Half-way through their 3rd signed, non-self extending, 12 month lease with me, my tenants sent a list of "Code Violations",
threatening to call the Health Department if I do not:
a) I modify their lease with an "any thirty days" move out clause.
b) Immediately return their one-month security deposit.
c) Pay them $2800 for heat loss, because the place is drafty (this, being their 3rd signed lease and 3rd winter.)
d) Pay them $280 for the 40 watt bulb they've used to light the hall (though each apartment has its own switch AND light bulb)
Rather than paying (their extortion), I decided to put the money into addressing their long list of concerns, installing new wall sconces, replacing a small porch floorboard whose paint had scraped off, etc. Made appointments to fix the shower wall they rotted. Made appointments to recaulk their windows, etc.
Sure enough, they brought in The Board of Health Beyond a few cracks in window panes, (cracked by them). perhaps a lock that needs replacing, possible "Shared facilities" (regarding light bulbs) the Inspector found nothing. ALSO he checked off NOTHING in the Health, Safety and Well-Being Section.
Along with the Health Department Report, the Tenant included a letter, identifying an escrow account where they are now depositing their rent.
Without that rent, ($1825 a month), it will be difficult for me to continue addressing the list of repairs.
(All correspondence has been through email. But this latest, promises a hard copy to follow)
The Health Inspector tells me that the Tenants may bot withhold rent, or elect to deposit in and escrow account, without first going to Court.
1. How can I get the rent ?
2. Am I now vulnerable to a claim of "retaliatory action", if I sign a lease with others, to begin at the termination of theirs ?
There is a lease clause, citing April 1st as the deadline for electing to renew. But I sent no "Non-Renewal" letter (unaware of such forms).
threatening to call the Health Department if I do not:
a) I modify their lease with an "any thirty days" move out clause.
b) Immediately return their one-month security deposit.
c) Pay them $2800 for heat loss, because the place is drafty (this, being their 3rd signed lease and 3rd winter.)
d) Pay them $280 for the 40 watt bulb they've used to light the hall (though each apartment has its own switch AND light bulb)
Rather than paying (their extortion), I decided to put the money into addressing their long list of concerns, installing new wall sconces, replacing a small porch floorboard whose paint had scraped off, etc. Made appointments to fix the shower wall they rotted. Made appointments to recaulk their windows, etc.
Sure enough, they brought in The Board of Health Beyond a few cracks in window panes, (cracked by them). perhaps a lock that needs replacing, possible "Shared facilities" (regarding light bulbs) the Inspector found nothing. ALSO he checked off NOTHING in the Health, Safety and Well-Being Section.
Along with the Health Department Report, the Tenant included a letter, identifying an escrow account where they are now depositing their rent.
Without that rent, ($1825 a month), it will be difficult for me to continue addressing the list of repairs.
(All correspondence has been through email. But this latest, promises a hard copy to follow)
The Health Inspector tells me that the Tenants may bot withhold rent, or elect to deposit in and escrow account, without first going to Court.
1. How can I get the rent ?
2. Am I now vulnerable to a claim of "retaliatory action", if I sign a lease with others, to begin at the termination of theirs ?
There is a lease clause, citing April 1st as the deadline for electing to renew. But I sent no "Non-Renewal" letter (unaware of such forms).
