What are my landlady's legal obligations with regard to maintaining my house?
September 12, 2010 12:56 PM Subscribe
I rent a house in West Virginia. There are many, many problems with the house and property, and it's been like pulling teeth to get the landlady to address even the most serious problems. I'm sick of living in a shithole, and I'm done being Mr. Nice Guy. Which of these specific problems does my landlady have a clear legal obligation to fix? And short of hiring a lawyer, what are my options for using those laws to motivate my landlady? YANML.
(I'll try to make this concise. Some of the problems have existed for years, and they have been reported to the landlady many, many times—first by my former roommates, and then [after they moved out] by me. I recently sent a more detailed version of this list to the landlady by certified mail, which at least has her attention. She insists that none of the problems had ever been reported to her—which is unadulterated bullshit, but whatever. I'm now keeping records of all our correspondence, so she can no longer deny that the problems have been reported.)
Realistically speaking, I'm not going to hire a lawyer. I don't have the money, and I'm planning to move out sooner rather than later anyway.
So, I guess this is a two-part question:
(a) What are my landlady's legal obligations with regard to the above issues? I dug up WV tenant law a few years ago, and it seemed very vague—something about maintaining the property in "a habitable condition", or something like that.
That strikes me as so vague as to be useless. Would previous cases establish precedent as to exactly what that *means*, in concrete and specific terms? Are there applicable laws that go into more specifics that I've missed?
(b) What tactics can I use to encourage her to meet her legal obligations? Or, what methods of recourse am I entitled to if she won't?
With regard to (b), I've come up with the following: i. hire my own contractors to do the repairs, and deduct their fees from the rent (possibly not a smart move); ii. report her to the Better Business Bureau; iii. with regard to the broken heater, report her to the concerned authorities (who would that be?); iv. publicly shame her with documented evidence of the problems (she's on the Board of Directors of the local Chamber of Commerce).
Any advice, especially as it specifically applies to my legal jurisdiction, will be greatly appreciated. Thanks!
(I'll try to make this concise. Some of the problems have existed for years, and they have been reported to the landlady many, many times—first by my former roommates, and then [after they moved out] by me. I recently sent a more detailed version of this list to the landlady by certified mail, which at least has her attention. She insists that none of the problems had ever been reported to her—which is unadulterated bullshit, but whatever. I'm now keeping records of all our correspondence, so she can no longer deny that the problems have been reported.)
- The septic tank was broken for at least two years (!), and raw sewage was bubbling to the surface in the back yard. After numerous complaints, it was finally repaired in December 2009. However, after the hole was filled back in, no one ever graded the soil or put down grass seed—they just left the yard a torn-up mess of rough clay. It's been gradually turning into a weed pit.
- The well water has a very funky taste and (especially in the shower and clothes washer) smell—sort of a sulfur/rotten eggs smell. I don't drink the stuff, but I have to shower and wash my clothes and dishes in it. My research suggests a few possible causes: sulfate-reducing bacteria in the well (harmless but still stinky and unpalatable); a faulty magnesium rod in the hot water heater (easy to diagnose and replace); or fecal coliform bacteria in the well (a serious health hazard). Given the situation with the septic tank, this last one seems like a real possibility. Is my landlady obligated to have the water tested? If testing does reveal one or more of these contaminants, which of them is she obligated to fix?
- On August 4, it came a strong storm. A large tree at the front of the property fell and hit the house, knocking off the gutter and the edge of the roof and landing on the shed. Miraculously, no windows were broken. The landlady came out that same evening to inspect the damage, and an insurance adjuster came by a few days later to see it for himself. It's now been a month and a half, and (despite my certified letter a couple of weeks ago) that remains the extent of her response to the problem. The edge of the attic is open to the elements. The 200-amp cable leading from the power poles to the house is hanging off the siding—the bracket that holds it in place is detached from the house. The gutter, the chunks of roof, and the smaller tree branches are still in the yard. (Some guys came by and took away the larger wood for free; otherwise, the entire tree would still be laying there.) Part of the tree is still standing, and could very well fall. (It's right next to the parking area, so it would very likely hit one of our cars.) The back of the shed is split open. I got an email from the landlady today, saying that she was still waiting for her roofing contractor to provide an official estimate that she could submit to the insurance company. (I find it hard to believe that the insurance company expects her to leave the property in this condition for two months or more while the paperwork goes through. At least some of the work, such as cleaning up the debris and removing the rest of the tree, could and should have been done immediately.)
