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Started By
Message
Posted on 9/7/16 at 7:16 am to Konkey Dong
Consult attorney.
In the meantime, go read LA's LL-tenant statutes. The laws are easy to understand for attorneys and general public alike. I don't recall the laws w/specificity, but my takeaway from past experiences is that the laws - as they should be - have been interpreted and applied as tenant friendly.
Doesn't mean you need to gear up for trial, but anticipating how one would play out should give you leverage, i.e., a plan of attack that you can announce with a straight face, and explain the obstacles to the LL, his and yours. Hopefully you'll find something that impresses the eviction and/or time and costs are not worth running you off. Create uncertainty for him (it's working on you, right?) Also, take photos of what you've done, what you didn't do or cause. Document it. Again, talk w/ an attorney first and foremost.
In the meantime, go read LA's LL-tenant statutes. The laws are easy to understand for attorneys and general public alike. I don't recall the laws w/specificity, but my takeaway from past experiences is that the laws - as they should be - have been interpreted and applied as tenant friendly.
Doesn't mean you need to gear up for trial, but anticipating how one would play out should give you leverage, i.e., a plan of attack that you can announce with a straight face, and explain the obstacles to the LL, his and yours. Hopefully you'll find something that impresses the eviction and/or time and costs are not worth running you off. Create uncertainty for him (it's working on you, right?) Also, take photos of what you've done, what you didn't do or cause. Document it. Again, talk w/ an attorney first and foremost.
Posted on 9/7/16 at 7:31 am to djangochained
I like it
This post was edited on 9/7/16 at 7:32 am
Posted on 9/7/16 at 7:45 am to brbengalgal
If it's not in writing it didn't happen
This post was edited on 9/7/16 at 7:46 am
Posted on 9/7/16 at 9:00 am to brbengalgal
Yeah, good luck with that
Posted on 9/7/16 at 9:19 am to Cash
The problem I see is that your best argument for not paying rent is that it's not habitable. In which a judge would kick you out anyway, and you'd be back to square one.
Posted on 9/7/16 at 9:34 am to baldona
I think the issue is that the LL told her not to pay rent. When she didn't pay the rent he told her not to pay, he sent an eviction notice for non-payment of rent. Kind of like entrapment.
The question in my mind is should she pay the rent now, so she can walk into Court saying the rent has been paid and it was originally not paid because I was told not to pay rent. Bring your witness to testify to that assertion.
I mean the full rent, not adjusting for any expenses. In my mind, you would just aggravate the Judge by walking in and saying I paid the rent but deducted my expenses. Pay it all in advance of the hearing. Come in with "clean hands" so to speak.
In effect she would cure the deficiency prior to the Court date.
Any thoughts?
(I doubt the LL will cash the check.)
I don't think arguing the house is not habitable so I didn't pay rent will help. The Judge will likely boot her from the house once she claims it is inhabitable. I think that is a can't win argument.
The question in my mind is should she pay the rent now, so she can walk into Court saying the rent has been paid and it was originally not paid because I was told not to pay rent. Bring your witness to testify to that assertion.
I mean the full rent, not adjusting for any expenses. In my mind, you would just aggravate the Judge by walking in and saying I paid the rent but deducted my expenses. Pay it all in advance of the hearing. Come in with "clean hands" so to speak.
In effect she would cure the deficiency prior to the Court date.
Any thoughts?
(I doubt the LL will cash the check.)
I don't think arguing the house is not habitable so I didn't pay rent will help. The Judge will likely boot her from the house once she claims it is inhabitable. I think that is a can't win argument.
This post was edited on 9/7/16 at 9:36 am
Posted on 9/7/16 at 9:44 am to brbengalgal
Do have any emails or text messages with the agreement? Was it a face to face conversation and you have a witness for that?
It really sounds like he could sell the house very soon for a nice profit or rent it out for much more than what you are paying.
However, that leaves you screwed because rentals in Baton Rouge are dwindling and if available the price may have risen substantially.
It really sounds like he could sell the house very soon for a nice profit or rent it out for much more than what you are paying.
However, that leaves you screwed because rentals in Baton Rouge are dwindling and if available the price may have risen substantially.
Posted on 9/7/16 at 11:59 am to Mudminnow
A renter is entitled to a reduced rent based upon the condition of the unit. Your lease has continued on a month to month period.
Obviously, I would stop putting money into the unit. If you know an attorney, have them send them a letter asserting your rights. Document all work done and expenses undertaken in good faith.
No way a judge sides with the landlord here, but you need to get an attorney.
Obviously, I would stop putting money into the unit. If you know an attorney, have them send them a letter asserting your rights. Document all work done and expenses undertaken in good faith.
No way a judge sides with the landlord here, but you need to get an attorney.
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