Skip to main content

View Diary: Landlord trying to evict family, refuses to provide heat (119 comments)

Comment Preferences

  •  Usually, there's a procedure for rent withholding. (13+ / 0-)

    I am not a lawyer and know nothing about the town-city-state laws, but one universal thing I've noticed in renting for 22 years; most places make provisions for rent withholding, but the rent still must be paid.  It's paid to the city or county, and held in escrow until the landlord makes the legally required repairs.  Do that, and no judge will enforce any sort of writ of eviction.

    I have the feeling they didn't do that, and that's what left the landlord a loophole to evict them.  I were them, I'd call Legal Aid as soon as humanity possible and set up a rent escrow account.  Even retroactively, it may allow them to beat the eviction.

    •  AT - I think you have nailed it (4+ / 0-)
      Recommended by:
      ArchTeryx, kyril, Black Max, Ninepatch

      "let's talk about that"

      by VClib on Fri Jan 25, 2013 at 08:24:42 PM PST

      [ Parent ]

      •  I hope so. (7+ / 0-)

        Doing so, I've found, also turns the tables on the landlord - instead of them taking you to court, you can take THEM to small claims court and sue them for damages sustained during the period of non-repair.  I've heard it's not that unusual in some tenant-friendly places for judges to award the rent escrow back to you by way of damages.  The landlord gets stiffed AND has to make the repairs.

        Turn the tables on the bastard.  Don't get mad - get even.

    •  When I lived in one crappy apartment complex, (0+ / 0-)

      a lot of people paid rent to escrow. No one evicted them.

    •  In my fight, no, I did not end up paying rent. (1+ / 0-)
      Recommended by:
      ArchTeryx

      The landlord ended up owing me money because I counter-sued for rent abatement, back to when the code violations began.

      Idiot landlord should have stayed out of court, and just done his duty as a landlord, and I would have paid rent up to date and in full.

      WE NEVER FORGET Our Labor Martyrs: a project to honor the men, women and children who lost their lives in Freedom's Cause. For Jan: USW Local Mourns Fallen Brother

      by JayRaye on Sat Jan 26, 2013 at 08:14:00 AM PST

      [ Parent ]

      •  Idiot landlord wrote me a letter claiming (0+ / 0-)

        victory along with the check he had to send me.

        What kind of idiot claims victory when they sue you for (a lot of) money but end up owing you money?

        A: a professional slumlord.

        Takes time and effort to form a good strong Tenant's Union, and to get laws passed, but it's worth it.

        WE NEVER FORGET Our Labor Martyrs: a project to honor the men, women and children who lost their lives in Freedom's Cause. For Jan: USW Local Mourns Fallen Brother

        by JayRaye on Sat Jan 26, 2013 at 08:32:25 AM PST

        [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site