- There's another dead tree on the other side of the house that needs to be removed. It will fall eventually—it's just a matter of when. Its size and location mean that it will probably cause more extensive damage to the house, and could just as easily land on a car or person.
- In November 2009, the landlady repaired a leak in my bathroom ceiling. This involved cutting out a large section of the ceiling. I was told that someone would return the next day to close the hole. No one ever came, and the hole is still there.
- There are two other rooms with holes in the ceiling, where previous tenants accidentally put their feet through the attic floor (the attic is a story unto itself). These existed when I took over the lease in April 2009, and I pointed them out to the landlady at that time.
- The dryer vents directly into the house—the corrugated tube isn't connected to any kind of exhaust. It makes the place sweltering in the summer and covers the laundry room with lint.
- The baseboard heater in the kitchen has been broken at least since January 2008. (If any item on this list is clearly a violation of tenant law, I'd imagine it would be this one. Doesn't every state explicitly require landlords to provide working heat?)
- On a related note: the house is very, very poorly insulated. It's full of holes and drafts; the insulation in the attic has literally disintegrated into a loose fluff (I think it's some kind of cellulose insulation—it's a vile mess); the attic door doesn't shut properly; the front and back doors have no weatherstripping, and you can see outside between the door and the frame; the door frame is half-detached from the house at the bottom; there are no storm windows. The place is freezing in the winter—we have to severely ration the heat just to avoid going bankrupt from the electric bill. Also, this part of the country has a serious problem with brown marmorated stink bugs (an invasive species—if they're not in your area, you don't know what you're missing). Because the house is so full of holes, they absolutely infest the place in the cooler months. Does the law require the landlady to maintain a certain specific degree of insulation? If so, what is that requirement, and how would I go about determining whether she's in violation? What about the stink bugs—is she in violation there? (An exterminator won't help; the only way to solve the problem is to seal the holes in the building.) To truly correct this problem would take major renovations and thousands of dollars. I'm not really expecting that. However, if there's any legal basis I can use to motivate the landlady to replace the rotten insulation, fix the attic door, install some weatherstripping, buy some storm windows, fix the front door, etc., I'd very much like to do that.
Realistically speaking, I'm not going to hire a lawyer. I don't have the money, and I'm planning to move out sooner rather than later anyway.
So, I guess this is a two-part question:
(a) What are my landlady's legal obligations with regard to the above issues? I dug up WV tenant law a few years ago, and it seemed very vague—something about maintaining the property in "a habitable condition", or something like that.
That strikes me as so vague as to be useless. Would previous cases establish precedent as to exactly what that *means*, in concrete and specific terms? Are there applicable laws that go into more specifics that I've missed?
(b) What tactics can I use to encourage her to meet her legal obligations? Or, what methods of recourse am I entitled to if she won't?
With regard to (b), I've come up with the following: i. hire my own contractors to do the repairs, and deduct their fees from the rent (possibly not a smart move); ii. report her to the Better Business Bureau; iii. with regard to the broken heater, report her to the concerned authorities (who would that be?); iv. publicly shame her with documented evidence of the problems (she's on the Board of Directors of the local Chamber of Commerce).
Any advice, especially as it specifically applies to my legal jurisdiction, will be greatly appreciated. Thanks!
Can I ask why you don't just move out?
posted by kate blank at 1:07 PM on September 12, 2010 [1 favorite]
posted by kate blank at 1:07 PM on September 12, 2010 [1 favorite]
I'm not going to even try to touch your legal questions. But I have to ask, is there a reason that you're staying in this house that seems to be falling down around you and threatening your health and safety? You're in a situation that is pretty bad for you, and the person who is charged with fixing the problem has shown no interest in doing so. My guess is that even if you're legally in the right (and only a qualified landlord/tenant lawyer in your jurisdiction can tell you whether that's true or what steps you can take to legally compel your landlord), it will take months or years of fighting and paperwork and expense on your part to get a positive result, and even then you likely won't get everything you want. If I were you, I'd move as soon as possible.
posted by decathecting at 1:09 PM on September 12, 2010
posted by decathecting at 1:09 PM on September 12, 2010
Jeez, I don't know about WV tenant law, but just start by calling your local building inspector tomorrow morning and scheduling an inspection of the house. That doesn't take any skill or money or even time. I would instead research tenant law in terms of having a contingency plan in case the building inspector rules the house uninhabitable, revokes its certificate of occupancy, or anything else that the landlord's negligence could cause you to be put out on the street.
posted by rhizome at 1:09 PM on September 12, 2010 [1 favorite]
posted by rhizome at 1:09 PM on September 12, 2010 [1 favorite]
We might not be of much help without reviewing your lease.
