Landlord is using threats of violence against me.

Submitted by Tumble85 t3_za3gpb in philadelphia

(Hi guys I am posting this for a friend, he tried making a thread using a new throwaway account but the post didn't show up.)

Oh goody I am in a really crappy spot and don't know what to do!

A week or so ago I was told my job is basically on pause and there is no money to pay me what's owed and it's not know how long. On top of that a whole bunch of family stuff is happening too.

(I actually had a second gig but it requires strict delivery steps. When my landlord showed me the place I asked about the door code because the boxes I get must be left behind a locked door and he said he just had to put batteries in it. Then after I signed he said could not give the code to delivery people because it's a security risk)

So unfortunately, I was not able to pay rent this month and have to break my lease and go home.

I told the landlord this today, that I was having some issues on multiple fronts and also the apartment has no heat and no hot water. I have not actually had hot water for the entire time I have been here, for a while it was kinda lukewarm (for maybe a minute) and that is how I like to shower so I told him a couple of times but never made a big deal about it, but a week or so ago it started getting worse.

Anyways so after I told him he was probably going to have to use my security deposit and last month rent because I only have a few hundred in my account he went ballistic. He came to the door and said he's going to throw me out, that he will kick my ass, that he's going to have "his people" thrown me out and all sorts of other stuff.

I honestly feel terrible I couldn't pay (even if he is a very bad landlord) but my savings are tied up in my parents house and I can't borrow from anybody with Christmas coming up.

I am terrified of being homeless - I am pretty sure there are laws that prevent him from just tossing me out, (and maybe laws about warm water and heat?) or threatening me with violence but it's still very stressful.

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TheFAPnetwork t1_iyk46o1 wrote

If you are locked out or the landlord shows up without notice, call the police. Don't be intimidated by the landlord.

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Jakesmonkeybiz t1_iyjytvl wrote

Contact a lawyer a lot have free consultation

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PhillyPanda t1_iyk71k7 wrote

What is the term of the lease? If it’s a month to month, give him formal notice in writing of intent to terminate now. If it’s a year long lease, the landlord shouldn’t really touch the security deposit or last months rent.

Make sure notifications are in writing and are asking him to fix things. Hot water is a required utility. Contact L&I about hot water/heat and have them document no hot water and temps below the required temperature. Have him check if the landlord is a licensed rental.

He can’t throw him out but he can start the eviction process, which will involve mediation so will take some time. While this is happening your friend should look for someone to take over the lease and ability to access his savings (might have misread this part).

Unless he documented the verbal threats somehow or has witnesses, it’s pretty he said/he said. He should only really have contact with the landlord in writing from now on.

If the landlord changes the locks/actually throws him out, he has recourse, it’s illegal, he should call the cops.

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IThinkImLovely t1_iyqqgfx wrote

You either:

  1. Watch a lot of People’s Court (me too)
  2. Work for the legal system
  3. Have direct experience with this.

Suffice to say this is flawless feedback. Technically, in some states you can withhold rent from a landlord that does not provide basic human living accommodations (ie. Hot water (especially in cold regions), electricity, or clean water).

OP’s friend please listen to this person ^ if you do it on your own or call the number posted earlier in the thread where an advocate can work with you through these steps.

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Tumble85 OP t1_iyqwdi0 wrote

(I am posting this for my friend, he was trying to use a throwaway account so as not to identify himself but new account posts don't show up here)

Hi I am the friend, thank you so much for the post. This apartment is in a pretty crappy area so I doubt anyone will take it over. The lease is/was 1 year but it also hasn't been followed exactly -- he tried to get me to pay 200 extra per month by sneaking a + $200 into the lease (and i honestly have no idea how he thought that would work because... I write the checks) because I said I would only pay 1st and security due to the area being crappy but we figured something out.

But anyways, a while ago I used my savings to help my folks out and they'll either pay me back when they sell the house or figure something else out. They are going through a tough time on multiple fronts right now so I don't think I can ask them just this moment and they won't be around until later anyways.

And I know legally he can't throw me out I just have no idea what to do if he tries or something, it's very stressful to hear it especially when life is dumping on me. Like he's always been very stressful to deal with (I think he is a compulsive liar) and I get why he is pissed but he went straight to threats before I could even finish talking.

Who is L&I by the way? Edit - oh, license and inspection. Do you know how long it takes them to show up?

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PhillyPanda t1_iyr141l wrote

Licenses and Inspections (311) - https://www.phila.gov/departments/department-of-licenses-and-inspections/

Life happens and he shouldn’t make threats but they contractually agreed to a year long lease for whatever amount is stated in the lease (if the extra $200 is in the signed lease, then it’s there) so your friend needs to look at their lease to see what they’re on the hook for financially. Sometimes there are early termination provisions to get out of a lease but usually not. He can also try to negotiate with the landlord (usually two months rent + security deposit is something a landlord might concede to) but the landlord doesnt have to agree to that.

