Welcome to ECCIE, become a part of the fastest growing adult community. Take a minute & sign up!

Welcome to ECCIE - Sign up today!

Become a part of one of the fastest growing adult communities online. We have something for you, whether you’re a male member seeking out new friends or a new lady on the scene looking to take advantage of our many opportunities to network, make new friends, or connect with people. Join today & take part in lively discussions, take advantage of all the great features that attract hundreds of new daily members!

Go Premium

Go Back   ECCIE Worldwide > Kansas and Missouri > Kansas City Metro > The Sandbox
test
The Sandbox The Sandbox is a collection of off-topic discussions. Humorous threads, Sports talk, and a wide variety of other topics can be found here. If it's NOT hobby-related, then you're in the right place!

Most Favorited Images
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
Most Liked Images
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
  • Thumb
Top Reviewers
cockalatte 649
MoneyManMatt 490
Jon Bon 400
Still Looking 399
samcruz 399
Harley Diablo 377
honest_abe 362
DFW_Ladies_Man 313
Chung Tran 288
lupegarland 287
nicemusic 285
Starscream66 282
You&Me 281
George Spelvin 270
sharkman29 256
Top Posters
DallasRain70822
biomed163696
Yssup Rider61274
gman4453360
LexusLover51038
offshoredrilling48821
WTF48267
pyramider46370
bambino43221
The_Waco_Kid37416
CryptKicker37231
Mokoa36497
Chung Tran36100
Still Looking35944
Mojojo33117

Reply
 
Thread Tools
Old 06-18-2013, 08:34 PM   #1
Guest011214
Account Disabled
 
User ID: 101954
Join Date: Sep 24, 2011
Posts: 704
My ECCIE Reviews
Default lawyer question about renters rights

if the apartment complex doesnt hold up their end of the deal.....for example both pools are closed and the complex is in disrepair, do we still have to pay full rent?

it seems like we have to follow all the rules and pay rent on time, but they dont have to do what they are supposed to.....

NOT FAIR!
Guest011214 is offline   Quote
Old 06-18-2013, 08:37 PM   #2
dirty dog
Valued Poster
 
dirty dog's Avatar
 
Join Date: Jan 5, 2010
Location: Chicago/KC/Tampa/St. Croix
Posts: 4,493
Encounters: 1
Default

You could hold back rent but they will just wait until your behind enough and then send you packing, then sue you for the money. You would have to sue them for breach of contract that would allow you to break your lease and then you could relocate. A letter from an attorny giving them the option of reducing your rent or releasing your from your lease is another option. To answer your question yes they are in breach of contract, but the only way to enforce this to your advantage is through the courts.
dirty dog is offline   Quote
Old 06-18-2013, 08:43 PM   #3
royamcr
Valued Poster
 
Join Date: Aug 7, 2010
Location: OPKS
Posts: 7,241
Encounters: 38
Default

Most likely yes, have to pay full rent. But can probably get out of the lease early if they aren't holding up their end of the deal. They are not fulfilling their end of the contract. I suppose it is an implied contract that they should have their amenities fully operational at least as much as possible. I can see them having a few days of downtime for the pools for whatever reason, but they should be open more than closed. What did the management company say when you called? It is possible you could ask for a rent credit because they aren't providing the services that they should be.

Or do the Call for Action one of the news stations has. That will get their attention. :-)
royamcr is offline   Quote
Old 06-18-2013, 08:59 PM   #4
Guest102613-03
Account Disabled
 
Join Date: May 25, 2013
Location: Ksmo
Posts: 124
Encounters: 5
Default

Your best bet is to read the lease you signed and find out what are the responsibilities of the landlord and what are the responsibilities of the tenant. Normally, if it isn't spelled out specifically in the lease as to how common areas are to be maintained, then you may not have any recourse that is not specific to your individual leased area. If the area in disrepair is your specific leased apartment/townhouse, then you may have recourse against the landlord for items in disrepair. However, you should pay your rent unless you make specific repairs the landlord does not make and have receipts for any materials/work performed. You may be able to reduce your rent for the cost of the repairs; however, if you do not document contact made to report the areas in disrepair, the landlord may just say "Thank you for fixing that, and your rent is still due in full."

