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I've been thinking on this for so long that I feel like I'm a theorist at this point. The timeline of everything makes me think I'm correct, but I don't know what I can do about it or how to even prove it if I'm correct. I need to ensure I have details in line so things make sense, so this will be a longer post, and for that, I'm sorry.
My wife and I have lived in this rental for over 3 years now and have never had a big issue previously. Currently, it is her and I, our 18 month old daughter, a husky mix and a cat. We did have a great dane until last week. We found a better home for him than we can provide with the struggles we are having now. We started our first lease in this rental with one roommate and my wife's dad as the cosigner, our second lease was just my wife and I and her dad was dropped from the cosign, and the third lease they at first said they needed his signature again since he was previously a cosigner but we clarified he had only cosigned the first lease and not the last lease. If nothing else, it shows me they aren't on top of their records. Maybe I'm reading into it too much, but the leasing company has also changed their name since we started with the company but the owners are still the same.
Last September, we had some bad wind storms that blew through and damaged our back fence. It was still adequately serviceable with only two posts of nine broken, but I was concerned it could collapse in another wind storm because many other posts were clearly rotted through or close.
When I reached out to the landlords, I provided a bid as I had a start-up contracting business. After a month of inquiries into the bid, I was ultimately advised that the homeowner won't allow tenants to perform modifications or repairs to the house, and I shifted my attentions elsewhere.
In mid-January, we received an email stating our maintenance request had been received and it was regarding locating utilities, so I know the fence repair was going to be moving forward. Fence company came out and removed one section of fence because there was no gate to have back yard access but didn't do anything else at the time.
On January 27th, we receive a text message from the leasing agent that she was on her way and would be by to take pictures of the fence for before and after pictures. When she arrives, I greet her and walk around the outside of the house with her to answer any questions she might have of me. We talk for a bit she takes photos and doesn't ask a single question about any of the items we have outside.
Sidebar- my wife and I were collecting to many items for future projects. It was a minor hoarding stash nothing outrageous but still unsightly. On the side yard I had a big garbage bag with aluminum cans (I had hoped of eventually making a portable foundry to make castings but that's another story) unusable tree branches that were slowly being disposed of in the trash as it could fit, garden fencing that was going to used in the spring for a garden, a red flyer wagon with wood slat sides that was a toy for our daughter that just needed a little TLC, galvanized steel sheets I had gotten from a contracting job I worked on and was going to use in the construction of a free standing storage shed, some metal scraps, wood scraps and some true rubbish that was about to go out with trash later the next week. The front yard had more gardening supplies, a baby jogging stroller, a small plastic table and 2 chair set. In the backyard, there was a pile of leaves that were touching the back fence that was deteriorating. They had been placed there in November and were gathered together to start composting down as we were going to use them come spring time. They were placed away from the location of damage as I didn't want to damage that area further and the leaves were too be moved by March at the latest. We also had 2 dog beds, an older wooden crib that was repurposed into a basket for dog toys, 2 grills (one charcoal, one propane, propane grill under a cover, no tank attached) wood scraps, outdoor furniture and buckets for dog waste. We are normally on top of dog waste but we got behind on picking it up in January because we had 2 deaths in the family and the weather made it difficult as well. With a great dane and a husky mix, 2 weeks can make. Ok end Sidebar
On January 30th, we receive another text message from the agent saying fence construction could start as early as the next day and to have all debris moved 2 feet away from the fence. Mind you, I live in Denver and during this time, it was -2Ā°F. We cleaned up the dog waste as best as we could, the pile of leaves was a solid ice pile and any waste in the snow/ice wasn't coming out cleanly.
On the 1st of February construction on the fence starts. We also receive an email saying it's time for lease renewals. Last year our offer was 12 months or month to month. $1960/month and $130/month pet fees if we signed for 1 year. Last year we were planning to be in a different location soon hopefully our own home instead of renting so we also to keep it month to month which increased the price $200/month. This year's offer was only 12 month term, no month to month option. $2495/month and $130/month for pets. We didn't sign right away because the price is pretty steep and we wanted to see what options were available to us.
On February 2nd we received a notice of compliance or vacate. They stated everything in the side yard and back yard was trash and needed to be removed or we needed to be out in 10 days. We panicked and spoke with family to figure out next moves. My wife's step mom rented us a 30 yard dumpster and we got to work. Over the course of a week, we threw away all the trash, we were able to donate out working equipment like a lawn mower, most of the gardening things and many others. We cleared hopeful projects from our garage, cleared the front yard, and tidied up the back yard. When it was all said and done, the only things remaining in the back yard were: 2 dog beds, wooden basket with dog toys, a platform to keep the grills, gardening tools, and poop buckets out of any mud. And a wheel barrow with some outdoor trash that accumulated after the dumpster had left but before regular garbage could be taken. The front yard had the outdoor table set and the side yard was completely clear.
The agent came to the house the 14th of February at 530pm to take pictures. My wife got home at the same time and before I had a chance to speak with the agent to clarify things, she was gone.
The agent calls me the next day, around 530pm to tell me we did a great job cleaning up she really commends it but there were still a few items that needed addressing. There were a few piles of dog waste, the basket with items in it, the two cot looking things, the items under the tarp and the wheelbarrow.
I disputed the items. I clarified the uses for the items. The basket was to hold our dog's toys and the beds were to keep our dogs out of the mud. She said they were in violation and it didn't matter. I said the object under the tarp is a grill and the charcoal grill was also clearly visible the whole time. After I said they were grills, she told me grills were in violation and when I pushed back she said the insurance didn't cover grills. She also said that with the first notice that we received, if we had another violation, we would receive a notice to vacate, so we should consider ourselves lucky since she was only verbally warning us. She also said the inspections were standard and part of normal practice. When I asked when this started she said it started at the beginning of the year.
I looked in my lease and the only thing it says regarding grills is "Resident shall not maintain or use any barbecue grill or similar device or apparatus (āgrillā) if prohibited by any law, ordinance, or regulation, including but not limited to any fire department rule or policy. Before grilling or barbecuing, Resident shall verify with the management office whether barbecuing or grilling is permissible at Residentās community. If permissible and not prohibited, Resident will only grill or barbecue in compliance with any applicable laws and these community policies and the Lease Agreement." When we first moved in, we were given verbal confirmation that grilling was allowed and have not received any notifications that the terms were updated to inform us of the update.
I also challenged the leasing agent on the amount of the increase. She said that the broker came to that amount based upon evaluations and assessments. When i did I quick search of rental listings in my area, I was finding prices between $1500 and $2200. I did see one listing for $3500 but it was also 1000 sqft bigger than ours.
The way I'm seeing it is this: leasing agent saw the state of the property which they did not approve of. If they sent the notice for compliance before the rental increase, the increase could be seen as retaliation so they wait until after the leasing offer. But if we had signed the leasing offer right when it was sent, and they decided our clean up wasn't good enough, they could have kicked us out and we would then be on the hook for the property until they get a new tenant in my place (if they ever find someone)...
I guess basically I'm trying to find out: Does the leasing company seem to be punishing us through a rental price increase because the outside appearance was subpar? Do I have any wiggle room with the policies since they seem to be more geared towards apartment or community living? I understand the need for cleanliness, but can they really require us to vacate if one turd pile is left in the backyard? Is it unreasonable to leave dog toys if not orderly, at least contained and a dog bed in a private backyard? Can they demand we remove a grill and evict us over said grill if it's not stated in the lease? Is it shady for a leasing company to change names but not ownership or am I reading too much into it?
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