Long gone are the days when a landlord could throw someone out at will. Even if a landlord wanted to do bad, the times we live in pretty much dictate that will not happen.
Much has been said of the problems faced by rentals gone bad. Not much has been said about the good tenants that pay rent and follow the rules. Rules in the rental agreement that are binding on the part of the tenant and the landlord. Mind, tenant problems are not just to found in Waikiki, many who follow me blog are renters as well and the following post might open a few eyes as to what one has the legal right to expect in renting a flat.
Many absent landlords hire an on-site manager. By law, it is required to have an on-site manager if the complex contains a certain number of units. The on-site manager is the legal agent for the landlord and the actions of that on-site manager can be used to force the landlord to keep their end of the rental agreement.
Dear reader, if any moved into a flat and did not read the rules of the agreement, shame on you. Signing a rental agreement is serious business, the rules you do not take the time to read can come back to haunt you. Mind, if you did take the time to read the rental agreement, the rules can also help you to level the playing field if on-site manager fails to enforce them equally.
My dears, the Code Enforcement Department of any city or county is there to serve and protect both the LANDLORD and the TENANT. If problems arise in a flat and there is no response to issues raised, one can always ring up Code Enforcement and file a complaint. Experience has shown this old geezer that giving your name is a real plus, makes the task of getting problems fixed as there are folks out there who will hide identity just to file false frivolous complaints.
On-site managers or absent landlord can not apply rental rules in an arbitrary manner. What is good for the goose is good for the gander. What follows are some of the rules that might not be equally applied and can be used to add weight to any fight with the landlord;
Pets- if allowed, the rules must be equally applied. Size of dog, number of dogs or cats allowed, walking of and removal of poo must be the same for all. That would include tenants and management. No exceptions. Rather think NO PETS is clear enough.
NO GUEST PARKING is another oft broken rule. Folks get right mad when vehicle is towed. Mind, multiple placards notifying do not seem to be read.
Drug Policy- if management has a NO DRUG policy in place, it must be enforced. Moving in with the expectation that management will honour this, gives the tenant right to demand that illegal drugs use be removed from complex.
NO SUBLETTING does not mean that a tenant can move in an army and get away with it.
Peace and Quiet- It is the responsibility to ensure that all tenants have the right to enjoy the complex equally. When this rule is not followed, it is the responsibility of the landlord to enforce it.
My dears, just because one has signed on the dotted line, does not mean one has to allow abuse of rules or conditions to force one out of flat. Landlords or On-Site Managers will quote; "If you do not like it here, move." Quite right but that does not give the landlord or management to do a 'defacto eviction' to get you to move. Every tenant has the right to get wrongs righted. Good or bad, the rules apply to one and all. Most of the problems stem from folks not reading the rules agreed to when moved in and management not enforcing the rules on an equal basis.
When things break in the flat that are not fault of renter, it is the responsibility of the landlord to fix. The management team in place can not read minds, and there must be an effort to write down what is broke and turn in a work order. The tenant has every right to expect that electric and plumbing problems will be fixed according to code. If there is a problem with electric or gas, make sure that it is fixed proper. Gas can kill and electric can cause a fire. Code Enforcement should be called if you feel that serious issues remain in flat that could cause harm to health. Tenants have a responsibility to not abuse plumbing, the loo is not to be used for female products or towels or toys or knives or spoons.
I get emails from folks who ask questions. I am not a lawyer, I do not give legal advice. I can only tell what is right. Reading the rental agreement provides many answers, and there are government agencies available to call to ask questions about health and safety issues. Years of experience have taught this old geezer that following the law, to the letter, makes it easy to look a tenant in the eye and tell them to do what they must if they feel wronged.
Clever landlords know that a happy tenant is a good tenant. Payment of rent is what makes repair and improvement possible. Right daft it be to have all move out of complex. Holding management responsible for the condition of complex is also a good thing. Reporting wrongs to proper authorities makes good sense. Code Enforcement and Section 8 are required by law to ensure that the flat rented is safe and healthy to live in. Local government agencies that govern health issues can be contacted to report neglect. Dog poo, rubbish bins, tree limbs, exterior building lighting, pot holes can all be addressed with proper agencies.
A neighbourhood or complex goes bad if all the good folks move away. One should take heart and stay. Be an urban pioneer and make a difference. Help make the patch of earth you live on a better place to live.
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