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  • #61
    Re: could my apt be illegal?

    Originally posted by Frankie's Market View Post
    Sometimes, disputes between LLs and tenants can be resolved amicably through the mediation process.
    One of the best suggestions made thus far - especially if you really want to try and stay where you are, TG.

    Just remember, being "in the right" does not always equate with satisfaction, happiness or peace of mind.

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    • #62
      Re: could my apt be illegal?

      Originally posted by Frankie's Market View Post
      Sometimes, disputes between LLs and tenants can be resolved amicably through the mediation process.
      Probably an exercise in futulity even if the LL would agree to participate which is likely she won't. LL has made it obvious that she wants TG out for whatever reason and she has the right to do that after proper notification.

      Once again, TG should find alternate housing as quickly as possible, legal notification or not.
      Peace, Love, and Local Grindz

      People who form FIRM opinions with so little knowledge only pretend to be open-minded. They select their facts like food from a buffet. David R. Dow

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      • #63
        Re: could my apt be illegal?

        Originally posted by matapule View Post
        Probably an exercise in futulity even if the LL would agree to participate which is likely she won't. LL has made it obvious that she wants TG out for whatever reason and she has the right to do that after proper notification.

        Once again, TG should find alternate housing as quickly as possible, legal notification or not.
        I agree. Another reason LL probably won't agree, aside from the fact that she's quite elderly and obviously deterioriating, is TG's unit is illegal. That could be why she hasn't received written notice; keeping the paper trail to a minimum.

        Still, attempting mediation would show TG is taking the high road, willing to try to solve this problem in a positive, legal way, even tho' it's obvious what the solution needs to be.

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        • #64
          Re: could my apt be illegal?

          Originally posted by matapule View Post
          Probably an exercise in futulity even if the LL would agree to participate which is likely she won't.
          Well, you're entitled to think that. But it might interest you,... about 90% or so of parties who enter into the mediation process have that very same attitude of doubt and skepticism when they begin.... and lo and behold! Many of these doubting Thomases come out of there with some kind of resolution in hand.

          Originally posted by matapule View Post
          LL has made it obvious that she wants TG out for whatever reason and she has the right to do that after proper notification.
          I didn't say that mediation would necessarily lead to a way for TG to stay in her present unit indefinitely. Realistically, I was thinking more along the lines of mediation leading to some sort of agreement and understanding of TG eventually vacating the unit, but under more civil and peaceful conditions, without harrassment, acrimony, and the need to involve police.

          And as I also pointed out earlier, mediation doesn't always work. But if one is close-minded and dismisses the whole process without even giving it a try, then you ensure yourself a 100% certainty of not being able to find some sort of compromise without involving the legal system.

          With this kind of thinking, it's certainly not hard to understand why our court system has become so backlogged and overloaded.

          Originally posted by tutusue View Post
          Another reason LL probably won't agree, aside from the fact that she's quite elderly and obviously deterioriating, is TG's unit is illegal. That could be why she hasn't received written notice; keeping the paper trail to a minimum.
          Well, if the fear of facing fines/sanctions is what you think will make it unlikely for TG's LL to enter into mediation, then do you honestly think it will be any easier for the LL to involve law enforcement officers and/or judges into this situation?

          Remember, the mediator is not a judge. He/she cannot impose any fines or punishments on anyone. And their main objective certainly isn't to determine who is in the right or the wrong, based on the law. (That's the job of the judge.) The mediator's goal is to have both parties work through their differences and peacefully resolve their dispute without having to involve the legal system. And yes, mediators have been involved in many LL/tenant disputes where the units in question are not legal rentals.

          Originally posted by tutusue View Post
          Still, attempting mediation would show TG is taking the high road, willing to try to solve this problem in a positive, legal way, even tho' it's obvious what the solution needs to be.
          Even if the LL is totally uncooperative, the offer to take this dispute to mediation could be a very important gesture, should this escalate into a court case. In addition, it would make the image of the tenant look better to prospective LLs down the road.

          "Yes, sir/madam. My previous LL will have nothing good to say about me, if you talk to them. But I honestly tried to show goodwill to her, even offering to resolve our dispute with a trained mediator @ _________. But unfortunately, she wouldn't have any of it."
          Last edited by Frankie's Market; March 2, 2011, 10:33 AM.
          This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

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          • #65
            Re: could my apt be illegal?

            Originally posted by tutusue View Post
            True, but the tenant has more rights! It appears that as of today, LL still hasn't given TG the required 45 days written notice. I'm not sure LL is cognizant of the fact that this is necessary. The longer it takes for her to provide written notice, the longer TG has to find a place...45 days + the number of days between now and when she does receive that notice. Seriously TG, start saving. You mentioned it would be too tough, financially, to move in the next month. You could possibly end up with 2 months or longer to move. It's up to you to stay 2 steps ahead of the LL. However long it takes, I just don't see staying there being a pleasant experience. Would you rather be right or happy?
            Yep. The LL needs to give notice. Yep, then the tenant must move out. Since the rental [seemingly] is a verbal month-to-month, the LL does not need to state a reason for requiring the tenant to vacate. LL gives written notice 45 days, and boom, legally the tenant must go bye-bye.
            Now run along and play, but don’t get into trouble.

