Stop paying rent if landlord does not provide lease agreement and basic services I have been staying in a house for 9 months already, that I share with 4 other roommates. I have asked the landlord for a lease agreement on repeated occasions, but to this day I never received anything, so I do not have anything official proving that I gave him the 2-months worth deposit, and I do not feel protected at all if he suddenly decides to kick me out. Question 1: what would be the best course of action to force the landlord to give me the requested lease agreement? Now it gets a bit more complicated, and I hope it stays in the scope of this forum. One of the other roommates has been kicked out of the house. Some legal action is ongoing now, as he refuses to leave the house. As he is the one paying most of the bills, the landlord asked all the other tenants not to give any more money to the other roommate, in order to pressure him financially and force him out. As a result he stopped paying for the bills and we had the power shut down 20 days ago. When I asked the landlord about what he was planning to do regarding that, his answer was that it was not his business. To have him take action, I do not see any way of pressure except threatening not to pay my rent. Edit: I might have not been really clear: the landlord asked us all to stop paying the other guy for the power bill, and that he was going to take care of it. As a result we are now in our 20th day without power, and the landlord just does not care. It may not change anything regarding law, but I definitely have a pretty shaddy landlord. Question 2: if I plan on not paying my rent until the power is re-established, what is likely to happen, keeping in mind that I do not have any lease agreement. Am I protected in any way, or can the landlord just come in my room and throw everything away, or worse just point me with a gun and force me to move? Question 3: how does the notion of "not paying rent" apply if I do not have a lease agreement?
I do not have anything official proving that I gave him the 2-months worth deposit What did you do, hand him a wad of cash? Pay by check, and put what it's for on the memo line. You've been there for nine months and there are several other people who can testify that you've been living there, so it would be difficult to claim that you aren't a renter. If you can show that the landlord is aware of your residence, that definitely helps even further, as does receiving mail there, registering to vote or with the DMV with that address, etc. Question 1 : what would be the best course of action to force the landlord to give me the requested lease agreement? You can't "force" someone to give you an agreement. That's kinda part of the definition of the word "agreement". If you find the conditions unacceptable, you can find another place to rent. When I asked the landlord about what he was planning to do regarding that, his answer was that it was not his business. It doesn't seem like it is. You could take the money you would have given to the other roommate, and give it to the power company instead. If paying for the utilities is part of the renters' responsibilities, and the renters are not paying for the utilities, then it's their choice to not have power. In California, landlords are required to make power available, but that just means that they can't interfere with you purchasing it from the power company, not that the landlord has to pay for it (if the landlord had agreed to pay for it, and isn't, then you can deduct the cost from the rent, but you can't simply withhold all rent, and your question indicates that the landlord hasn't agreed to pay for power anyway). Am I protected in any way, or can the landlord just come in my room and throw everything away, or worse just point me with a gun and force me to move? It would be difficult for the landlord to get rid of you, and would probably take several months to do legally. Performing an eviction himself, rather than getting the sheriff's department to do it, would expose him to serious charges, especially if a gun were used. Besides criminal charges, "If this or other unlawful methods, such as locking a tenant out or seizing his possessions before an eviction process has ended, are used to force a tenant to leave a property, a landlord may be subject to fees up to $100 per day of unlawful method use." http://homeguides.sfgate.com/tenants-rights-utility-billing-california-8073.html However, while the legal process will take a long time, at the end you will still be liable for back rent, and you will have an eviction on your record, which will make it harder to rent in the future.
