My father and I have recently moved into a house that the landlord was fixing up. Now that we have moved in, we cannot get him to finish repairs. The house needs serious fixing from where he just covered up the problems in the past, mostly just by painting over them. There are cracks in the walls that have just been painted over. The floors (wood) were painted without any sweeping or anything being done before hand. I have found painted pieces of glass shards all over the floor. We were told by the landlord over three weeks ago that an electrician was coming soon. As it stands, we have no lights in the kitchen or dining room. I accidently flipped the switch in the dining room one day and sparks fell to the floor. I believe this to be a safety hazard. The sink in the bathroom is leaking from the pipes and now there is a huge wet spot in the adjoining room. Are there laws for Tennessee that prohibit this? What kind of legal options do I have? There was no lease signed so I know we can leave at anytime, but I don't want to let him off that easy so that he can simply do the same thing to the next person that moves in. If I refuse to pay the rent until the repairs have been made, does he have grounds to evict me? If so, what are my options then? Thanks in advance for any help.

Withholding the rent is never a good idea, unless your lease says that you can make repairs and deduct the cost from your monthly rent. You're still bound by your end of the contract (whether it's written or verbal) even if he doesn't keep his end of the agreement.

Since you don't have a written lease, do you pay monthly or weekly?

You ought to document these damages and anything that needs repaired. Then send the landlord a registered letter with a return receipt describing any areas of the property that need maintenance. If he still fails to make the repairs within a reasonable period of time, you can file a civil suit against him. If the judge finds in your favor, the landlord will be ordered to complete the repairs.

If this sounds like an awful lot of trouble, you can always give your 30 day notice and move out.

My father and I have recently moved into a house that the landlord was fixing up. Now that we have moved in, we cannot get him to finish repairs. The house needs serious fixing from where he just covered up the problems in the past, mostly just by painting over them. There are cracks in the walls that have just been painted over. The floors (wood) were painted without any sweeping or anything being done before hand. I have found painted pieces of glass shards all over the floor. We were told by the landlord over three weeks ago that an electrician was coming soon. As it stands, we have no lights in the kitchen or dining room. I accidently flipped the switch in the dining room one day and sparks fell to the floor. I believe this to be a safety hazard. The sink in the bathroom is leaking from the pipes and now there is a huge wet spot in the adjoining room. Are there laws for Tennessee that prohibit this? What kind of legal options do I have? There was no lease signed so I know we can leave at anytime, but I don't want to let him off that easy so that he can simply do the same thing to the next person that moves in. If I refuse to pay the rent until the repairs have been made, does he have grounds to evict me? If so, what are my options then? Thanks in advance for any help.

Take photographs, (or vidio) Use a newspaper to document the date.

http://www.uslandlord.com/laws/tn.html


[Acts 1975, ch. 245,  2.103; T.C.A.,  64-2823.]

66-28-304. Maintenance by landlord.
(a) The landlord shall:
(1) Comply with requirements of applicable building and housing codes materially affecting health and
safety;
(2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable
condition;
(3) Keep all common areas of the premises in a clean and safe condition; and
(4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and
conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection
subject to  66-28-401(3).
(b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of
this subsection, the landlord's duty shall be determined by reference to subdivision (a)(1).
(c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance
tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the
purpose of evading the obligations of the landlord.
(d) The landlord may not treat performance of the separate agreement described in subsection (c) as a
condition to any obligation or performance of any rental agreement.

Great information. Thanks a lot.

Now that my father and I have brought this information (landlord laws and such) to our landlord, he is demanding that we leave. He told us he wanted us out of here as soon as possible. Is there anything we can do about him not fixing the house? All he wants is for us to leave so he can do the exact same thing to the next people and the next people. He just wants people to stay here and pay the rent until they get fed up and leave so that he never has to put any money into the maintenance of the property. What are my legal options here?

Do you have a lease with this person. Those are not the only landlord laws. They can not up and ask you to leave before the end of your lease.

They can buy you out of your lease or it may be written in the lease that they give you 60 days notice or if you have no lease, then they need to give you at least 30 days notice to find a new place.

During that time, he still needs to make repairs. State the repairs needed in a letter and send them to him Certified Return Receipt.

