What Is The Legal Liability For A Property Manager Who Uses Threat Of Eviction To Force Tenants To Labor Without Pay?

[Hennessy]

For example: A family enters into a rental contract which obligates the home manager to repair broken fixtures and appliances. Then the sprinkler plumbing fails and the lawn starts to die for lack of water tremendously impacting the top quality of life. The house management firm claims the owner refuses to spend for the repair and threatens the renter with eviction if they do not hand water the house. The renter objects and is again threatened with eviction.Certainly the renter can think about the contract null and void nevertheless moving an elderly couple is difficult and expensive. What legal treatments does the elderly couple have?

[Fionn]

Many people rent so that they can AVOID lawncare issues in the first place. I'm not a lawyer, but this soundsl ike a breach of contract on the Landlord's part. And are the tenants expected to hook ahose up to their kitchen sink or what? Next thing you know, the landlord will be demanding that the tenants also mow the grass and fertilize the flowers.To threaten eviction over dead grass(that isn't even the tenants' fault), and to deny repairs sounds like you've got a cheap and shady landlord on your hands.I'd recommend you get a contract lawyer to review the lease and take it from there.... You can't just "consider the contract null and void" on your own -- even if the landlord/property manager has violated the terms. You have to have a legal leg to stand on. If the elderly people were to move out because the landlord violated the rental contract with his actions, they would still be financially liable for rent(unles subletting is allowed) unless they have something from the courts releasing them from the contract.

[engelbert96]

Babalooga65 said: 1 Many people rent so that they can AVOID lawncare issues in the first place. I'm not a lawyer, but this soundsl ike a breach of contract on the Landlord's part. And are the tenants expected to hook ahose up to their kitchen sink or what? Next thing you know, the landlord will be demanding that the tenants also mow the grass and fertilize the flowers.To threaten eviction over dead grass(that isn't even the tenants' fault), and to deny repairs sounds like you've got a cheap and shady landlord on your hands.I'd recommend you get a contract lawyer to review the lease and take it from there.... You can't just "consider the contract null and void" on your own -- even if the landlord/property manager has violated the terms. You have to have a legal leg to stand on. If the elderly people were to move out because the landlord violated the rental contract with his actions, they would still be financially liable for rent(unles subletting is allowed) unless they have something from the courts releasing them from the contract. 51 months ago

[maelisa]

You have the contract. Sue the owner. Include in the lawsuit request for an injunction barring the landlord from any eviction proceedings until this suit is settled. Once it's settled, he'll obviously try to evict again. Then you sue him for harrassment, again seeking an injunction barring landlord from any eviction proceedings until the suit is settled. Basically, your landlord appears to love money. Therefore, money must be used to teach him to play nice. Generally, filing a suit doesn't cost that much and one can sue for court costs as well. It's a fair "gamble" because you have the contract that he's not obeying. If it means anything, I had a similar thing with our former landlord with the mere idea that I had to pay for the water that he required be used to water the lawn. The guy was very cranky(alcoholic) and God got us out of there. Mainly, I'd recommend that method. danielpauldavis 51 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[emmanuil54]

The law is black and white on this issue, Paper I mean.   It?s called a move in/ move out form. Every party that signs a contract for the purpose of rental on real property, will have a move in / move out inspection form provided by the property manager/ landloard. This form is to be given to the tenant. The walk through is to be done by both tenant and manager, all damage to the entire property is to be listed, then signed by both parties. A copy is to be kept by both parties.    Note: this is to protect the tenant from paying for exsisting damage to the property at the time of move out.   The broken sprinkler for the grass should have be listed as broken on the move in/ move out sheet. If the lease stated that the sprinkler was broken and the tenant was to hand water the grass to keep it green then the tenant is liable to pay for the damage to the grass. Remember either party could pay for lawn care service.   At the time of move out, the process is done again. Any damages not listed on the move in/move out form are the liabilites of the tenant. Since the new damages were not there at the time the tenant moved in, the tenant is liable for the repairs.This protects both the tenant and the landlord.   If, no form was EVER SIGNED, and the matter goes to court. The judge will find the property manger at fault and the liability falls to the manager, for not following the law. If the repair falls under a life matter I.E. broken plumbing, leaky roof, or broken heater. The judge will order the repairs be done under violation of the court. The judge can even make the property managment pay for the tenants motel bills until the repairs are complete.   Follow the laws, and you with get the best results possible. The judge can make the contract null and void.