If a contract does not say what one of the parties wishes it would say, before signing it they should renegotiate the lease. Once the parties have an agreement as witnessed by signatures, a party cannot change the terms of the contract by declaring that some provision of the lease is a "typo". If they want to renegotiate the terms of the contract after the fact, they can, if the other party is willing to give in on the particular point. So as it stands, it seems that the landlord is in breach of contract. This section of Maryland's landlord-tenant law is relevant to this situation. (b) In general. -- A tenant may deduct from rent due to a landlord the amount of payments made to a utility service provider for utility service if: (1) An oral or written lease for an affected dwelling unit requires the landlord to pay the utility bill; and (2) (i) The tenant pays all or part of the utility bill, including payments made on a new utility service account; or (ii) The tenant pays any security deposit required to obtain a new utility service account. (c) Waiver not permitted. -- A tenant's rights under this section may not be waived in any lease. There is no provision under the law whereby the landlord can be penalized for the inconvenience that you've suffered. This section of the public utilities law addresses the problem of the landlord's debt, in particular: (c) If utility service at an affected dwelling unit is subject to the threat of termination or actual termination, a tenant residing in the affected dwelling unit: (1) may apply for a new utility service account in the tenant's name; and (2) may not incur liability for charges due on the landlord's account. In particular, (d)(3) says A utility service provider may not refuse or otherwise condition a tenant's ability to establish a new utility service account in the tenant's name because of arrearages on the landlord's account. So the utility company is wrong, and so is the landlord.
No landlord-tenant laws that I have ever seen impose an obligation on a landlord to give a point by point response to everything in an email from a tenant. However, a tenant probably has the right or obligation to provide a landlord with written notification of a problem requiring remedy. You might then be required by law to provide a specific reply within some time frame, for example "We will fix that tomorrow afternoon", or "We are not required to fix that": it would depend on the jurisdiction and the accusation. Some caution in how you respond is warranted, because your answers can be used against you in a court of law, thus you want to be sure that your response is not misleading, and that you don't accidentally promise to do something that you won't actually do. There is a concept of "adoptive admission", where silence can be used against you. A typical case is if Smith says to Jones "That was really cold-blooded, the way you murdered Thompson", and Jones does not respond to the accusation – that fact can be introduced as evidence, because there is an assumption that if Jones were really innocent, they would protest the accusation. I don't see any way for "failure to respond to everything" in this manner could constitute an adoptive admission – an "admission" means that you directly or indirectly indicate that you did a thing, which is not the same as ipso facto agreeing to something (for example, not replying to a statement "I'd like my rent reduced by $100 per month" is not an "adoptive agreement").
Am I at fault? Can I get my security deposit back from Landlord? The landlord is wrong, and he should reimburse you the totality of the security deposit. Clauses #1 and #16 would entitle the landlord to deduct from your security deposit only the portion of the 7-day period that is not already covered in the payment you made for 1st week's rent, which according to clause #1 starts on Sunday July 29. If I understand correctly, you signed the contract (and paid) on July 27, and then gave your 7-day notice on July 28. Since you paid an additional amount for Saturday July 28, then your 1st week's rent payment actually covers the entire 7-day period of your notice. Therefore, the landlord should reimburse you the entire security deposit. The contract nowhere indicates that the count of [post-notice] 7 days starts after the current rent-week elapses. But even if it did contain language in that sense, the dates you mention render that hypothetical clause void. Lastly, clause #16 refers to giving a written notice, which is what you did by sending him the text he obviously read and understood. Therefore, his statement that "you did not provide proper notice of moving out" clearly is false. What should I do? If the landlord insists to retain the security deposit, your option is to file a complaint in Small Claims court (I don't know whether this has a different name in PA). Depending on PA procedural law, you and the landlord might be cited for mediation prior to being assigned a court date. A process in small claims court is pretty straight-forward, but only you can determine whether the hassle of attending mediation and court hearing is worth. If anything, it (1) certainly gives you some [minimal] exposure to litigation, and (2) teaches the landlord to abide by the very rules he drafted in the contract. 