Saturday, December 8, 2012

Who is responsible for allowing a landlord leasing property illegally?

Q. In the city I live in before leasing or renting property the landlord/owner suppose to have the property inspected prior to moving in. When that's not done they suppose to be fine or possible jail time. Who is respondsible when no action have been taken? How can I make sure he is held responsible for his neilgence and reckless of someone safety and health. Can I hold the city responsible for allowing him to continue leasing unsafe property? Who should I contact and How do I make sure he is held respondsible?

A. The tenant is responsible for protecting their own rights. The tenant should have filed complaints with the city building or housing inspector during the tenancy. If your tenant rights were violated, you can sue the landlord in small claims court for your damages. It may be difficult to prove after the tenancy though.

You can file a complaint with the city. What action the city takes is up to the city. If the city knowingly did not enforce it's building codes, I suppose you could sue the city for negligence. However, you can't hold the city responsible for something it was unaware of.

Good luck!


what do i do if my landlord didn't pay his tax deeds and now the county is forcing eviction?
Q. I've been renting from my landlord for about four months. Just recently the comptroller from my county comes to my house i rent and told me its a possibility i might have to move! do help!
thank you appreciate it.

A. You do not say were you are located. My answer is for the US.

There is a federal law protecting tenants under foreclosure. http://www.tenantstogether.org/downloads/S.896RenterProtections.pdf

If you have a lease the bank is required to honor it. If you do not have a lease then they have to give you 90 days to move. You must keep paying the landlord the rent until the day the bank takes possession then you pay it to the bank.

If it is simply sold and not foreclosed then the new owner is also required to honor your lease. If no lease then they can give you 30 days notice.


Is it usual for the landlord to ask to check your bank statements when you rent?
Q. I live in southern California and am looking at renting when the landlord asked to see my bank statements. I am pretty new at renting and am not sure if that is giving the landlord to much information.

A. I have rented apartments for many years and have NEVER heard of supplying your bank statement, a credit check yes. I would NOT give that out .


Is there any hope for slanted property?
Q. I currently rent a 3 bedroom house and have lived there for years. When we first moved in we didn't notice that the house was at about a 1/2 an inch slant. Well I was so devasted because I had already signed my lease......but we are now used to it and felt no need to move, since we were only renting. My landlord wants to sell now and has given up the first choice to buy. Is that something than can be fixed? If so can will it be expensive. Should we not buy and just move? The house in at the top of an hill on the corner of the street. The slant is through the whole property all the way out into the garage. I believe that my house isn't the only one affected. Is there any hope for the property?

Any advice would be great......Thanks.

A. Wow, improper foundations can be extremely expensive to repair depending for the most part on what they are. Pier and beam, monolithic slab, poured footer with floating slab.

I would strongly consider relocating or have a geologist visit and take some core samples to see if it was shoddy construction or normal settling or something worse.





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