Question
Help!? I think my landlord is trying to pull a fast one.?
I have been at my residence since September of last year. My landlords or current property owners and renters have changed a few times over my occupation of the home I am at now. My problem is that I am two months behind and working hard to pay it off. The septic tank behind my house has collapsed in upon itself and the local septic company "Wilson septic" confirmed to me that was the problem on a paid visit and diagnosis. I examined my rental contract to see that the landlord is responsible for anything major pertaining to the condition of the house. After bringing this up with my landlord I received a nasty message. I have received a message that my only option is to vacate the premises though she will not speak to me in person or put her suggestion on paper... I know I am about two months behind on the rent but my real question is: "What is my next move?" Should I leave or challenge this in court?
1 month ago - 6 answers
Best Answer
Chosen by Asker
Challenge what? You are 2 months behind, and living rent free. You would look like a fool in court. If I were your landlord, I would give you a 3 day notice to pay or quit, then move to evict you. If you are thinking you can live there rent free because the septic is busted, think again. You were probably behind on rent before that happened. If you tried to sue, expect the landlord to file a countersuit and win for the rent you owe and whatever else they can come up with. What I find interesting, is you expect the landlord to fix the septic, but you haven't paid rent in 2 months. Did you ever think maybe the landlord doesn't have the money to do that since you aren't paying rent since last summer?
1 month ago
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Other Answers
Replacing a septic tank can cost $30,000. Your landlord is probably in shock about having to come up with that kind of money. since you can't stay without a septic system, the best thing to do would be to move. The fact that you are 2 months behind in rent certainly doesn't help your case....
by the tax lady- 1 month ago
I would bring her to court for this. It's her property, which means she's responsible for any upkeep. However, with you having not paid the rent for two months, she could use the excuse that she doesn't have the money to pay for it. If you can, I'd try to save up for moving into a new place.
by Gitte- 1 month ago
You should leave, you can get out of your lease legally because the residence is unlivable.Move while you are ahead. It is called Constructive eviction and it helps you.
by Tim L- 1 month ago
I suggest you leave as soon as you can because the septic system has collapsed. You are not responsible for the collapse of the septic system and you would be better off just moving out as the landlord has given you a written message to vacate knowing that you are two months behind in rent. Just move out an find another place to live and get out of this landlord's way because the landlord is angry that she has to spend the money to repair the septic system before someone else can live in the rental. I wouldn't challenge this in court because you will loose due to the fact that you are two months behind in rent and the court will hold that against you. Just move and be done with it. You will save yourself a lot of grief, aside from the grief of moving and finding another place to live. Good luck to you.
by PETER M- 1 month ago
You have no leverage to do anything. If you try to take her to court then she will just counter sue for the owed rent. You are lucky she has not already flat out evicted you! We would have evicted you the 1st mo rent was not paid. A 3 day notice is legal in most states but it does have to be in writing. Yes, she is supposed to fix the septic, but how is she supposed to do that when you owe 2 mo rent? Most landlords need the rent to make major repairs. Septic contractors are NOT cheap! Without the money to fix it, the place is uninhabitable and she is right that your only option is to move.
by Wildcat- 1 month ago