Cosmetic items you might as well write off. Items such as the well, the sewer, loose wires, etc. should probably be reported to the health department, zoning department, electric company, etc. The landlord has made it clear they aren't interested.
But, in all honesty, if I were you, I would be putting my energy into finding a new place to live. Looks to me like you're throwing good energy after bad in attempting to get the landlord to change.
posted by HuronBob at 1:12 PM on September 12, 2010
Cosmetic items you might as well write off. Items such as the well, the sewer, loose wires, etc. should probably be reported to the health department, zoning department, electric company, etc. The landlord has made it clear they aren't interested.
But, in all honesty, if I were you, I would be putting my energy into finding a new place to live. Looks to me like you're throwing good energy after bad in attempting to get the landlord to change.
posted by HuronBob at 1:12 PM on September 12, 2010
Response by poster: As I said, I'm already planning to move out. But realistically speaking, that's probably not going to happen for a few months. I appreciate your answers, but please try to stick to the questions that were asked. That will help me much more. Thanks.
posted by ixohoxi at 1:14 PM on September 12, 2010 [2 favorites]
posted by ixohoxi at 1:14 PM on September 12, 2010 [2 favorites]
Best answer: Have you seen this publication posted on the W. Virginia Attorney General website? It seems to outline all the applicable tenant laws, and explains them in plain English (including what you can do in your situation), and provides the text of the laws in the appendices.
On Page 6, it says that the letter you sent is the first step, and that it should demand that repairs be done in a reasonable time (7-10 days).
On Page 7, it outlines what you need to do if the letter doesn't work and you don't want to work with a lawyer.
On Page 8, it talks about withholding rent: "Many tenants try to enforce their legal right to live in decent housing by withholding their rent from landlords. Unfortunately, tenants in West Virginia do not have the legal right to withhold rent. For this reason, if you decide to withhold rent, it is likely that your landlord will file a suit to evict you for non-payment of rent. If this happens, your landlord will probably be successful in evicting you, even though the landlord may have violated the law by failing to provide you with decent rental housing."
On Page 9, it talks about the law you might be interested in the most: Implied Warranty of Habitability.
posted by Houstonian at 1:24 PM on September 12, 2010
On Page 6, it says that the letter you sent is the first step, and that it should demand that repairs be done in a reasonable time (7-10 days).
On Page 7, it outlines what you need to do if the letter doesn't work and you don't want to work with a lawyer.
On Page 8, it talks about withholding rent: "Many tenants try to enforce their legal right to live in decent housing by withholding their rent from landlords. Unfortunately, tenants in West Virginia do not have the legal right to withhold rent. For this reason, if you decide to withhold rent, it is likely that your landlord will file a suit to evict you for non-payment of rent. If this happens, your landlord will probably be successful in evicting you, even though the landlord may have violated the law by failing to provide you with decent rental housing."
On Page 9, it talks about the law you might be interested in the most: Implied Warranty of Habitability.
posted by Houstonian at 1:24 PM on September 12, 2010
Best answer: What rhizome said, because there is a non-negligible chance that your complaint may leave you with no place to stay.
You want the Department of Public Works for your city/town/village, which will have a department in charge of seeing that buildings remain up to code--rentals included. Document everything and arrange for them to come out and inspect.
posted by thomas j wise at 1:28 PM on September 12, 2010
You want the Department of Public Works for your city/town/village, which will have a department in charge of seeing that buildings remain up to code--rentals included. Document everything and arrange for them to come out and inspect.
posted by thomas j wise at 1:28 PM on September 12, 2010
Best answer: I lived in a pretty decrepit house previously in a different part of the country. After we contacted the local housing inspector, they came around, looked at what was not satisfying code and then took it into their hands to get it sorted out with the landlord. They more or less hinted that we could avoid paying rent until things were fixed. I'm not suggesting non-payment of rent is a good course of action, but the local code inspectors might be a lot of help, and also be on your side.
posted by a womble is an active kind of sloth at 1:33 PM on September 12, 2010
posted by a womble is an active kind of sloth at 1:33 PM on September 12, 2010
Realistically speaking, if your landlord has let these things go for a year or more, there's very little chance there's anything you can do to motivate your landlord to make all the changes you want taken care of before you move out in a few months. The practical course of action is to leave ASAP, preferably before winter.