When all else fails, contact an attorney and have him/her write a letter to the landlord on their letterhead outlining your specific grievances and potential action that could be taken if corrections are not made to resolve those grievances. It may work, or you may get a letter from the landlord's attorney.
Guest102613-03 is offline   Quote
Old 06-18-2013, 09:13 PM   #5
Guest011214
Account Disabled
 
User ID: 101954
Join Date: Sep 24, 2011
Posts: 704
My ECCIE Reviews
Default

dang.....you guys are great! and so knowledgeable!
they know someone like me doesnt have time or money to fight with them hire lawyers etc. its just getting worse...all they care about is money....threaten to charge me $200 for leaving a bicycle outside and for putting pumpkins by my doorstep. i guess i will take pics off all the disrepair and see if some "nice lawyer" might write a letter.....on the other hand, i dont want to be a pain and have them watching me or anything..
thanks so very much!
Guest011214 is offline   Quote
Old 06-18-2013, 09:17 PM   #6
ElumEno
In it for the DATY!
 
ElumEno's Avatar
 
Join Date: Jul 7, 2010
Location: Kansas City
Posts: 4,342
Encounters: 21
Default

Here is a link to the Kansas Tenant Handbook... It has a lot of good info in it.
ElumEno is offline   Quote
Old 06-18-2013, 09:34 PM   #7
royamcr
Valued Poster
 
Join Date: Aug 7, 2010
Location: OPKS
Posts: 7,241
Encounters: 38
Default

I'd also go to rental websites and give negative feedback. It's anonymous and maybe a few neighbors could leave negative feedback also. This info will get back to the property owners (which may not be the management company) and things will get done. Apartments.com rent.net, etc. Usually they have ratings and feedback systems there.

I would also see if you can find out who the owners are. They usually hire management companies (like AMLI) to run the property. If the owners get enough bad feedback about the management company they might fire them and use another company. Not sure on your property if it is ran by the owners or a management company though.
royamcr is offline   Quote
Old 06-18-2013, 09:46 PM   #8
bartipero
Valued Poster
 
bartipero's Avatar
 
Join Date: Sep 20, 2010
Location: Kansas City
Posts: 1,414
Default

Are you in Kansas or Missouri? Are you in subsidized housing or not? Try consulting the local city housing authority if you are in a city that has one. They may have ideas to assist you, especially if the complex has Section 8 (low income subsidized housing)whether or not you're in such a unit, but certainly if you are. It typically has city oversight through their housing authority. Your local code enforcement office may be able to prod remedying disrepair if it's bad enough to violate the local housing code.

The lease is a starting place for rights and remedies. However, overlaid by coomon law on this contract are such things as warranties if habitability as implied covenants,i.e., unless expressly excluded they exist merely because the relationship implies you get a benefit for your bargain. This is a habitable place to live with functioning facilities that were reasonably expected to be there and function when you entered the lease. You can essentially have rights to offset rent for nonperformance of the landlord or if it's bad enough a 'constructive eviction', which implies leaving without paying and/or the recovery of damages, but that is usually the hard way to address it, expensive and hard to get a lawyer to do it as most people can't afford to pay for that battle.

Also, and most importantly, landlord-tenant acts supersede the lease so both you and the landlord have the obligations of the lease and also the obligations and remedies of the Act which applies notwithstanding a different lease provision. Larger cities sometimes have their own version or supplemental rules, which gets back to the local housing authority source.

If you are in Kansas, and leaving aside Section 8 housing, disrepair or failure to adhere to a material lease provision can allow you to cancel the lease and move elsewhere without further obligation if you do it right, i.e., follow the rules.

