Been 3 months, LL not taking action on repairs

[phase08]

What is the name of your state? Ohio

I moved into a new apt. Jan 1 of this yr. (This realty co. gave me a break because I had some old credit issues and not a great credit score. I knew someone who works there, and they agreed to rent to me but I had to pay 2 months security deposit, which was okay by me). Also, I had to make a quick move due to problems with former housemate.

When I looked at the place in mid Dec. the rental agent walked around with me and there were several things I said I wanted repaired/replaced, specifically:

New toilet seat
New bathroom sink (existing one is old/rusty, pretty bad)
Need new shower head (existing one leaks & pressure is bad)
Smoke detector (electric) didn’t work
Need chain latch on back door
2 electrical outlets didn’t work

I was called on Dec. 27, told I could move in (they painted and fixed electrical outlets). They said maintenance hadn’t gotten to the other things yet (holidays, etc) but would do so soon I signed the lease on Dec. 28, got keys. There was an addendum to the lease re: smoke detector stating that if it doesn’t work I should send them a certified letter, which I did. Well, a month later things still hadn’t been fixed or even addressed, and when I called a couple times I got excuses. By the lay, isn’t there a law about mandatory replacement of toilet seats?

So I bought a battery operated smoke detector, and sent them a copy of the receipt. Nothing happened. I got a letter a month ago (which apparently was sent to all tenants) saying we would be hearing something soon about a new “maintenance coordinator”, but never heard anymore. I sent copy of that letter to them, asked "what's the status of this?", no reply.

Of course I pay rent – on time. I like my place, but I’m sick and tired of being ignored. The smoke detector and chain latch are safety issues. As far as the other things, they’ve had plenty of time. I want to keep a decent relationship, but I’m considering sending them a certified letter and putting rent into escrow.

Any advice or suggestions? Thanks.

 

[CA LL]

Other than the smoke detector, which you said you went ahead and bought a battery one (how did you know the electric one didn't work - sometimes their test feature is a bit more difficult to "trip" on than the battery ones) and what they DID fix (electrical outlets) none of the other issues are required for habitability.

NO there is no law about toilet seats being replaced. Nor sinks that you don't find "attractive". If you look at what you have IN WRITING, probably somewhere either in your lease and/or a condition checklist you accepted the property as is when you moved in other than the electrical outlets which they did correct. A chain latch is NOT required in any state I know of so unless you can point to a statute of Ohio law (or local) I don't think you can insist on that. As long as the door locks, it is likely "code".

What do you have in writing stating these things would be done? Nothing? Then I wouldn't hold your breath and for sure I wouldn't withhold rent. The smoke detector you bought likely cost less than $10. I would try to get a response on that one. But the rest..you may or may not get them done.

You should never move into a place unless you accept it as is. You should always make sure and put any concerns in writing and get a written reply. You admit that you "got a break" as you would not have qualified at a "regular" apartment place due to very bad credit and needed to move ASAP due to an issue with a former roommate. That does not take away from the fact that all agreements should have been in writing when you moved in.

Shower head may just be low flow...and most leak for a while after shut off unless tilted down at the end of the shower. If it drips 24/7 after shutting off hot/cold water, then it's not the head, it is the shower parts that need repair.

None of the items you mentioned justify withholding rent into escrow. You might get reimbursement for the $10< smoke detector IF the electric one proves to be really broken.

 

[phase08]

As far as the elec smoke detector, I had 2 people test it and they took the cover off. It is disty/dirty inside, does not work, and probably hasn't worked in a long time. The cost of a new (battery operated) one was $15.00, no reply about this. Also, I don't understand why such a big deal was made of this in a lease addemdum (other than to cover themselves). But I was without a smoke detector for over a month until I bought one myself, after informing them in writing CRR theirs did not work.

RE: chain latch, there are small holes/evidence that there was a chain latch there before. Front door has one. I was told that they would put in a work order (2 months ago), and nothing ever happened on that.

The condition checklist I submitted specified all the itmes in my first post. But the leasing rep never signed it. I asked about this, and no reply.

 

[BL]

If the sink don't leak , they have no duty to repair/replace it .

A chain link for safety ? really think hard on that one . If you want it so no one can open the door when you're home get a door stopper , one that buts up under the knob , and to the floor on an angle.

The shower head can be a do it yourself , unless with reasonable force it won't screw off .

You should have had all those issues in writing and signed .

Oh toilet seat cover . Do it yourself .

No sense in complaining , if they won't replace these items .

It amazes me that renters will buy what they want , but sit there for months complaining about non expensive things they want or need replaced , but the landlord is hard pressed to do .

IE: My girlfriend's now deceased father , a disabled vet , tried to get his LL to replace a cracked toilet seat , it gave him sores . Instead of buying a 6 buck toilet seat and having someone put it on , he went months like that before the LL finally replaced it . Meanwhile he would order collectibles from magazines .

 

[phase08]

It amazes me that renters will buy what they want , but sit there for months complaining about non expensive things they want or need replaced , but the landlord is hard pressed to do .

IE: My girlfriend's now deceased father , a disabled vet , tried to get his LL to replace a cracked toilet seat , it gave him sores . Instead of buying a 6 buck toilet seat and having someone put it on , he went months like that before the LL finally replaced it . Meanwhile he would order collectibles from magazines .

All issues WERE in writing, as previously stated.

1) I bought a smoke detector, because - well yeah, I "wanted" it and the reason I wanted it is because it's my understanding that it wakes a person up if the place catches fire.

