Legal help

[Dark Asylumn]

any member here have any legal advise background on the right of tenants and leases  my landlord is tring to raise my rent or evict me bc she is saying I am using to much electricity and propane.   I have 4 months left on my lease and "she is good friends with the judge we will be going infront of for the eviction process.  I pay my rent on time my house stays at about 70 degrees  and her words are I should be bundled up wearing thermals and a coat while I am relaxing in my house. There is a clause in the lease that states they may raise the rent if we use excess utilities. Which I took as excess utilities not what is needed to stay comfortable.  our holding tank (for sewage) is 2000 galons and it has to be pumped every 23-25 days  there is 2 of us in the house national average is 70-100 gallons per person per day.  we dont use near that but according to her that is excessive also,  I mean we cant flush our toilet but 4 times a day and still we are using too much. I dont want to move yet  as I hate moving but I need advice to handle this  especially since the judge is her friend.   and yes I am aware that "the bitch is just crazy" but somehow I dont think that will hold up in court

 

thank you all for any advice you can give me

[Blackbart]

This has been an abnormally cold winter so it just reasons that utility use and cost are going to be higher than normal. If you are Keeping your home at 70 degrees you are actually lower than what is considered room temperature (72 degrees). As far as water usage you already have the statistics to use in your favor. I wish you luck. If it were me I would move just to get away from the wack job but its your choice...

[Dark Asylumn]

I tried the reasoning with her but that didnt do any good.  I could just move but since november (when we first had disagreements over utilities)  it has become a case of legality I have learned that she has been able to bully people out even though there was a lease, I am stubborn and trying to let her know we arent gonna be pushed around. on dec 23 propane was delivered on dec31 I received a call from her stating that $400 of propane had been used         we left for my families house on dec 22 and didnt return until jan 4 thermostat was set on 60 degrees during that time    oh I should mention I am on a well for water during that time the temp was  -25 for lows and -5 for highs thats farenheit. no pump heaters are used and the water didnt freeze wasnt running or anything that is how much heat is being lost due to holes in the duct work.  I mentioned this and she said bc we are using so much utilities they can afford to fix anything  haha   she now wants us to pay taxes and insurance on her house.   we will probally move after the judge makes his decision   which could be april 1 or all the way to the middle of june   the funny thing is even if the judge rules in april he has to give us 60 days and at that point we would only be 2 weeks from origional lease termination anyways.  but I am still worried about getting evicted   I guess it is a pride thing   my dad    who is a landlord himself told me to let her cut the electricity let the pipes freeze b4 we move  so it would cost her alot to fix. Even though that sound funny as hell being without electricity would kill my fragile fish  (which we are giving back to the pet store when we move due to the length of the trip). I cant let her win  there it is again  a statement of pride.  Thank you for the response bart as it is always good to not be the only one thinking someone is crazy  sorry for the book

[Caper]

if you have signed a lease for X ammount of doallars she can't raise the rent for the year, she has to give you in writting that your costs are going to be going up. I beleive that term is 3 months. Also she can only raise the amount by a percentage of about 4% depending where you live. Sounds to me like you have a landloard that may need to see a doctor, due to mixing up her medication.

[Brotrinde]

I have no advice to make cause in Germany things flipped upside down and the landlord has no rights. But it shows how good the choice was to buy us our own home. anyway I wish you all the best - IMHO you are right and she is a ~#ß*h who just wants to live on YOUR expenses.

[ShadowLady]

If her friend is a Judge, then he/she would know it is a conflict of interest to hear that case and have to let another unbiased Judge rule. I doubt he/she would feel the friendship is worth the risk of losing their job over a landlord wanting to evict someone over "utility usage" when this has been an unseasonably cold winter in the lower states.  She would have to provide records of previous tenants utility costs and it sounds like her building isn't adequately insulated and the costs are her fault as building owner.  If it is "Her Friend" and they do find in her favor, then you can claim a mis-trial due to the conflict of interest.

