need some advice not motorcycle related

[oldgoat]

early sat morning I was a victim of a crime.

a drunk at the bar that my landlord owns was kicked out and sent home.

he came back after the bar was closed and started to smash windows and destroy property. he smashed my windows. busted the storm door and tried to get in.

police where called by me. the man was arrested and charged with criminal damage to property over $700 that's a felony. and obstructing a police officer. resisting arrest. kicking the cop? and 3 counts of disorderly conduct?

now that,s not my real problem but it,s what has me where I am at now.

the land lord just tossed up some thick plastic over the window and said he has to wait till warmer weather and until he finds a new window? the whole window and storm door is shot as in the whole window has to be pulled out and replaced the man did a real job on it busted the frame and all. so what im asking here. is I want to move. from here. it,s chilly in here and waiting for a landlord who just wants rent and sits on there butts is not cutting it. I am sorry there was damages to this place. but they served that man. then refused him . sent him home then his wife brings him back here and the damages happened. and I just happen to be one of his victims. so can I move and just tell her to keep the deposit and not pay this months rent? I don't want a negative report when I try for another place. right now it is hard to find a place for what I can afford. because no one realy moves out in the winter.

[mini-muffin]

Not sure what the state laws are there, but most states have laws protecting tenants. You're landlord can't leave that window out till it warms up. Check the laws on line, there is probably an out for you since the landlord has refused to fix something you didn't break. Good luck.

 

Margaret

[MiCarl]

You know, he hadn't exactly had a lot of time to get anything moving on this. Really probably hasn't even had a chance to think it through.

 

I'd think the smart first step would to be to have a discussion with him later today or tomorrow where you find out his plans and if necessary make it clear that the place is unlivable as is.

 

Most localities have pretty strong ordinances on rental property. Those folks don't take kindly if major repairs are left hanging.

[Condor]

You know, he hadn't exactly had a lot of time to get anything moving on this. Really probably hasn't even had a chance to think it through.

 

I'd think the smart first step would to be to have a discussion with him later today or tomorrow where you find out his plans and if necessary make it clear that the place is unlivable as is.

 

Most localities have pretty strong ordinances on rental property. Those folks don't take kindly if major repairs are left hanging.

 

Plus take a sheet and drape it over the window with an air space betwen it and the plastic. That'll give you a little more heat....

[Flyinfool]

Also, who pays the heating bill? If you pay your own heat then this could be a very expensive winter.

 

Every place has different ordinances, check with your city hall on what your specific ones are. There are also state and federal regs that come into play here. Where I live, when my house was vandalized the city gave me 30 days to get it fixed or they would condemn the house. This is MY house that I own, not even a rental.

[oldgoat]

I pay the heating bill it has electric base boards.

I just installed more plastic sheeting. I am sure it is ringing up the electric bill.

my feelings are the landlord should get this fixed asap. he was the one who came down Saturday afternoon and said well I will just put up this plastic and you will be fine till it warms up enough for me to get a window and storm door? this building is and old metal building type ware house that was converted to 2 apartments. it was cheap rent and it has a yard and there is only the bar and the 2 apartments. always a quite place up until. this crazy man went off and destroyed everything he could swing a fence post at.

I have went out today and placed 4 applications for a new place. just placed on the waiting list. will see what happens until then.

thanks everyone

[MikeWa]

There are very few places where a landlord isn't required to repair this kind of damage very quickly. That said your remedies are 1. Work it out with the landlord. 2. Have it repaired and deduct the cost from your rent. 3. Give notice of unfit living conditions and move out. 4. Live with it.

 

There are a lot of personal variables that can enter into these decisions. So it is hard to provide advice. If you do move out and the landlord dings your credit you are allowed to reply in writing to the negative report. Your reply must then also be included with any future credit reports.

 

Best of Luck

Mike

[jburrell]

Broken windows and doors invites criminals into your house when you are gone and at night. The apt is not habital in this condition. Let the owner know now that this is not acceptable, In writing and take pictures. Notify you local Housing dept (rental division)if he refuses to fix it immeadiately.

[Guest tx2sturgis]

Send the landlord a certified, return-receipt-requested letter (you keep a copy too) that very briefly states what happened, and that if it is not repaired in 7 days, you will hire a handyman or repair service, and deduct the repairs from the rent you pay next month. Say so in the letter.

 

Take pictures of the damage. Also get repair estimates.

 

That should get his attention, and if not, you will have legal proof that you have been very reasonable and simply want the damages repaired. These damages are the landlords problem, and he should have insurance to cover it.

 

When and IF the landlord threatens eviction, you have very solid evidence to present to a judge.

 

Do not 'rollover' on this, because in every state, renters have rights. Exercise them.

 

Good luck.

[RJD]

you can put the rent in escrow with the court. they will hold it till the repairs are made. Rental property usually has to be inspected by the building dept and certified that it can be lived in.. if the landlord has not had that inspection done or if he doesn't plan to do that, you may have a little leverage to persuade him to make the repairs.. at that point if he refuses, then tell him you will put the rent in escrow till the repairs are made.. you can not refuse to pay or tell him you are holding his rent yourself. that is gounds for eviction.