In Kansas you can give what is called a 14-30 day notice which specifies the items in violation of the lease and/or the Act and that they need corrected within 14 days or the tenancy will be deemed terminated within 30 days and you can leave if it isn't fixed. (The link Elam noted should address that at 58-2859 in the Kansas Landlord Tenant link embedded in it. The City of Salina has a good handbook, too, you can get by Googling it.) The benefit is you don't have to give notice terminating the tenancy of 30 days on or before a rent due date, which is the norm (absent a set lease term other than month to month or longer term paid monthly) or otherwise be held to the term of the lease.

So it's addressed by forcing compliance, which you can sue to compel, too, though few do. You can use government regulatory authorities. Or you can properly terminate the lease and move. Or you can refuse to pay rent and defend your eviction or seek it as an offset, which is not a very good route to choose. There are a myriad of strategies to address it and they are colored and chosen based upon the acts, the lease, available law such as outlined, and your ability to pay a lawyer to do it. The last part is usually why it doesn't get addressed that often. People just move if the government can't--or won't--address it. Sometimes they form homeowner's associations to pool funds, hire a lawyer and address it, but that doesn't happen much.
bartipero is offline   Quote
Old 06-18-2013, 09:47 PM   #9
royamcr
Valued Poster
 
Join Date: Aug 7, 2010
Location: OPKS
Posts: 7,241
Encounters: 38
Default

Well scratch that, just checked an apartment review site and your place has more no ratings than a stinky hooker. lol
royamcr is offline   Quote
Old 06-18-2013, 09:59 PM   #10
malwoody
LOST IN THE GT
 
malwoody's Avatar
 
Join Date: Mar 16, 2011
Location: Kansas Hill Country
Posts: 5,066
Encounters: 2
Default

The problem is that right now the Complex has the hammer...what with all of the foreclosures the last several years these Rentors have the upper hand and they have gotten hard core...they don't give a crap if you vacate, they are hovering around 95% full. Supply and demand, several years ago they were jumping through hoops..not anymore.
malwoody is offline   Quote
Old 06-18-2013, 10:03 PM   #11
royamcr
Valued Poster
 
Join Date: Aug 7, 2010
Location: OPKS
Posts: 7,241
Encounters: 38
Default

Yep, but I think that 95% is easing up a bit since the housing market is slowly coming back. And it will steadily over time.
royamcr is offline   Quote
Old 06-19-2013, 05:09 PM   #12
Passerby
Gaining Momentum
 
Join Date: Jan 19, 2013
Location: kansas city
Posts: 78
Encounters: 1
Default

Kansas does have an Implied Warranty of Habitability; as expected.

I didn't read all the cases, but I doubt habitability applies to the common area. There may be a different legal theory to cover that, based on contract law, but it likely wouldn't get you out of your lease.


http://scholar.google.com/scholar?st...en&as_sdt=4,17
Passerby is offline   Quote
Old 06-21-2013, 08:15 PM   #13
Guest011214
Account Disabled
 
User ID: 101954
Join Date: Sep 24, 2011
Posts: 704
My ECCIE Reviews
Default

you guys are amazing! thanks so very much

i have gone around and taken a lot of pics!
the pool is still closed...summer is almost half over
Guest011214 is offline   Quote
Old 06-21-2013, 09:40 PM   #14
royamcr
Valued Poster
 
Join Date: Aug 7, 2010
Location: OPKS
Posts: 7,241
Encounters: 38
Default

summer started today
royamcr is offline   Quote
Old 06-22-2013, 07:26 AM   #15
Guest012814
Account Disabled
 
Guest012814's Avatar
 
Join Date: Dec 20, 2011
Location: KC metro
Posts: 406
Encounters: 14
Default

Angel - any of these pics you've taken include you either in some of that hot pornstar lingerie you have (or naked which is just as arousing), playing with your vast array of toys? If so, where's my copies?
Guest012814 is offline   Quote
Reply



AMPReviews.net
Find Ladies
Hot Women

Powered by vBulletin®
Copyright © 2009 - 2016, ECCIE Worldwide, All Rights Reserved