            Comment


            • #66
              Re: could my apt be illegal?

              Originally posted by Frankie's Market View Post
              [...]
              Well, if the fear of facing fines/sanctions is what you think will make it unlikely for TG's LL to enter into mediation, then do you honestly think it will be any easier for the LL to involve law enforcement officers and/or judges into this situation?
              Personally, I think the LL, who appears to have become a cantankerous old lady compared to what TG has described in the past, is full of idle legal threats in the hopes of scaring TG. I doubt that LL will involve the legal system when all she has to do is give TG a 45 day written notice. I don't know why LL hasn't done that unless, 1.) she's truly afraid of being caught with an illegal unit that has a paper trail (whether or not the fear is founded), 2.) she wants TG out sooner, like NOW and is attempting to scare her out or 3.) She's completely unaware of the law.
              Remember, the mediator is not a judge. He/she cannot impose any fines or punishments on anyone. And their main objective certainly isn't to determine who is in the right or the wrong, based on the law. (That's the job of the judge.) The mediator's goal is to have both parties work through their differences and peacefully resolve their dispute without having to involve the legal system. And yes, mediators have been involved in many LL/tenant disputes where the units in question are not legal rentals.
              I'm aware of mediation. I've been involved, as one of many owners in an AOAO problem, in opening a mediation case. It was done in an attempt to take the high road and to, hopefully, save some money. We were then able to address the rest of the owners explaining what we'd done after the opposing side lied. Gawd, that felt good!
              Even if the LL is totally uncooperative, the offer to take this dispute to mediation could be a very important gesture, should this escalate into a court case. In addition, it would make the image of the tenant look better to prospective LLs down the road.

              "Yes, sir/madam. My previous LL will have nothing good to say about me, if you talk to them. But I honestly tried to show goodwill to her, even offering to resolve our dispute with a trained mediator @ _________. But unfortunately, she wouldn't have any of it."
              Exactly my point! TG needs to create her own, positive paper trail.

              Comment


              • #67
                Re: could my apt be illegal?

                Originally posted by tutusue View Post
                or 3.) She's completely unaware of the law..
                Ding, ding, ding....we have a winner!

                I've been down this road before as an enforcement officer. The law is pretty simple and striaght-forward if you only take the time to find out what it is. 80% of the time it was being unaware of the law.......on both tenant and LL sides! TG is going to have to move, one way or the other. The tenant/LL relationship in this situation has gone beyond reconcilliation.
                Last edited by matapule; March 2, 2011, 02:31 PM.
                Peace, Love, and Local Grindz

                People who form FIRM opinions with so little knowledge only pretend to be open-minded. They select their facts like food from a buffet. David R. Dow

                Comment


                • #68
                  Re: could my apt be illegal?

                  Originally posted by tutusue View Post
                  I'm aware of mediation. I've been involved, as one of many owners in an AOAO problem, in opening a mediation case. It was done in an attempt to take the high road and to, hopefully, save some money. We were then able to address the rest of the owners explaining what we'd done after the opposing side lied. Gawd, that felt good!

                  Exactly my point! TG needs to create her own, positive paper trail.
                  I concur with what you say here. No matter what the reaction is of the other party (receptive or close-minded), the mediation process usually offers some sort of benefit for those actively seeking the service. While it does not always result in a full resolution of the dispute, rarely is the process a total waste of time.
                  Last edited by Frankie's Market; March 2, 2011, 07:33 PM.
                  This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

                  Comment


                  • #69
                    Re: could my apt be illegal?

                    The idea of suggesting mediation sounds good. But quite honestly, I think her LL is progressing further into either an undiagnosed case of alzheimer's disease or just old-age dementia. The sudden paranoia, personality change (nice woman into mean one), and some other things here and there honestly make me believe this. She's saying things that don't make sense and abruptly evicting TG, someone with whom she had a good relationship with. It doesn't hurt to try, but I really don't think LL is going to understand the concept of mediation. She doesn't understand how eviction works, or really much about being a landlord apparently. Anything TG says to her is taken the wrong way and/or twisted into a paranoid delusion. I doubt whether the LL would have the mental capabilities to go through the mediation process or not.

                    One thing you may want to do is make copies of your driver's license, passport, bank cards, social security card, all those kinds of things. You don't know what she could walk into your apartment and steal. With photocopies, you have the phone #'s and can cancel the bank card immediately, call the SS office, etc. Good luck and stay safe!

                    And if there's anything you are really worried about, you can send it to us to hang on to if there's no one else who can keep it for you. Just so you know.

                    Can't think of anything creative this time

                    Comment


                    • #70
                      Re: could my apt be illegal?

                      Originally posted by surlygirly View Post
                      [...]It doesn't hurt to try, but I really don't think LL is going to understand the concept of mediation.[...]
                      At this point I think mediation is to give TG an edge when looking for a new apt. LL is more than likely to not be a good reference. Therefore TG can show she took the high road and attempted mediation...whether or not it gets to the point of meeting with a mediator. TG needs to take charge of this situation in the most positive way she can. If she elects mediation, it's then up to LL to find someone to help her with it. I know that sounds harsh but TG needs to protect herself for future LLs.