 

(I'm no legal guru, so you could go do some googling on tenant rights etc in your state and see what it says)

 

-Shadow

[RickJames]

Concerns Regarding Tenant Rights

Read the bold underlined statement and check with your local state laws on it.  Its about 3/4 of the way down in my post.

 

Commonly asked questions regarding tenant rights usually deal with security deposits, deductions from security deposits and the eviction process. Some tenants are also concerned with their tenant rights in regard to rent increases and other charges or rules that they may be presented with.

 

Some renters ask what their tenant rights are regarding the application process of renting a property in regard to criminal and background checks required by the landlord as well as credit checks.

 

In most states, a landlord can request background checks and credit reports on prospective tenants without violating landlord tenant rights and a criminal record or bad credit is reason to deny the rental of the property to the applicant.

 

Most state laws that set forth landlord tenant rights limit the amount of a security deposit that can be taken as well as what can be deducted from the deposits. Generally, renters are not responsible for normal wear and tear; however, they are responsible for damages to property made while in their possession whether the damages were made by them or their guests. Landlord tenant rights usually address the timeline for the landlord to return the security deposit to the tenant or to make an itemized statement regarding deductions. In some states, the landlord is required to pay interest to the tenant on the amount of the security deposit that is held by them under renters rights laws for the state.

 

The landlord tenant rights in regard to an eviction can be very confusing. Renters rights laws actually protect tenant rights in regard to being thrown out of their home in an unlawful manner. Usually, the process for eviction is specifically lined out in renters rights law that is easily understood by attorneys who practice law concerning landlord tenant rights. If you are tenant facing eviction, it is a good idea to have a specialized attorney in order to protect your tenant rights.

 

Unknown to most renters, tenant rights usually include a clause that landlords cannot retaliate against a tenant by evicting them or raising the rent because the tenants request repairs that are the duty of the landlord or lodges a complaint. If you receive an eviction notice or an increased rent statement shortly after requesting repairs or complaining to the landlord, it may be in your best interest to consult with an attorney who specializes in landlord tenant rights in regard to retaliatory actions taken by the landlord. Renters rights and duties generally include requesting needed repairs that affect the safety and health of tenants or the livability of the property. Retaliating against the tenant for doing so is unacceptable under most laws that deal with landlord tenant rights.

 

Often, a lease or rental agreement states that the tenant will be responsible for a fee if payment is received late or in the event of insufficient funds regarding the rent payment. Occasionally, tenant rights will limit the amount that tenants can be charged as late fees or for issuing a bad check to the landlord. In some states, the landlord can actually charge the tenant for damages incurred by the landlord due to the chargeback of the insufficient check without violating tenant rights.

 

Other charges that tenants often think violate their tenant rights include pet deposits. In most instances, a landlord can state in the lease or rental agreement that pets are forbidden from being kept on the rented property. If they allow pets, they can usually make rules in the agreement concerning pets such as limiting the size of the animal or the number of animals that are allowed, demanding that the pet stay outside, etc. In many states, the landlord can require a non-refundable pet deposit without stepping outside laws that protect tenant rights.

 

Many times it is legal and not an intrusion on tenant rights for a landlord to limit the people that live in the rented property and to set guest rules. Many renters think that their renters rights are being violated if a landlord objects to having guests overnight or for an extended time. If such house rules are stated in a lease or rental agreement, they are not necessarily intruding on tenant rights. Violation of terms set forth in the rental agreement or lease is usually grounds for eviction without disregard to tenant rights.

 

Understandingly, tenants usually get perturbed by rent increases and sometimes they feel that the increase is in opposition of their tenants rights. In most states, it is not possible for the landlord raise the rent during the term of lease unless such changes are addressed in the lease agreement. In month-to-month rental agreements, it is usually possible for the landlord to increase the rent with proper notice that is lined out in renters rights laws.