8/30/2018: Edited to address OP's follow-up question of whether section 250.512 of the Landlord and Tenant Act precludes recovery of security deposit (see comments) After analyzing the statute you found, Pennsylvania courts have still held that a tenant's failure to provide a new address does not preclude recovery of the security deposit. See Adamsky v. Picknick, 412 Pa.Super.Ct. 544, 549 (1992): we find the lack of notice argument is tenuous at best since appellant's reason for withholding the deposit was not because he did not have appellees' new address, rather, he withheld it because he maintained there were damages for which he should be compensated. That conclusion is squarely applicable to your situation. The landlord's only pretext for withholding your deposit is his inaccurate statement that "you did not provide proper notice of moving out", and for that matter he refers to nothing else than the rental agreement. The rental agreement nowhere requires you to provide your new address. One decision that does not constitute legal precedent but still might help persuading Small Claims court in your situation is Back v. Taylor, 19 D. &amp; C. 3d 606, 609 (1980). After citing section 250.512(e) of the Landlord and Tenant Act, the court states: That section sets forth certain guidelines as to when tenants can obtain double recovery. Defendants have only sought recovery of the deposit and therefore, the above cited section does not apply. (emphasis in original) Unless you were pursuing double recovery (see item (c) of the statute), it would be very questionable --to say the least-- why a [Small Claims] court should decide your dispute any differently than in Back. Another non-precedential decision analyzing the same statute is Shoemaker v. Henry, 35 D. &amp; C. 206, 209 (1984). Also in the context of double damages, the court stated: We cannot believe the only purpose [to require a tenant to provide his new address] was a negative one, that is, to cancel a right to double damages for failure to comply. A more rational explanation is that its purpose was to provide a landlord with an address to which the damage list could be sent. (brackets added) The statute apparently was enacted well before the prevalence of electronic communications. If your landlord has any way to send you a "damage list" (as it seems to be the case insofar as he replied to your text), then the rationale in Shoemaker should apply in your situation. If you are not even pursuing double recovery, then it would be unavailing for the landlord to cling to the language in item (e) of that statute. Therefore, you are definitely entitled to your deposit even if you did not provide to the landlord a new address. It is up to you whether you want to go for double damages, in which case the decision in Shoemaker might or might not be persuasive in Small Claims court. Beyond that, the Adamsky opinion constitutes legal precedent which favors your position.
Short answer: Yes, you can get out. However, this will be harder than you may want it to be. You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements will be handled by arbitration (or an arbiter), you need to know that going into this. Arbitration clauses usually stipulate that the landlord picks the arbiter, who will almost always be predisposed to side with the landlord. This pamphlet sheds insight into the situation. Skip down to PDF page 22, section header "My neighbors are constantly playing loud music..." Summarized, you can get out but if other tenants are not as affected, it will be hard to prove it affects you differently. You do, however, have the benefit of knowing the particular situation is illegal (as compared to the pamphlet's example of playing music, which is only situationally illegal). First, get written, signed testimony from other tenants (your roommate, the one above the smoker, etc). Preferably, get these signatures notarized. The testimony should include an acknowledgement that the signer has smelled the marijuana and a statement about how often this occurs, along with the date of signature. Next, send a certified letter to your landlord. Keep a copy of this letter. In it, state your intention to move unless they fix the situation within thirty (30) days. Remind them you already have informed them of this situation. Inform them you have (hopefully notarized) testimony of the marijuana smoking from other tenants, remind them that this is illegal, and that this is affecting your health. You may also warn them that if they do not rectify the situation and you leave after thirty days, they cannot keep your deposit or charge you a termination fee- they have breached your lease contract through failure to maintain a safe and livable rental unit (a gentle reminder that you will seek legal action if they attempt to keep your deposit or charge you fees is appropriate). In the letter, request an immediate, written response with their intentions on the matter, and give a deadline (like 3 days from receipt). As a certified letter, you will know when they get it. The wording of this letter is important. You want to clearly state the facts without sounding self-righteous, angry, or vindictive. And proofread the heck out of it. If the landlord is faced with possible legal action for forcing an illegal tenant to follow the law, and certain legal action for trying to keep a legal tenant to remain in illegal, harmful circumstances, they may well decide to oust the smoker. If your scare tactic doesn't work, however, you should make good on the threat- really do leave after thirty days, and if they attempt to charge you for anything or withhold your deposit, you really should contact a lawyer. You should also, however, have the money saved to pay the termination fees, just in case. Because the smoke affects you differently, and there is no easy way to prove this, an unsympathetic court (or arbiter) may rule against you. (NOTE: I am not a lawyer, but I did have to break a lease and spent a good deal of time researching and discussing my situation with a lawyer. In the end I lost my deposit but did not have to pay any fees or missed rent.)