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                      • #71
                        Re: could my apt be illegal?

                        LL got really nasty towards me friday night, an i had to call the police, so that she would turn my electricity back on. She actually had a fence built to block me from access to the w/d and breaker box, plus the garden hose and a handful of my tools are now locked up. This is getting really stupid. Now Im having a hard time sleeping. Ugh, Im in LL/tenant hell!! She's getting vicious towards me, and so are her 'friends' that want my apt. The 'friends' are behaving threatening to me and gloating about how on the 31st they can't wait to put me on the street. Im looking for a new place like never before!!
                        ~ This is the strangest life I've ever known ~

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                        • #72
                          Re: could my apt be illegal?

                          TG, are these people really not aware of the 45 day written notice LAW? Why are they putting so much negative energy into something that's so easy to solve at this point? What did the police say the other night? How about presenting LL and "friends" with a copy of the law and tell them you'll move...within 45 days after receiving written notice?
                          Last edited by tutusue; March 6, 2011, 03:45 PM.

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                          • #73
                            Re: could my apt be illegal?

                            Originally posted by turtlegirl View Post
                            The 'friends' are behaving threatening to me and gloating about how on the 31st they can't wait to put me on the street. Im looking for a new place like never before!!
                            That can be interpreted as harassment, which is a misdemeanor. I recommend you keep notes of every incident, even record things they say if you can, and make a report of every threatening gesture to the police. If you are afraid, you can get a TRO (temp. restraining order) so her "friends" can't come near you without being arrested.
                            I also go along with Sue to recommend you get a copy of the law and make sure she gets it. Mail it return receipt, so you have proof she was informed. And good luck finding a place! Keep us posted!
                            Be Yourself. Everyone Else Is Taken!
                            ~ ~
                            Kaʻonohiʻulaʻokahōkūmiomioʻehiku
                            Spreading the virus of ALOHA.
                            Oh Chu. If only you could have seen what I've seen, with your eyes.

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                            • #74
                              Re: could my apt be illegal?

                              Hoooo, boy! LL is off the deep end, and really angry!! This past Wednesday night I had to call her @9pm cuz when I went to put my smoke detector back up, it shocked me & cut the lights out. She wasn't angry then. Actually, my friend who was over had the quick thinking to record a huge part of it with his cellphone. When I listened to it later, it sounded like I was a 2nd grade teacher talking to a doddering, confused helpless child. Regardless, she let me into her fort to fix the breaker, and I also took that opportunity to get the tools I had stored back there. Everything was calm and fine.

                              Thursday, I locked my house keys in my apt, so I had to call her to let me in. Everything's fine, until she opens the door and makes to go inside, she starts yelling 'What is this? What is ALL THIS!' Ummm, my laundry that I'm gonna do, I just had to get it....Well, that set her off. She starts screaming that she doesnt care what I do, I'd better be gone by the 31st, blah, blah, usual rant. I tell her in frustration (my bad) noooo, that she has not legally evicted me, please stop with all this, etc, my usual response. She calls the police. Im not even sure why! The cops just asked me to go back to my apartment 1st time. 2nd time, she had a bunch of big huge 'relatives' out harassing me verbally, bragging about 'whats gonna happen to' me come the 31st. Cops come again, I try to explain that Im being threatened, but same as before, I get sent back to my apartment.

                              Follow the insanity in my next post.....
                              ~ This is the strangest life I've ever known ~

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                              • #75
                                Re: could my apt be illegal?

                                Friday I was scared and stayed home all day. I don't know what these huge guys think they're gonna do to me, and I don't wanna find out. Plus, I'd already overheard LL talking about how when I was gone she would come in! WHAT!!!(i love that the hard of hearing speak very loudly).

                                Today, Saturday, is the most ridiculous yet! She called the cops on me for using the clothesline. Yep! You read that right!

                                I was gone all morning doing laundry & errands, and when I got home I went and hung all my sheets & thick blankets on the line, yaknow, stuff u dont want to pay to dry at the laundromat. Went back out to get the rest of the laundry, and crazy LL comes out of the house screaming for her yardboy to do my backyard NOW! He tells her I just hung my wash, and she's screaming "this is my property, do it, go, do it nowwwww! Wow, so I say "thats not a good idea" (literally!! I am amazed at my composure in this sitch!) And shes running to the backyard, and this kid doesn't want to be in the middle, and I.Am.So.Sick.Of.This, so I put my stuff down and got my camera out. Obviously, they didn't like that, and I got them to go away for a bit.

                                Im sitting on my patio folding clothes when a cop comes up. Again. We discuss how I need to ask permission(?) before I use LL's clothesline (one which I have always been allowed and encouraged to use) and that she can have my yard mowed if she wants. Fine, make a report, lets get this over, I am sooooo done with crazy today. Yard got mowed, clothes stayed on the line. I got no room in my apt for 8 wet blankets.

                                This is getting to be beyond absurd! I haven't found a new home yet, and my mom wants me to see an attorney>
                                ~ This is the strangest life I've ever known ~

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