terms for ya Brad
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The definition of insanity: Doing the same thing over and over again, and expecting different results.....Einstein

I refuse to call people an ass anymore. It insults hard working donkeys worldwide!

Brad @ SCJB

  • Karma: +255/-0
Re: Landlord from HELL
« Reply #20 on: July 07, 2011, 06:43:09 PM »
Pain in the ass moving, but hope it is on somewhat good terms for ya Brad

its not what i had, but works for now on short notice until i find something perm.
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Brad @ SCJB

  • Karma: +255/-0
Re: Landlord from HELL
« Reply #21 on: July 07, 2011, 06:48:22 PM »
Quote
Landlords usually can't legally seize a tenant's property for nonpayment of rent or any other reason, except in the case of abandonment as defined by law.

i think i got a case on this one right here.
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Nick

  • Karma: +1/-0
Re: Landlord from HELL
« Reply #22 on: July 08, 2011, 07:42:10 AM »
Brad, move back to OC, my folks have a bitchen condo they are completely remodeling in Brea! It's a two bed two bath with an oversized two car garage!

I know it's a long shot, but hey, weren't you from OC originally?
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Brad @ SCJB

  • Karma: +255/-0
Re: Landlord from HELL
« Reply #23 on: July 08, 2011, 08:07:38 AM »
yeah, but im sure they are asking for more then i can make out there. IT industry out there is saturated with immigrants (in this case legal immigrants) who will work for nothing.

Dey terk ow durbs!

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Nick

  • Karma: +1/-0
Re: Landlord from HELL
« Reply #24 on: July 08, 2011, 08:34:37 AM »
I hear ya bro. Thought i'd throw it out anyways. Good luck with your move.
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