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Landlord Lawsuits; Johnny RealEstate vs. Johnny Law

By: MommaRealEstate

Scales-of-Justice-RENT-01-0012To my disbelief a tenant filed a “violation of public health code” lawsuit against a fellow landlord I know. Landlords beware of tenant claims!

Broken window, faulty refrigerator seal, antiquated inefficient stove, snag in carpet and rotted trim. No rent payments were made since Oct. 2010, four months of no rent. The landlord complies with public code and the charges of criminal intent are dismissed.

The tenant case is postponed per their request; no rent again.

Finally the snow falls, and the tenant calls the police and reports that the landlord did not shovel their steps. The landlord was contacted and given only a few hours to remedy.

This is tragic on all accounts. So let this be a lesson for all landlords. In your lease, perform a walk-thru and checklist the apartments and put specifically in your lease that tenants have no access to certain areas (i.e. attic, unfinished common basements) and tenants are to remove their own garbage or landlord will do at the expense of the tenant. Snow removal is to be done by the tenant or by the landlord, but at their expense.

Always cover your bases.

Connecticut Judicial Branch; Law Libraries:
http://www.jud.ct.gov/lawlib/Law/landlord.htm

US Legal; Connecticut Landlord Tenant Law:
http://landlordtenant.uslegal.com/landlord-and-tenant/connecticut-landlord-tenant-law/

Update: The Battle continues…

Tenant has now decided that they’re entitled to a 50% reduction in rent paid for the entire term of their occupancy and is also seeking for the garage removal fees to be reimbursed.  The Connecticut State landlord laws say that only a single family home can allocate a tenant to be responsible for garbage removal.  Tenants and landlords should consult an attorney, they should also follow the Connecticut guide for landlords and tenants, and follow the move-in checklist as well. All parties should sign off on the move-in checklist for validation of the condition of the dwelling at the time of the occupancy.

~Momma Real Estate