2) Sure, I could &#8220;buy&#8221; a new sink, toilet seat, shower head, door stopper or chain lock, and then pay someone to install those things. Sure, I &#8220;want&#8221; those things. But why should I have to do that? Esp when I was told those things would be taken care of. And if I did buy those things &#8211; those things that I &#8220;want&#8221;, will they reimburse me? Can I legally deduct from rent?

3) I have no idea what relevance your gf's deceased father has to anything that I posted, It's obvious you still harbor anger towards him, most likely for things I don't even want to hear about.

4) Lastly, re: your inference that I'm probably spending money on expensive, wasteful things is ignorant and your sidestepping (lame) analogy again relates to your anger re: your gf's father and obviously lots of other things - none of which interest me.

 

[applecruncher]

Why not try this:

Write a polite letter summarizing the things you want fixed. You say the sink is really bad (I’ll take your word for it, not that you just don’t like the way it looks) and mention in the letter that when you looked at the apt. on (date) the sink, toilet seat (and whatever else) were discussed with (name of leasing agent). Attach another copy of smoke detector receipt and copy of the lease addendum re: smoke detector and copy of your certified receipt regarding that issue. Remember – polite and professional.

Of course, if they had no intention of taking care of those things, they should have told you instead of giving excuses and then ignoring you. But they didn’t, and I don’t understand why. I’m also not understanding the letter they sent re: some new “maintenance coodinator”.

Anyway, send that summary letter with your next rent check. Give it a week or so. Then stop into the office (don’t call in advance) and ask to speak to someone about these issues and try to get some answers as to how this can be worked out and when. If no one is available, try again on another day. You might get some resolution on a few of the things. Others you’ll have to take care of yourself (for those send more copies of more receipts).

Keep at it. Persistence often pays off.

 

[CA LL]

NO..do NOT buy those things and install as if you read your lease, it likely says no unauthorized repairs by the tenant are allowed!

So do you have something in writing FROM THEM stating they will do those things?

Probably not.

Again..NONE are issues of habitability except what they DID fix and IF your smoke detector really was broken (not just dusty/dirty)....if you paid $15 you paid too much : )

 

[BL]

All issues WERE in writing, as previously stated.

1) I bought a smoke detector, because - well yeah, I "wanted" it and the reason I wanted it is because it's my understanding that it wakes a person up if the place catches fire.

2) Sure, I could &#8220;buy&#8221; a new sink, toilet seat, shower head, door stopper or chain lock, and then pay someone to install those things. Sure, I &#8220;want&#8221; those things. But why should I have to do that? Esp when I was told those things would be taken care of. And if I did buy those things &#8211; those things that I &#8220;want&#8221;, will they reimburse me? Can I legally deduct from rent?

3) I have no idea what relevance your gf's deceased father has to anything that I posted, It's obvious you still harbor anger towards him, most likely for things I don't even want to hear about.

4) Lastly, re: your inference that I'm probably spending money on expensive, wasteful things is ignorant and your sidestepping (lame) analogy again relates to your anger re: your gf's father and obviously lots of other things - none of which interest me.

It doesn't matter what I think or thought of my GF's father .

The point I'm trying to make is these are relatively simple do it yourself issues , except the sink .

The old seat , shower head could be put back on when you get ready to move .

I'm a renter and the last place we lived the LL was the same as my GF's father , just a different build . You get the picture ?

Which is it , you got it all in writing , or you were told ?

No , you can't deduct for buying those things .

Why didn't you call build code enforcement on the smoke detector , or the FD to check it out ?

 

[OHlandlord]

Your issues are not habitability issues. You may not rent withold by OH law for these things. In rent withholding, it must be paid to the clerk of court in OH or their specified account. No clerk or judge is going to OK rent withholding for these items. It would be grounds for eviction if you did without permission.

Check the smoke detector by twisting it gently (look at the diagram on the bracket), it should come off the bracket. Check to see that the plug is inserted completely into the clip. Many tenants simply unplug this when they want to smoke or if it goes off when cooking. Also, check the battery backup in it. Most electric SDs also have a battery backup that needs to be in place. It could be something as simple as being unplugged or a dead battery. It may also be a circuit breaker that has flipped off. Try turning it off them back on.

OH law does not require replacement of a toilet seat or a sink as long as they are usable. (You're kidding, right?) Only 2 bolts hold this on if you wish a different one. Just be sure to replace the original one when you vacate. Few LLs would consider changing the toilet seat an unauthorized repair. You wouldn't need to hire anyone to do this.

The showerhead also works, but you don't like the pressure. All showerheads continue to drip water for a period after they are shut off. This is normal. If you want to check/fix it, unscrew the showerhead and soak it in vinegar. Also look inside to see if any debris is in the screen. (If you can't unscrew it, pour the vinegar in a baggie and secure it over the showerhead with a rubber band.) Leave it in vinegar for 10-20 minutes. This should remove the hard water deposits and allow it to flow freely. Then just screw it back on. If it still has low pressure, it may be the water pressure in the building. Otherwise, the showerhead works, which is all OH law requires.

Door latches / chains aren't required by state law. As long as there is a lock on the door, it meets code. Any request beyond that can be denied.

You were "told" that these things would be done. Unfortunately, you don't have that in writing. A verbal agreement like this would never hold up in OH courts. You should have gotten them in writing. If you wish these things, you'll likely have to do them yourself. And no, you can't deduct any of these things from your rent. (They aren't repairs that have been refused, they are improvements.) With the exception perhaps of the smoke detector if the other is actually broken.