In the meantime, regarding #7 on your list... where is the dryer located? If it's near a window, you can pretty easily install a dryer vent hose on the back of the dryer and run it out the window. It's just a matter of attaching the hose to the back of the dryer with a hose clamp that you tighten with a screwdriver, then running the other end of the hose wherever you want the exhaust to go... ideally, there'd be a vent in place that you could clamp on to, but if not, even opening a window and just dropping the hose outside would be an improvement. BTW, not to alarm you any further, but if your dryer runs on natural gas, venting into the house releases carbon monoxide.
posted by MegoSteve at 2:18 PM on September 12, 2010
In the meantime, regarding #7 on your list... where is the dryer located? If it's near a window, you can pretty easily install a dryer vent hose on the back of the dryer and run it out the window. It's just a matter of attaching the hose to the back of the dryer with a hose clamp that you tighten with a screwdriver, then running the other end of the hose wherever you want the exhaust to go... ideally, there'd be a vent in place that you could clamp on to, but if not, even opening a window and just dropping the hose outside would be an improvement. BTW, not to alarm you any further, but if your dryer runs on natural gas, venting into the house releases carbon monoxide.
posted by MegoSteve at 2:18 PM on September 12, 2010
It sounds like W. Va. law favors the landlord. Even so, call whoever is in the phonebook for legal aid; they usually have expertise in tenant/landlord issues.
I used to be a landlady. I got stuff done faster when the tenant arranged the repair (nothing even close to this scope) and you have nothing to lose by calling landlady and saying "there are serious issues with the house. I'm willing to do the legwork of getting it done, if you'll pay for it. Whaddaya say?"
Call the town or county safety/building folks, and get the water tested, asap.
posted by theora55 at 3:18 PM on September 12, 2010
I used to be a landlady. I got stuff done faster when the tenant arranged the repair (nothing even close to this scope) and you have nothing to lose by calling landlady and saying "there are serious issues with the house. I'm willing to do the legwork of getting it done, if you'll pay for it. Whaddaya say?"
Call the town or county safety/building folks, and get the water tested, asap.
posted by theora55 at 3:18 PM on September 12, 2010
There's a good chance that your house doesn't meet code and if you complain, you will have to move out, because it's illegal to rent a house (AFAIK in all states) that doesn't meet applicable codes. If you want an easy way to break your lease, this might work. You really need to at least talk to a tenants' rights org, if not a lawyer.
posted by elpea at 3:18 PM on September 12, 2010
posted by elpea at 3:18 PM on September 12, 2010
On 3); call your local utility; they'll come by and cut off your power until it's fixed.
On 9); cellulose insulation is shredded then pulped paper mixed with a binder to reduce eddy currents IE: exactly what you have described. I'm not sure there is anywhere that sets standards on rental heating efficiency as long as snow doesn't blow into the house. In fact most rental property has very capital cheap fixtures and mechanics; it's one of the "hidden" drawbacks of renting vs. owning.
Most of these sorts of deficiencies should have been apparent when you first moved in; you might want to consider having a handy friend or even a professional vet your new place before you move.
posted by Mitheral at 3:38 PM on September 12, 2010
On 9); cellulose insulation is shredded then pulped paper mixed with a binder to reduce eddy currents IE: exactly what you have described. I'm not sure there is anywhere that sets standards on rental heating efficiency as long as snow doesn't blow into the house. In fact most rental property has very capital cheap fixtures and mechanics; it's one of the "hidden" drawbacks of renting vs. owning.
Most of these sorts of deficiencies should have been apparent when you first moved in; you might want to consider having a handy friend or even a professional vet your new place before you move.
posted by Mitheral at 3:38 PM on September 12, 2010
Best answer: Anecdata from someone who lived in a very sketchy [but cheap] apartment with some serious code violations. I reported my landlord to the housing authority for having a furnace that was unsafe [blowing carbon monoxide into the house]. He suggested space heaters as an alternative [heat was free w/ rent, electric was my responsibility, I said no]. I complained and was evicted, like literally given a few days to move out [I got them to extend this a few weeks, but it was sort of amazing how fast they moved] because the house was basically condemned. SO, the good news was that my landlord needed to pay my moving expenses which were not insubstantial because I had t omove. The bad news was this all happened sort of fast and was inconvenient and etc. I had some good advice from the local tenant's union and that's probably what you need.