 

Although rent increases are usually allowed in month to month agreements, increasing the rent in a retaliatory manner is a violation of tenant rights in most states. If you feel that your tenant rights are being violated due to retaliation by the landlord, it is in your best interest to contact an attorney that practices law relating to landlord tenant rights. They can advise you what to do to resolve the problem or to be compensated for your troubles.

 

Landlord tenant rights are established in law in order to protect the interests of both the landlord and the tenant. Landlord rights and tenant rights do vary from state to state and in some areas local ordinances may apply. If you have a question concerning renters rights or the rights of a landlord, it is highly advisable that you consult with a lawyer who specializes in protecting landlord tenant rights.

 

Everything that affects the relationship and landlord tenant rights are governed by renters rights law or are dependent on the verbiage in the lease or rental agreement. Some rights can be waived through the process of signing an agreement that contradicts standard tenant rights, so it is a wise decision to have an agreement reviewed by a renters rights attorney before entering a lease or rental agreement.

 

It is also advisable for landlords to have their leases or rental agreements reviewed or developed by an attorney who practices law concerning landlord tenant rights. It is definitely a necessity to have legal advice when evicting tenants to make sure that you don't unintentionally violate their tenant rights as determined by renters rights law.

[RickJames]

Here are some state laws I have found.

California Renters Rights

In the state of California, renters rights are somewhat protected by renters laws regarding rent increases. Whether or not increases are allowed is dependent on the text in the rental agreement. If a landlord decides to raise the rent in a month-to-month agreement and the agreement allows for it, renters rights dictate that they have to give the tenant advance notice thirty days before the increase goes into effect if the increase is ten percent or less. If the increase is more than ten percent, renters rights require that the landlord give the tenant notice sixty days before the effective date. Renters rights require such a notice to be in writing and if it is mailed by first class mail instead of delivered, an additional five days has to be added the time of notice. In some areas there are local rent control ordinances that can regulate the amount, terms and notification regarding increases. A lawyer who specializes in renters laws can give you advice on both the state laws and local ordinances when it comes to your renters rights on rent increases in California.

 

Texas Renters Rights

In Texas, leases are popular among landlords and tenants. Landlords like leases because it assures them that they have the ability to collect rent for a specific set of time. Tenants like it because the terms of a lease cannot be changed during the term of the lease without their consent. These renters rights protect the tenant from rent increases during the term of the lease so it is advantageous to them if they intend to live there for the amount of time that the lease covers. Texas renters rights can be very confusing, so it is in your best interest to talk to an attorney who specializes in renters laws in the state of Texas to become aware of your tenant rights. For instance, some notices have to be signed by both parties to a rent or lease agreement while other notices become effective without signing it. Most notices, by the landlord or the tenant require a thirty day advance notice; however, legal advice is always the best way to find out about your renters rights and the process to be taken regarding rent increases, termination and so forth.

 

Florida Renters Rights

Florida renters rights protect the tenant from retaliatory rent increases by the landlord. In a brief read of the renters laws and renters rights, it doesn't appear that there are laws regulating rent increases in Florida; however, at any rate the best advice comes from an attorney who is familiar with the renters laws and renters rights in the state of Florida. It is senseless to rely on hearsay when it comes to your renters rights when it so easy to get professional advice about your tenant rights.

 

Pennsylvania Renters Rights

In regard to rent increases in Pennsylvania, a lease can be modified if agreed to by both the landlord and the tenant. Also, the lease can contain a clause or section that addresses changes or modifications to a lease which addresses notice requirements and effective dates. Pennsylvania renters rights and renters laws can be very confusing and it seems that when compared to other state renters laws that the state of Pennsylvania favors tenant rights. If you have an issue with renters rights in Pennsylvania, it is definitely recommended that you consult with an attorney to find out exactly what your tenant rights are when considering the lease or rental agreement.

 

Ohio Renters Rights

Ohio renters rights protect tenants from rent increases during the term of a written lease. In a month-to-month rental agreement, rent can be increased with 30 days notice. Tenant rights are not as stringent as they are in some other states because in Ohio there are no rent control ordinances like there are in California. Renters rights do restrict landlords from raising the rent in retaliation, just like they do in Florida.