No, it was not done properly See here. You cannot, and the landlord cannot agree to remove your name from the joint tenancy. You can cancel the tenancy for both of you, as can your ex. If you do this, the landlord is not under any obligation to offer your ex a lease on the same terms or at all so they would risk becoming homeless. The court has the power under the Family Law Act to make such a substitution so you can apply to them for such an order.
In general, and in particular in New Jersey, a new owner takes possession subject to existing rental agreements, and in particular subject to existing leases, unless there is a provision in the lease to the contrary. This happens automatically, by law. Thus any lease is as enforceable against the new owner as it would have been against the old. But how enforceable is this arbitration agreement? How enforceable would it have been against the old owner O? The basic fact about a month-to-month tenancy is that either party may end it on one month's notice, for any reason or none. Moreover, when a new owner intds to occupy the premises personally, or use them for his or her family, the requirement to honor a previous lease is, in general, not applicable. T might be able to force N to go through arbitration, depending on the wording of the agreement, and on whether the written lease applies at all after the end of the first year (which it may well not). But on the facts as stated in the question, T would lose in arbitration as well as in court, and if there is any increased expense because of the arbitration, T would be obliged tom pay it. Let us look at the actual NJ law N.J.S.A. 2A:18-53 provides that: any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, ... may be removed from such premises by the Superior Court, Law Division, Special Civil Part in an action in the following cases: a. Where such person holds over and continues in possession of all or any part of the demised premises after the expiration of his term, and after demand made and written notice given by the landlord or his agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual place of abode with a member of his family above the age of 14 years. [emphasis added] Section 2A:18-56 provides that: No judgment for possession in cases specified in paragraph &quot;a.&quot; of section 2A:18-53 of this Title shall be ordered unless: a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or ? b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; [emphasis added] Section 2A:18-57 provides that: If no sufficient cause is shown to the contrary when the action comes on for trial, the court shall issue its warrant to any officer of the court, commanding him to remove all persons from the premises, and to put the claimant into full possession thereof, and to levy and make the costs out of the goods and chattels of the person in possession. No warrant of removal shall issue until the expiration of 3 days after entry of judgment for possession, except as provided for in chapter 42 of this Title. Section 2A:18-61.1 provides that: No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guesthouse or part thereof rented to a transient guest or seasonal tenant; ... except upon establishment of one of the following grounds as good cause ... [emphasis in original] h. The owner seeks to retire permanently the residential building or the mobile home park from residential use or use as a mobile home park But note that good cause is not required for an owner-occupied dwelling with no more than two rental units. T would be wise to consult a lawyer knowledgeable about landlord/tenant law in NJ before attempting to contest the notice or eviction.
The landlord may be confused about what is legal. Growing pot without a license (they do not have one: it cannot be grown at home, and certainly not if there is a minor present) is not legal, not even in Seattle (medical marijuana now requires a general marijuana license, and home-grown is not legal – some Dept. of Health pages don't reflect the new law). Under RCW 59.18.065, the landlord must provide a copy of the executed agreement to each tenant, and a replacement copy on request. Under RCW 59.18.150, the landlord may enter the unit in case of an emergency, and otherwise shall give the tenant at least two days' written notice of his or her intent to enter and shall enter only at reasonable times. The notice must state the exact time and date or dates of entry or specify a period of time during that date or dates in which the entry will occur, in which case the notice must specify the earliest and latest possible times of entry. The notice must also specify the telephone number to which the tenant may communicate any objection or request to reschedule the entry. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants A lease cannot be terminated without cause and a legal process (eviction hearing), rather, it runs out at a specific time (the end of July). The situation with dog-washing is unclear, since normally a landlord can't decide to use a person's apartment for a dog-washing operation (the common law right to quiet enjoyment). If there is such a clause in the lease then that would be allowed, but they can't now decide that they have this right (the terms of a lease can't be changed in the middle). They can restrict the cats from areas outside your unit. You may however have some (legal) misunderstanding about what exactly "your unit" is, specifically, is the dog wash part of a "common area" that isn't actually part of what you have an exclusive right to.