Notice it says for defaults, if you are not in default in any way, this may (or may not, I wasn't able to find it) mean he does not have the right to terminate the lease...

66-7-109. Notice of termination by landlord.

(a) Fourteen (14) days' notice by a landlord shall be sufficient notice of termination of tenancy for the purpose of eviction of a residential tenant, if the termination of tenancy is for one of the following reasons:

(1) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand;

(2) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or

(3) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises.

If the notice of termination of tenancy is given for one of the reasons set out in subdivision (a)(1) or (2) and the breach is remediable by repairs or the payment of rent or damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice from the landlord, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.

(b) For all other defaults in the lease agreement, a thirty (30) day termination notice from the date such notice is given by the landlord shall be required for the purpose of eviction of a residential tenant.

(c) This section shall not apply to a tenancy where the rental period is for less than fourteen (14) days.

(d) Nothing in this section shall be construed to apply to rental property located in any county governed by the Uniform Residential Landlord and Tenant Act, compiled in title 66, chapter 28.

[Acts 1999, ch. 451, §§ 1, 2.]

(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the periodic rental date specified in the notice.


Must be a written notice...

Now that my father and I have brought this information (landlord laws and such) to our landlord, he is demanding that we leave. He told us he wanted us out of here as soon as possible. Is there anything we can do about him not fixing the house? All he wants is for us to leave so he can do the exact same thing to the next people and the next people. He just wants people to stay here and pay the rent until they get fed up and leave so that he never has to put any money into the maintenance of the property. What are my legal options here?

http://www.uslandlord.com/laws/tn.html

Start calling the places listed in this link. They should be able to direct you as to what you need to do next.

I have my ways of dealing with slumlords, but they are not always legal. (or nice) :D

He cannot just throw you out. There is a process he must go through in order to legally evict you, which includes presenting his case to a JUDGE. Don't let him intimidate you. Send the letter with a return receipt listing all the repairs that need to be made, wait a week or two, then file a suit against him. Just make sure you keep a copy of the letter and the return receipt (so you can prove he GOT the letter). Don't let him intimidate you into thinking you have to leave just because HE says so. The final say is NOT HIS, but the court's.

I did not check your state landlord act, but normally as m2m tenant you would have little in the way of fighting a 30 day notice.. Your landlord can terminate your tenancy with a 30 day notice and need not indicate a reason doing so. If he made the mistake of stating a reason, then you would have a viable case in court. I do not see you winning this. You could have had a case of landlord retaliation, but would have had to complained to a governmental agency before his notice not afterwards. If you withold rent chances are you will automatically lose.

If you fight this please let us know the outcome.

He has 30 days from the time the landlord gives him written notice to leave.

However, he can send a CRRR letter and require the landlord make these repairs or follow suit. Not sure the # of days the LL has to repair, 7 or 10 I think. Since part of it is electrical, the local building inspectors can possibly make him repair electrical wiring immediately or be fined.

The poster wants to make sure the LL can not keep doing this to others, there is the route for that. I would move within the 30 days anyway, this guy sounds horrible.

If TN is like most states she would have till November 1st to move since the notice was not given on the 1st of Sept. However, if problem is so hazardous as to present a present danger, then City may red tag the house and give tenant 24 hrs to vacate. Landlord would have to fix or lose ability to rent the house.

Who do I need to contact in order to get someone to come inspect the house?

We did not sign a lease, but the landlord has not given us written notice to vacate. We don't really want to live here anymore, but I don't the landlord to get off easy and be able to take advantage of others like he has tried to do to us.

I'd start with the local Health Department.

Also, you have the same responsibility to give notice as your landlord does. 30 days written notice, and at the end of that period you are free to go. Good luck!

If you could really stop a landlord, there wouldn't be any. The landlord will patch up the the plumbing and electrical system good enough to pass inspection and continue doing what he was doing. The rest sounds like cosmetic or just sloppy work and not a violation. If you live in a small town, your best recourse is word of mouth and being more careful when renting. Next time never acccept an apartment on the condition that it will be fixed once you sign the lease. If your landlord does not take the time or the pride to fix things before renting, the chances are he will be even less inclined once he has taken your money.