 

Michigan Renters Rights

Michigan renters rights prevent the landlord from increasing the rent during the lease unless the lease contains specific language in the lease terms that allow for rent increases during the term of the lease. Tenant rights in the state of Michigan require that the landlord give the tenant written notice of a rent increase one period in advance on a rental agreement. For instance, on a month-to-month rental agreement, a month's notice is required while on a week to week agreement, one week's notice is required.

 

New York Renters Rights

In regard to renters rights concerning rent increases in New York, it is definitely a good idea to consult with an attorney who specializes in renters laws. Many cities in the state of a New York have rent control or rent stabilization regulations or ordinances. The applicability of rent control and rent stabilization terms depend on the type of rental unit, when it was built, how long the tenant has lived there, etc. The tenant rights in the state of New York and the subjectivity to rent control or rent stabilization is definitely a unique experience that is dependent on a lot of details. A renters laws attorney can take the gray area and make it black and white for you if you are concerned with rent increases when renting in New York.

 

Georgia Renters Rights

Renters rights in the state of Georgia concerning rent increases are somewhat original when compared to tenant rights in other states. In Georgia, the terms of the lease determine whether or not the landlord can raise the rent before expiration of the lease. If a lease is not in existence, a rent increase on a rental agreement requires that the landlord give the tenant notice of a rent increase sixty days in advance. Georgia renters laws also make it possible for landlords to charge the tenant a fee regarding receiving a bad check for rent and to collect damages that occurred due to that bad check, which is also original because in most states the damages from a check being returned for insufficient funds are not collectable from the renter.

 

Arizona Renters Rights

Arizona renters rights concerning rent increases are pretty standard and comparable to most of the other states. In regard to leases, rent can be raised only if addressed in the lease agreement or it has to do with increases in transaction privilege tax. In a month-to-month rental agreement the landlord can raise the rent after giving the tenant notice of the increase a month in advance. If you have questions concerning tenant rights in rent increases in Arizona, it is advisable to contact an attorney who specializes in Arizona renters laws.

 

North Carolina Renters Rights

North Carolina renters rights concerning rent increases are pretty much dependent on the terms of the lease agreement. Rent increases cannot happen in a lease arrangement unless that tenant right is bargained away in the terms of the lease. Such protections do not exist for month-to-month rental agreements. Most lease agreements adhere to the standard of an agreement transitioning to month-to-month rental agreement after the expiration of the lease, but if not, if a landlord accepts a rental payment after the expiration of the lease at the same rate covered by the lease, they have effectively renewed the lease at the same rate stated in the lease. If you have questions regarding tenant rights in the state of North Carolina, consulting with an attorney who practices renters laws is recommended.

[Dark Asylumn]

Thank you all for your responses  especially you rick that is alot of good information in there

[RuStY]

Yeah, nice info Rick.  I guess it looks like it cant be raised in a contract period, if she miscalculated the power & gas use, in my mind thats not your fault.  I agree with Blackbart, get the f out of there but I understand some people cant just up and leave. 

 

Is there alot of empty places where you live?  If so , maybe threaten to just leave and maybe she will take what she has been getting or nuthin.

 

I wish you luck bud!

[BobCalli]

Nothing like legal help from a bunch of idiots   Seriously though, I would put this entitled cunt through the fucking ringer as best you can.  As shadow said, any judge worth his or her salt would not hear the case of a friend and she is using that part just to try to intimidate you.  Stay strong and I hope this bitch gets hers.

[Dark Asylumn]

thank you cali for the kind words. I hope I am able to put her through it and cost her as much as possible.    We may be idiots but we are THE idiots.   never mess with a group of idiots as we dont even know what we will do

[Mule]

I say turn off the heat while your gone put the fish in a place where they will be ok. And pray for a cold front let the pipes FREEZE as I'm sure there is no min temp settings in the lease. Let her know what freeze tag is all about