RPA Tenant Rights Blog » Uncategorized » Can landlord still evict sfter we already moved out of uninhabitable ?

Can landlord still evict sfter we already moved out of uninhabitable ?

By cowgirlsassy

Our landlord rented out his unihabitable home knowing city wouldn’t approve it as a rental unless items were fixed and brought up to code. The known issues were not disclosed to us as tenants prior to moving in or while we were occupying residence. This was just so he could have a free source of income at our expense. My husband and I were exposed to toxic mold and parasites dramatically affecting our health, both of us with chronic didrses we already deal withyj. my husbabd has Parkinsons and I have Fibromyalgia, Arthritis and Degenerative Disc Disease and we are still 8 months later fighting mold related health issues. Having chronic illness is a challenge in itself, but mold and parasitic involvement is too much to deal with, This rental home caused significant financial loss. Also we left with nothing but clothes on our back. We couldn’t move them until somone deemed them safe.  All of our personal belongings gone, due to his negligence. He refused to fix any of the issues we brought to his attention, especially the leaking roof in the living room that was caving in after a year, the air conditoning went out in 105 degree weather during summer in July, the sewer drainage issues flooding toilet twice into the hall and bedrooms, and wouldn’t allow water damaged carpets to be thrown away, They eventuall turning them moldy and we ended up taking them out also. Also paid for huge oak in front to be trimmed, so that it was safe, not a danger to anyone near it.  Can he evict us for withholding rent when we repeatedly asked that repairs be made and he refused to honor them. We the tenants  made numerous repairs to home, due to his unwillingness to fix anything. Are we entitled to get our money back plus damages, since he was not renting this home out legally? I mean he did not even give them a lease until they had resided in the home for 2 weeks and were unable to turn water on unless a lease showed us as renters for the water dept. Technically we were constructively evicted and moved out due to the unhealthful conditions and somehow The landlord got jugde to honor that eviction judgement plus he sued for unpaid rent in eviction court. Like I said, we had already moved out. My husband and I were not living at his home for an entire month before being served 3 day quit or pay notice. Never got a 30 day notice as it is spose to be served before quit or pay. He had wrong dates on his lease as to when we moved in, his stating it was in 2008 and our lease stating 2009.  Our former next door neighbor at this rental home saw someone tack the 3 day notice on door of landlords rental house, instead of hand delivering it to us, the former tenants, in person. He knew we had already vacated the house and would have never seen the notice if it was left on the door of our former home. He had been keeping an eye on the place as we had left and would never have known about case, if we had been absent from court hearing and the judgement would have raked in extra charges in landlords favor. He was suing for an unheard amount saying we were 7 months in the arrears plus interest. The $700 a month rent he said we owed to him and would have made more money at our  expense had we not showed up at the hearing. The man called my hubby everymonth once or more asking when he could get our rent knowing full well it was first payday every month. Then he harassed us after I called code enforcement and told spouse he could stay but I had to move out. Always talked only to my spouse trying to make special deals all the time on getting his rent paid when he needed the money instead of agreed due dates. Played on hubby’s slowness in thinking , his sympathies abd true belief in what is said is true. has unclear thinking due to his illness, and poor to use us for his own personal gain financially. How can a JOP judge legally give us this decision in court at all being the fact Code enforcement came and inspected home at our ,  request. The inspector planned to condemn home in 10 days if list of repairs weren’t made and The home registered as a rental with the city. All items code enforcement wanted done, we also did and paid for. The home would have been shut down and us homeless otherwise. he als charged his fire alarms and carbon monoxide detectors to our bank account without our permission. There are more incidents with this homeowner I have not listed here. So numerous I do not want to take up alot of it unless this is a fightable situation and if so, I will add on the rest.                                                                                                                                                                                                                                          So now this is on                                                                                                                                                                                                                                               My husband’s record as an actual eviction and judgement for back rent we did not owe.  Right now we are in an uninhabitable apt with some similar issues as we experienced at the rental home. It was only place that would take us at the time we needed to evacuate with our lives from his home. We need to move to another apartment before we are physically and financially ruined. This is holding us from doing so. Also I want to know if we have any money coming back since all was done illegally on his part. Everything was paid for out of our pocket,  repairs ourselves on top of paying rent with no repair deductions. There are also issues to be resolved with this apt we live in now and its landlords negligence causing unsafe living conditions after we handle this home issue first. Where do we go from here?Thank you,cowgirlsassy.
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Holy Cow, we couldn't find any other related post. Sorry. :(

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Edited on: Thursday, May 9th, 2013 3:56 pm
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