I'd separate the annoying from the dangerous and really PUSH on the dangerous but don't deduct anything from the rent without being really really clear that it's legal to do that where you live, in many places it isn't.
posted by jessamyn at 4:21 PM on September 12, 2010
I'd separate the annoying from the dangerous and really PUSH on the dangerous but don't deduct anything from the rent without being really really clear that it's legal to do that where you live, in many places it isn't.
posted by jessamyn at 4:21 PM on September 12, 2010
I can tell you first hand that calling the city or county housing inspector will get you some results. My wife and I had similar, if far less severe, issues with a place we rented. We were planning on moving out but didn't want the landlord to be able to rent the place to anyone else. In other words, we felt it was the right thing to do.
We asked a county sheriff deputy (he was there for a different issue with the neighbors) what we should do and he suggested calling the housing inspector.
The inspector came, looked a bunch of stuff, took pictures, wrote down a bunch of notes, and scowled and shook his head a lot. Shortly thereafter, stuff started getting fixed.
I would also take a bunch of pictures and notes and see if you can get copies of any documentation that the authorities create on the off chance that you get sick later and it was living there that did it or if you withhold rent and need to show up in court or if you end up in court for any reason related to this slum. If can't hurt and any lawyer will tell you, there is no such thing as too much documentation.
You're going to hear this same advice get repeated over and over again, call the inspector. That phone call and talking to him/her when they come to do the inspecting is all of the work you'll have to do and it will get results.
You'll also want to mention the water thing to them since that might be a different department. I would almost (assuming your research into tenant law from Houstonian's post above suggests that you have the right) start washing your clothes and finding some other solution for bathing that doesn't involve the well water and charging your landlady for it. The water is the first thing I would take care of. Since there is a real possibility that your water supply is contaminated with sewage you need to get that figured out first thing Monday morning before you get dysentery or cholera or something.
posted by VTX at 5:14 PM on September 12, 2010
We asked a county sheriff deputy (he was there for a different issue with the neighbors) what we should do and he suggested calling the housing inspector.
The inspector came, looked a bunch of stuff, took pictures, wrote down a bunch of notes, and scowled and shook his head a lot. Shortly thereafter, stuff started getting fixed.
I would also take a bunch of pictures and notes and see if you can get copies of any documentation that the authorities create on the off chance that you get sick later and it was living there that did it or if you withhold rent and need to show up in court or if you end up in court for any reason related to this slum. If can't hurt and any lawyer will tell you, there is no such thing as too much documentation.
You're going to hear this same advice get repeated over and over again, call the inspector. That phone call and talking to him/her when they come to do the inspecting is all of the work you'll have to do and it will get results.
You'll also want to mention the water thing to them since that might be a different department. I would almost (assuming your research into tenant law from Houstonian's post above suggests that you have the right) start washing your clothes and finding some other solution for bathing that doesn't involve the well water and charging your landlady for it. The water is the first thing I would take care of. Since there is a real possibility that your water supply is contaminated with sewage you need to get that figured out first thing Monday morning before you get dysentery or cholera or something.
posted by VTX at 5:14 PM on September 12, 2010
If you wish I'll send a complete list of correspondence I had with some real estate agents when I was having a fight them over renting a house with urine-soaked carpets. While this is under Australian/Australian Capital Territory jurisdiction, and the law quoted won't apply to you, the formats and arguments might be of use.
(I had to live in the kitchen for 7 weeks after discovering that the agents had aired the house and masked the urine odours after failing to previously inspect the house and force the previous tenants to pay up for wrecking the carpets. I made the landlord replace all the carpets, have the floor disinfected, AND got a reduction in rent for the time I couldn't use 30% of the house. It was still a massive PITA though.)
Anyway if you're interested, MeMail me.
posted by flutable at 1:22 AM on September 13, 2010
(I had to live in the kitchen for 7 weeks after discovering that the agents had aired the house and masked the urine odours after failing to previously inspect the house and force the previous tenants to pay up for wrecking the carpets. I made the landlord replace all the carpets, have the floor disinfected, AND got a reduction in rent for the time I couldn't use 30% of the house. It was still a massive PITA though.)
Anyway if you're interested, MeMail me.
posted by flutable at 1:22 AM on September 13, 2010
This thread is closed to new comments.
posted by ixohoxi at 12:59 PM on September 12, 2010