Non responsive landlord

By Carl

Feb.12, 2010 we went into a contract to rent a house from Sue for 2 years starting April 1, 2010. Sue originally only wanted a one year contract. We went for 2 years as the property and location appeared pleasant.

 2 days before we got the keys Sue disclosed the place needed a helping hand. We did not know any of this plus the property was snow covered when we looked at it. No disclosure was offered from the realtor in this regard as well. While we were open to doing some work here and we did do a lot, Sue soon became non responsive to our concerns, questions and inquires.

 In 2 cases we never got a response. One case it took 4 months and the inquiry was presented 4 months in a row. Every concern was sent with our rent check.

 One time we had an issue we left a phone message. It was 4 days before we heard back. The reason then was she doesn’t take her phone when out of town. That leaves us with no way to contact her!! If the issue had been extreme, what should we do?

 Despite the non life threatening issues, a pattern of no response was developing. Then other issues had developed and surfaced where security, health and safety were becoming a concern.

 Sep. 2010 it was discovered the smoke detector was inoperative. Since I viewed this as an essential item and did have permission to do minor repairs without permission I replaced it. Odds are this was in operative for a long time as shortly after we moved in we saw the door to it was open. When I replaced it we found the door latch was broken.

 Mid Dec. of 2010 we had a problem with the garage door opener. A phone message was left at the number we were instructed to use in our contract but 6 days later no response was seen or heard. I had to get on a ladder to see if the problem could be resolved with spending no money. (We found she’s in financial trouble). While looking at the opener I fell off my ladder re-injuring an old back injury. 9 days had passed with this concern before she responded. Her response both verbally and thru e-mail for her lack of response was she doesn’t really use the phone any more that we are to call her on and financial issues have been a distraction. Finally after 3 weeks the opener was replaced when she was notified of it for the third time.

 To show how she’s trying to avoid repairs we had a problem with a GFI kitchen outlet around Jan. 6. Before she would look at it, which all it needed was a new outlet, she wants us to log what we use every time we use it and record the amps being used. After 2 weeks they’d determine if it needs to looked at but no mention of replacing it. Previously I had told her it was acting up more and more to the point I moved my kitchen around to avoid it as much as possible. Again, not a life threatening issue but the pattern of avoidance continued.

 Finally after several e-mails back and forth with my complaining every time about her dragging her feet she agreed to have someone look at the electrical issues. It was then Sue disclosed that the problem was covered under her home warranty policy but it would entail a $60 service fee. In her e-mail to me she then asked if I would pay the $60 and take it out of our rent check, which would have been due about 2 weeks later.

 While paying the $60 for her and taking it back at a later date is not a big problem it does suggest we could be in jeopardy. Sue admits financial issues verbally and written. Jan. 3, 2011 we had a meeting. Sue admitted our rent does not make ends meet here. There is a mortgage on the property. During this meeting Sue and her husband Jim both admitted they have everything on the line with their businesses. Therefore, should there be a default the bank could throw us out. This issue has raised the stress level on us another notch.

 My wife is afraid to be left here alone should something go wrong like for example the furnace and we get no response to our inquiry for help. Due to Sue’s patterns my wife is afraid she could be in a position she needs to get out quickly. I also fear for my wife’s safety here should I be gone for any period at a time. Due to my aging parents I do have to travel several times a year.

 Due to the deception about the property before handing us the keys, possible bank issues, her lack of communication for several months, my injury, which we see as partially due to her lack of feedback and the most recent delays with known repairs we wanted out.

 We asked to break our lease after one year. Sue has agreed to this but wants to levy an $850 fine for this. Our contract does allow for an early termination penalty of $1,700. Since the reasons for our wanting out are a direct result of her actions or lack thereof plus financial issues on her part that could put us on the street we feel this penalty is not only wrong but morally wrong.

 Sue also says I call very early in the morning as part of the reason for not returning our calls. I never call before 8 AM due to the fact I might wake someone up so her excuses continued as all my calls were caught on her voice mail.

Any idea who I can write to to possibly resolve this out of court as money is very tight?

From now on I’ll run a credit check on my perspective landord. After all they dig into your past. Fair treatment for all!

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