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tenant rights?

Old 11-08-2010, 09:14 AM
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My girlfriend is moving out of her appartment in 6 weeks. She told her landlord a couple weeks ago that the floor in the kitchen is rotting out. She is working on her masters thesis right now (graduates in December) and is very busy with it. Apparently her landlord just called her about an hour ago and said everything needs to be moved out of the bottom floor of the appartment by this evening and there will be workers there in the morning to replace the floor. I'm assuming this is going to make her appt. uninhabitable for a few days.

What rights does she have? How much notice is required? Is there anywhere to find legal information for my state?
Old 11-08-2010, 09:55 AM
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Let them fix the floor, it sounds like the landlord is doing the right thing. Why do you want legal advice, because it's going to interrupt her studying? Don't be so frivolous...
Old 11-08-2010, 10:24 AM
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For what it's worth I own 4 properties, the law changes from state to state but in NJ the person renting needs to make "reasonable" acomidation to the landlord for repairs. The devil is in the details as to what is "reasonable". Sounds like he/she is doing the right thing but maybe just playing games and looking to annoy her, you'd know better.

Most states have a tenant rights booklet you can pick up or view online, check it out and see where you stand. But if the landlord has been up and up all along why suspect he/she is being an ass now. I'm sure he would rather fix the place before she moves out so he can turn it over right away and not lose out on rent but that's business.
Old 11-08-2010, 10:48 AM
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Let them fix the floor, it sounds like the landlord is doing the right thing. Why do you want legal advice, because it's going to interrupt her studying? Don't be so frivolous...
It just seems like the landlord should not be able to do that to her. I would think 20 hours of notice is not reasonable for a request like this. We are in different parts of the state until she graduates. She cannot move her couches/washer & dryer/ TV stand... and everything else by herself. She has nowhere to put this stuff. She works from noon to 8 today. Somehow this stuff is all supposed to be done by morning?

She's moving out in 6 weeks anyway, why can't he just wait until the appartment is empty? There are other empty units in the complex so money wouldn't be lost on an empty unit.
Old 11-08-2010, 12:12 PM
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Is she moving into yours? You ready for that?
Old 11-08-2010, 12:33 PM
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Is she moving into yours? You ready for that?
I don't see the relevance here, but no she's not. She's getting her own place, so ya I guess I'm ready for that...
Old 11-08-2010, 12:55 PM
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Given that little notice, I would say no way, unless he wants to move her stuff into one of his empty apts, and back.
Old 11-08-2010, 12:55 PM
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OK she does not have to move her stuff on her own, they want to fix it they have to move it.

20 hrs. is not enough time unless it is a situation where some harm can come to others (I'm not there to see). 72 hrs. is not unreasonable if you ask me, have her lock up personal items and allow them access to the kitchen area.

Again the laws in your/her state dictate what is required, you/she should check them out. For the landlord, waiting 6 weeks may not be an option, he may have a legal situation on his hands. Once my tenant notifies me of a problem I have to respond with action within a certain time frame or I stand the chance of being sued if something goes wrong.

There could be wiring, plumbing issues that if not addressed right away could leed to bigger issues and liabilities.

It's part of life and it happens, let them in and move on.

PS if she does not allow them to get in and something happens (injury more damage) she may be on the hook.
Old 11-08-2010, 04:46 PM
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She doesn't have to do a thing besides letting the workmen into the apartment. Nada.

If the workmen need to move things, then they will. She cannot get charged for these expenses because of the "reasonable and prudent" part of rent laws. 20 hours is neither.

If they don't want to move things on their own and tell the landlord that he needs to get them moved, then the landlord must make provision for moving AND proper storage of the items he deemed necessary to move out.

Furthermore, the landlord cannot make a mess in her apartment. Soft flooring isn't an imminent safety issue...it's long term damage caused by leaks. If he makes a mess and causes the apartment to become uninhabitable, then she has recourse to the landlord.

her best bet is to write the landlord and deny access for reasons stated. Then, if landlord goes along with causing her grief, he's doing so and assuming liability for his actions.

The end.

P.S. I'm a landlord and I call BS on this situation that the landlord has caused.
Old 11-08-2010, 04:55 PM
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Originally Posted by bamaboy473 View Post
She doesn't have to do a thing besides letting the workmen into the apartment. Nada. P.S. I'm a landlord and I call BS on this situation that the landlord has caused.
I too owned rental property in Florida for a little over twenty years, and can tell you the tenants are very well protected from something like this. Hate to say it, but something here is a little fishy...and is beginning to smell....
Old 11-08-2010, 05:24 PM
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She complains that the floor needs repairs, then complains when the landlord wants to fix it??
Old 11-09-2010, 04:14 AM
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On the surface it might read like that, but what if she was breaking the lease and used the floor as a reason? Language in the Lease will tell about her deposit in cases like this.

Where the landlord is wrong is by a revenge thing of fixing things while she's still living there. A rotted floor can take a long time to repair and would normally be done when the unit is empty, wouldn't you say?

Furthermore, what's the reasoning for her having to move everything out of the first floor when the kitchen is the subject? X2 on triumphrick's statement, something is fishy about the story...

Can the OP shed more light on this?
Old 11-09-2010, 04:32 AM
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Ryan:

Start here: it's the Oklahoma Landlord/Tenant Act http://www.tenant.net/Other_Areas/Oklahoma/tenant.html
Old 11-09-2010, 04:46 AM
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The landlord can not give less that 24 hours notice and expect/ demand the tenant to stop everything they are doing to clear out their apartment! What if the tenant was just about to go away on a business trip....what's the landlord going to do, bill the tenant for moving the content? ~ 24 hours just isn't enough time!

And, if the landlord does do the reno's, then the tenant should get a discount on that months rent!!!!!!! X value per day plus inconvenieces.
Old 11-09-2010, 06:16 AM
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I'm not quite sure what y'all mean by something's fishy? Having said that I guess I did jump the gun a little bit. When I talked to her last night she said they're only fixing the kitchen/dining/laundry area (I thought they would fix the whole floor) and not the living room. I guess the only things that need to be moved are washer/dryer, dining table, and a very large china cabinet. Supposedly they can be moved to the living room. This isn't all going to fit and still be liveable, but they at least don't have to be taken out of the house.

I can't imagine why this is the case because the worst part of the floor rot is actually under the carpet in the living room. Anyway, I just told her to box up the china in the china cabinet and call it good. If the workers want to get to the floor they'll move the rest. I guess I'll find out soon enough, they should be there by now.
Old 11-09-2010, 06:21 AM
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We all gave good sound advice, the OP just didn't have all the facts as shown above. The landlord could be punishing her or she could be the one responsible for the damage, we on the sideline just don't know enough.

But once again "The Hull Truth" comes through for a fellow member.
Old 11-09-2010, 06:45 AM
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Just roll with it.

You actually have a landlord that fixes things!
Old 11-09-2010, 09:05 AM
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You actually have a landlord that fixes things
Boy is that the truth. I had a landlord in college that didn't fix anything that didn't absolutely have to be fixed. We had a front door that had no guts to the door knob. The only way to keep the door closed was one of those slide locks. We asked for it for 3 years! This was one of many things like that.

The guy wasn't a dick about it or trying to punish her, he just wanted to get it fixed ASAP. I just texted her, I guess the floor's getting torn up now and lo and behold the workers moved her stuff.
Old 11-09-2010, 11:23 AM
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Landlord is only trying to get the apt in rentable condition prior to her vacating.

He is going to fix floor now. Rent is paid by her during repair time and will be not be delayed (by the floor repairs) when she moves out.

No ill intentions on his part....just smart management skills.

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