Can the LL do this

[LSchmid]

What is the name of your state?WI

My sister moved into a side-by-side townhouse in late Oct., the LL lives on the other side but spends from Oct.-March in AZ.

In late Dec. she received a letter from him stating that he was increasing her rent as he felt her fiance' was living with her because his car was in the driveway too often (he was back for the holidays). After some discussion he admitted that he was wrong as the fiance' does not live there.

FF to April...

He and his wife return and have contacted my sister and informed her that they had the following problems:

1) The kids are too noisy (they are 2 & 4) and he can hear them coming up and down the stairs. He wants them kept quiet.

2) He doesn't like their toys left in the yard (on her side of the property).

3) He doesn't like the horn on the bikes.

It's gotten to the point that she doesn't let the kids out when they are outside.

A couple of weeks ago she came home to find workers on the roof replacing it. She was not given any notice that this was happening and because of the shingles, etc. being thrown from the roof, she couldn't even let the kids outside.

She has found a new place and is paying for the rental ad as she is currently under a lease. At first the LL seemed fine with it but stopped her the other da stating that he wants the past due rent increase from Jan. 1 due to the fiance' issue. She tried explaining to him that he doesn't live there but does help out with the kids when she is working. He didn't want to hear it and expects the money.

My question is, if she refuses to pay it can he keep her security deposit for the rent increase?

 

[ENASNI]

um

was the letter an official notice? like a 30 day increase to pay or something like that?

When you say the LL "contacted" the tenant.. was it orally.. there are breaches of tenancy in the rental contract that can be held to. but usually these breaches are told of in written content.

Sheesh enough of that legal talk... Well a little more. the usual thing is at least 24 hours notice of work being done to a house unless an emergency... The LL can say a roof is an emergency, but I can understand your angst... but that is overwith... yes? get over it.. deal with the other stuff. Answer the questions and someone may help.. someone may give you crap someone may ignore you... I say handle it gracefully as you can... its a full moon and there be monsters here... but I have car problems and a day off.. so as the car problems continue to be unresolved the grumpier I will get.. but I still have the day off.

 

[LSchmid]

In answer to your questions...

1) The initial letter she received stated that he believed there was another adult living on the premises because he felt the car was there too often. It went on to say that if that was the case, he was increasing her rent. After a discussion with him, he relented that the fiance' was NOT living there and wanted the issue dropped. In fact he told my sister to "forget" about the letter.

As for the other contact, it was by telephone.

The last conversation regarding the back rent was him stopping her on her way out of the house, nothing in writing.

Does this help?

 

[BL]

What is the name of your state?WI

My sister moved into a side-by-side townhouse in late Oct., the LL lives on the other side but spends from Oct.-March in AZ.

In late Dec. she received a letter from him stating that he was increasing her rent as he felt her fiance' was living with her because his car was in the driveway too often (he was back for the holidays). After some discussion he admitted that he was wrong as the fiance' does not live there.

FF to April...

He and his wife return and have contacted my sister and informed her that they had the following problems:

1) The kids are too noisy (they are 2 & 4) and he can hear them coming up and down the stairs. He wants them kept quiet.

2) He doesn't like their toys left in the yard (on her side of the property).

3) He doesn't like the horn on the bikes.

It's gotten to the point that she doesn't let the kids out when they are outside.

A couple of weeks ago she came home to find workers on the roof replacing it. She was not given any notice that this was happening and because of the shingles, etc. being thrown from the roof, she couldn't even let the kids outside.

She has found a new place and is paying for the rental ad as she is currently under a lease. At first the LL seemed fine with it but stopped her the other da stating that he wants the past due rent increase from Jan. 1 due to the fiance' issue. She tried explaining to him that he doesn't live there but does help out with the kids when she is working. He didn't want to hear it and expects the money.

My question is, if she refuses to pay it can he keep her security deposit for the rent increase?

No the burden of Proof someone else is living there is on the LL . He is acting as a Babysitter and it's perfectly legal .

As far as the kids playing ,making some noise , Etc . , Tell him if he don't like it and wants you to move , let you out of the lease . Otherwise you are free to live your lives . A LL can not discriminate because of Children .

 

[JETX]

My question is, if she refuses to pay it can he keep her security deposit for the rent increase?

Yes. The raw fact is... the landlord can keep any amount of the security deposit that he/she wants. The only recourse your sister will have in trying to get the improperly withheld deposit (if any) is to go to court and force the landlord to prove his/her deductions are valid.