Once he formally terminates his lease (and leaves), Landlords have to make an attempt to re-rent the unit but PA law is vague on this and your friend is going to be on the hook for rent until the landlord does find a replacement which is why it’s good to look himself if possible and find a replacement.

But… if there’s no heat (below a certain temp) / hot water (generally) - his place isn’t habitable and he can stay and withhold rent (put rent in escrow, which means he’s paying rent still but paying it to a bank where it just sits)/or he can terminate the lease and leave no penalty, which is why calling L&I may be a good move so it’s documented if this goes to court. Also why it’s good to be sure everything is in writing, certified mail preferred. Heat/hot water are typically emergency repairs so if not fixed within a day or two after formal notification, there’s a basis to leave.

This guy sounds sketchy and there’s a chance he’s not a licensed rental. You can search here: https://atlas.phila.gov/ If he’s not a licensed renter, it’s also illegal for him to collect rent from your friend so he’ll have no course of action through the court system to bring a suit against your friend if they leave.

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Tumble85 OP t1_iyrcv47 wrote

(This is the friend with the landlord issue)

Yea I do feel bad about having to break the lease like this, although honestly he kinda brought this on himself, if he hadn't lied to me about the door code (I had a second gig where I digitized records but they have strict delivery rules where they have to be delivered to me or a locked door in the building I live, and when he showed me the building I told him that and asked about the code lock and he said it just needed a new battery, then after I moved in he said the code couldn't be given to delivery people because it is a security risk) I would have money for him. I may still be able to come up with it but at this point I actually kind of want to get some official people involved because of how he threatened me. It wasn't just a few idle threats he was in the hallway screaming at me calling me names and saying that he was going to beat the shit out of me and have people do the same.

> which is why it’s good to look himself if possible and find a replacement

I honestly would not feel comfortable knowingly putting someone into contact with this guy.

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HuffleBird0919 t1_iykzfho wrote

Implied Warranty of Habitability. Talk to a lawyer.

If you told your landlord in writing that the heat and hot water was broken, save copies. If you told him verbally, write down when you told him and what you said as accurately as you can remember. Landlords are required to maintain habitable accommodations, and that includes heat and hot water. If not, you may be "constructively evicted," which means the apartment is uninhabitable to the point where you have to move out and you're not liable for rent (although you should still be saving the rent money in a separate account and not just spending it on other stuff). But talk to a lawyer first, someone already linked phillytenant.org which is a great place to start.

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ActionJawnson t1_iykfapw wrote

challenge the landlord for a winner takes all fight.

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defusted t1_iykx65u wrote

Golden guns in the complex. No odd-job.

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Spurty t1_iym85wr wrote

slappers only, let's drag it out a little

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Nice_Razzmatazz9705 t1_iym1niu wrote

This landlord sounds like a dick. As someone who owns a couple properties you handled this before things coulda got worse with no paying and he’s handling it horribly

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felldestroyed t1_iymubji wrote

For real though. Dude could've just stopped paying rent/communicating and dragged out an eviction for months. Instead, he's trying to be constructive and come to a resolution. Some people just don't know how to be professional and keep things above board. As is, with the right lawyer this landlord could be locked out of his own property via a restraining order and also be made to fix everything while not receiving any money.

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Tumble85 OP t1_iyqx13k wrote

(This is the friend, I was trying to use a throwaway but they.arent allowed to have their posts show up here)

Yea I just want to be out of here, I feel bad I have to break my lease and that I am unable to pay (though again, when he showed me the apartment I told him I had another gig digitizing stuff and that they have strict delivery requirements where boxes have to be left with me or behind a locked door in my building, and when I asked if the door code lock works he said he just had to change the battery. Then after I'd moved in he said giving the code to delivery people is a security risk. If he hadn't lied and I could do that job this would not be happening.)

I would normally be using my time to figure this out with him but he's acted so terribly and told so many lies and been so stressful to deal with that I am starting to feel like I would be more comfortable with some legal help.

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petalesdejuin t1_iymj8io wrote

He’d have to evict you and that would take months but I’m also pretty sure you not having heat or hot water is illegal and you can withhold rent money until it’s fixed. I’d contact a lawyer and i believe there’s a renters board here or some type of protection board (?) for this sort of stuff - I’ve seen people post about it in other threads maybe someone knows what I’m talking about and can link it

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beeps-n-boops t1_iyo7bji wrote

Maybe, just maybe, instead of everyone showing up to watch some slob eat a fucking chicken, maybe we should all go over en masse to support this redditor and make sure the shitbag landlord doesn't sic his goons on them.

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BasileusLeoIII t1_iyl2vne wrote

Read your lease for what it says about notice for landlord (or landlord's agent) to enter the property. Don't open your door for for anyone you aren't expecting, and don't permit him or his agents to enter without proper notice. Consider what tool you will use to defend if he follows through with his threat.

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