[CaptainJoe]

If he's any kind of landlord he'll fix it asap.

 

I wouldn't start a fight with him over somethings that is not his fault. I'm sure he's pissed also. The insurance company needs to assess the damage...

 

To start a fight over this, would only invite: a raise in your rent, bad reference or even eviction...

 

If he's a slum lord, and you know it, give proper notice and move...you get what you pay for....leave on good terms.

If you've lived there for any length of time, you already know where you stand.

 

I've rented apartments and mobile homes for 17 years now and can only speak for myself, but if a tenant of mine said "do this or else"... they would be moving...period...

 

Of course, I'm not a slum lord either, so there would be no need for them to even open their mouth... I alsways fix problems the same day... or asap....

 

guess im trying to say just try to look at this thru his eyes.

[dacheedah]

I would contact your code enforcement / building inspector. You have ordinances on property maintenance and if he fails to make adequate repairs, they will deem it unfit. If they deem it unfit the landlord broke the lease by failing to adequately and promptly maintain or repair the property. I would go to code and ask to speak to a code officer / building inspector. Explain what has happened and that the Landlord wants you to live with a bandaid that you do not feel is safe and you are sure does not "meet life safety codes" Code then becomes a neutral third party if you need to follow with a course of action regarding the condition of your rental. I would take some good pictures and make some notes regarding who you speak to and keep track of the date and time and details of the conversation. I did see Peru's codes online and if you live in a building attached to a bar it's commercial property. Ususlly code will go out and inspect, talk to the owner and give them a reasonable time to repair. If they fail to code is uaually good about being a PITA to landlords. Commercial property has a stricter code than rentals, rentals are stricter than residential.

[tz89]

Yes, call the city building department right away. If there is a housing department (sometimes there is one at the city, sometimes the county, sometimes both) call them, too. There may be a tenant's organization nearby. Go to the library and ask the reference librarian. Keep a record of any expenses related to this. If you get any foot dragging from the city, call your elected representative. I used to be one, and loved having these kinds of things to work on.

[AKRefugee]

Sad to say but under IL law the landlord is only required to provide "effective waterproofing and weather protection of the roof and exterior walls, including windows and doors." Wether or not plastic sheeting is consider effective waterproofing and weather protection may have to be decided by a judge.

 

You might start be contacting the City of Peru Building and Zoning office at 815-223-1148. If they can't help you they might be able to point you in the right direction. You might also want to check with the local legal aid group.

 

Good luck on this.

 

 

 

 

Ride Happy, Ride Safe

[dacheedah]

Sad to say but under IL law the landlord is only required to provide "effective waterproofing and weather protection of the roof and exterior walls, including windows and doors." Wether or not plastic sheeting is consider effective waterproofing and weather protection may have to be decided by a judge.

 

You might start be contacting the City of Peru Building and Zoning office at 815-223-1148. If they can't help you they might be able to point you in the right direction. You might also want to check with the local legal aid group.

 

Good luck on this.

 

 

 

 

Ride Happy, Ride Safe

 

Not True, I used to deal with this:

 

http://library.municode.com/index.aspx?clientId=13565&stateId=13&stateName=Illinois

 

22-36 they have adopted BOCA so all BOCA rules apply unless they are sections specifically excluded by ordinance.

 

 

22-278 © (3) addresses windows ( a sheet of plastic, cardboard or plywood ain't it) and if the window could be opened it serves as a means of emergency escape, they must replace it with a window that affords emergency egress. Under life safety codes they should do that in an emergency / reasonable amount of time ( like one week). http://www.nwda.net/Residential%20Building%20Codes%20Egress%20Requirements.pdf

The approach with your building inspectors / code officers is that you are a victim and you are willing to be reasonable. They are responsible for enforcing this and they should be reasonable with the landlord and with you.

 

Also if the frame is not repairable, they must replace it with an energy efficient window, can not reuse an old window. Thank big brother for that one.

[oldgoat]

city inspector came down saw the damage. called my landlord. and so far we are working it out.

the inspector let them put up a board over the broken top part. I still have the lower part of the window. but since this is a odd ball size window. it is going to take 2 weeks to make a custom one? the landlord said for the month of febuary. there will be no charge for the electric bill. it is on her. if I will please stay? I been here for 3 years with no problems till that Saturday morning. this is a small place but has a yard. and it,s right off the street so it makes it easy for me to just walk in. no stairs and such.

I said I will stay but I am keeping my options open to moving. if things are not fixed by the 12th of next month. that is how long the inspector gave her to do the repairs. he also told her she can not increase my rent. threaten to evict me. because of the damages. the was done by one of her bar patrons. who got drunk and went on a rampage. I want to thank every one here for the good advice.

sincerely james

aka oldgoat

[ragtop69gs]

Sounds good, I hope she follows through in a timely fashion. She seems to be reasonable with her offer.