Re: Do I sue landlord? Is it worth it? - Landlord Forum thread 247312

Re: Do I sue landlord? Is it worth it? by David (Delware) on February 6, 2012 @17:59

I do have a written lease.

It states the landlord must be informed about repairs in writing and she will fix within 10days of receiving notice. I Have provided such notice as a notarized notice, certified mail, signed for by the landlord, and stamped by the United Stated Post Office, while keeping a copy. As is the practice for all letters I send her.

She stating I haven't paid rent since I moved in 11.5 months ago. Nor did I ever give her a deposit. I have receipts for all rent I have given her. The only month I have not paid is this month of $875. This is because she owes me $875 times 2 and 300 times 2 of security deposit money. She owes this to me for failure to return the security deposit or provide the proper location within 40 days of written request.

The landlord has never tried to work on the property and I do call each time she comes over without 48 hour notice as is required by DE law.

I have fixed repairs and have all receipts. I have not taken it out of rent; however, I am allowed to take up to 25% of the rent for repairs each month that the landlord did not fix. Within the laws of the landlord tenant code of course.

I am trying to move. My lease is up the forth of next month; however, she is telling each place I apply for that I haven't paid rent for a year and am a year behind in my rent. She is sabotaging my ability to get a place.

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Re: Do I sue landlord? Is it worth it? by Bryan (Ia) on February 6, 2012 @18:16	[ Reply ]

Off to court you should go.

Re: Do I sue landlord? Is it worth it? by Anonymous on February 6, 2012 @18:22	[ Reply ]

What do other landlords say when you show them proof of paying rent?(I know tough to not prove its a forgery). Look into slander laws. You may need to go to court to get proof - a judgement in your favor - that she is giving bad information. But landlords may be leary of somebody who has been to court against a previous landlord. You are in a tough spot.

Re: Do I sue landlord? Is it worth it? by Jake on February 6, 2012 @18:42	[ Reply ]

A lot will depend on the types of repairs you made. Does your lease prohibit tenant repair work? What kind of repairs were made?

Re: Do I sue landlord? Is it worth it? by David (Delaware) on February 6, 2012 @18:46	[ Reply ]

My lease does permit tenant repair work if the landlord has not repaired within 20 days of notice. As does the Delaware landlord tenant code. The electricity was rewired after it was deemed unsafe by 5 different professional electricians. I do have that in writing. The place was painted. The washer, dish-washer, dryer, stove, and plumbing were also fixed by me.

Re: Do I sue landlord? Is it worth it? by Jake on February 6, 2012 @19:06	[ Reply ]

I still do not know exactly what repairs were made. Did you have the house completely rewired? What about the plumbing? Did you paint every wall? Exactly what was done to the appliances? Are you an electrician, plumber and appliance repairman?

Re: Do I sue landlord? Is it worth it?