Thursday, January 7, 2010

I have a question, i have an apt size washer ,my landlord is saying get rid,i pay utilities.?

he saying i cant have it,there's no stipulations in the lease of not being able to have one. there's a leak in the kit.sinki that needs to be fixed,still insist to get rid of it? what can i do.I have a question, i have an apt size washer ,my landlord is saying get rid,i pay utilities.?
You are sure there is nothing in the lease? Do you pay the water bill? How bad is the leak? You could fix the leak yourself and show him the bill and the completed work, he might give you some slack. He might try and give you a hard time because of the water bill. But if there is nothing in the lease even in the small print then just put it away when he is around and try not to wash when he is. There is a way around everything.I have a question, i have an apt size washer ,my landlord is saying get rid,i pay utilities.?
Every county has stipulations on renters and code of conduct. One in the place that I live in states that if there is a leak in the sink due to wear and tear, then the owner/landlord has 1 month to do so. That means if the landlord/owner does not fix the leak then your intitled to get some cash reimbursement or discount off your rent. Find the renters board to see the appropriate steps to get this resolved. They might even fine the owner/landlord for not up-keeping the building. Also they will keep a record on file just in case it goes to court. As for the dishwasher, if your the only one living there then why bother, save on your utilities and keep on washing in the leaking sink. I am sure if you bring this up to the renters board, the board will give him an ultimatum. '; Fix it or we will fine you';.
Read your lease carefully, also research the laws in your state about what he can change. A landlord is able to add amendments to the rules in some states, but he has to give it to you in writing. Is there a clause in your lease that states that he can change or add the rules to your lease?





Otherwise, as long as your rent is on time and there is nothing in the lease, and if you pay the utilities he cannot tell you what to do. Be careful, if it is causing damage to the property, IE water damages ect from the leak and you know about it, he can accuse you of criminal damage to property instead of it being normal wear and tear.





Was the leak caused because of the washer? He may think so. Be prepared to prove otherwise.





Damages are actual things in the apartment that you or your guests actually break - such as a window or a hole in the wall.





Normal Wear and Tear may include things such as faded paint - you yourself did not cause the paint to fade, thus you would not be responsible if and when the landlord decides to repaint.





2.鈥?1) A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence.





(2) A person who without lawful excuse damages any property, whether belonging to himself or another鈥?br>




( a ) intending to damage any property or being reckless as to whether any property would be damaged, and


( b ) intending by the damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,


shall be guilty of an offence.





(3) A person who damages any property, whether belonging to himself or another, with intent to defraud shall be guilty of an offence.





(4) An offence committed under this section by damaging property by fire shall be charged as arson.





(5) A person guilty of an offence under this section shall be liable鈥?br>




( a ) on summary conviction, to a fine not exceeding 拢1,000 or imprisonment for a term not exceeding 12 months or both, and


( b ) on conviction on indictment鈥?br>

(i) in case the person is guilty of arson under subsection (1) or (3) or of an offence under subsection (2) (whether arson or not), to a fine or imprisonment for life or both, and


(ii) in case the person is guilty of any other offence under this section, to a fine not exceeding 拢10,000 or imprisonment for a term not exceeding 10 years or both.


** (6) For the purposes of this section a person is reckless if he has foreseen that the particular kind of damage that in fact was done might be done and yet has gone on to take the risk of it.








Good Luck.
If there is nothing in the lease then he can't make you get rid of it, and he is responsible for getting the leak fixed. I would call an attorney for a free consultation to see what legal steps to take. I was dealing with a slum landlord and I call an attorney for a consultation and he helped me out. Good Luck.
If the lease doesn't prohibit it, he can't make you get rid of it, especially since you are paying the utilitities. It isn't costing him anything. You can insist he fix the leaky sink, which is his responsibility, though it can be difficult to hold him to it. It is not a good idea to withhold rent to force a landlord to do something, because doing so is prohibited in some states.


Is there some tenants' rights agency where you are? If so, it would be good to contact them. A lawyer would cost too much and this isn't a big enough problem to justify that expense.

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