[Vito]

That is clearly a matter for housing court... ..but it may be that the clause in the contract is unenforceable - you may need legal counsel.   On some level, it does seem unrealistic for people to take on that responsibility in a rental.Especially the watering...kinda silly in fact in a rental...dont know that I would sign such a document.   Of course you can make rules, but they really should be reasonable.  What happened to a maintenance fee in the rental contract?   Evicting an older couple for not watering the grass is going to be laughable I think - but get legal counsel. peppercat 51 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Lamar]

Actually, the renter can *NOT* consider the lease null and void just because the grass is dieing; that is an aesthetics issue and not a health or safety issue.  However, on the flip side, if the lease agreement does not state that the tenant is responsible to maintaining the grounds, they the tenant can not be evicted based upon the situation you?re describing.  A judge would laugh that case out of the courtroom.  However, that s not to say that the management company can not cause enough stress that the tenant will want to leave voluntarily.   The tenants, since they are aged, may be able to get low cost legal assistance or find an ombudsman to speak on their behalf with the management company; additionally, a complaint to the BBB and chamber of commerce would be prudent.   My suggestion, find another place to live or deal with the issue.   Schelli's Recommendations The 7 Secrets to Successful Apartment Leasing: Find Quality Renters, Fill Vacancies, and Maximize Your Rental Income Amazon List Price: $18.95 Used from: $7.03 Average Customer Rating: 4.5 out of 5(based on 3 reviews) Schelli 51 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[nario]

Legally speaking The law is black and white on this issue, Paper I mean.   It?s called a move in/ move out form. Every party that signs a contract for the purpose of rental on real property, will have a move in / move out inspection form provided by the property manager/ landloard. This form is to be given to the tenant. The walk through is to be done by both tenant and manager, all damage to the entire property is to be listed, then signed by both parties. A copy is to be kept by both parties.    Note: this is to protect the tenant from paying for exsisting damage to the property at the time of move out.   The broken sprinkler for the grass should have be listed as broken on the move in/ move out sheet. If the lease stated that the sprinkler was broken and the tenant was to hand water the grass to keep it green then the tenant is liable to pay for the damage to the grass. Remember either party could pay for lawn care service.   At the time of move out, the process is done again. Any damages not listed on the move in/move out form are the liabilites of the tenant. Since the new damages were not there at the time the tenant moved in, the tenant is liable for the repairs.This protects both the tenant and the landlord.   If, no form was EVER SIGNED, and the matter goes to court. The judge will find the property manger at fault and the liability falls to the manager, for not following the law. If the repair falls under a life matter I.E. broken plumbing, leaky roof, or broken heater. The judge will order the repairs be done under violation of the court. The judge can even make the property managment pay for the tenants motel bills until the repairs are complete.   Follow the laws, and you with get the best results possible. The judge can make the contract null and void. bob94561 51 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[matyas]

issue and not a health or safety issue.  However, on the flip side, if the lease agreement does not state that the tenant is responsible to maintaining the grounds, they the tenant can not be evicted based upon the situation you?re describing.  A judge would laugh that case out of the courtroom.  However, that s not to say that the management company can not cause enough stress that the tenant will want to leave voluntarily.   The tenants, since they are aged, may be able to get low cost legal assistance or find an ombudsman to speak on their behalf with the management company; additionally, a complaint to the BBB and chamber of commerce would be prudent.   My suggestion, find another place to live or deal with the issue.

[Shannon]

Include in the lawsuit request for an injunction barring the landlord from any eviction proceedings until this suit is settled. Once it's settled, he'll obviously try to evict again. Then you sue him for harrassment, again seeking an injunction barring landlord from any eviction proceedings until the suit is settled. Basically, your landlord appears to love money. Therefore, money must be used to teach him to play nice. Generally, filing a suit doesn't cost that much and one can sue for court costs as well. It's a fair "gamble" because you have the contract that he's not obeying. If it means anything, I had a similar thing with our former landlord with the mere idea that I had to pay for the water that he required be used to water the lawn. The guy was very cranky(alcoholic) and God got us out of there. Mainly, I'd recommend that method.