Tenant Landlord issue

[Particentral]

I need some advice, and I am calling an attorney this morning, but wanted to vent and ask opinions here as well.

My management company is pretty good. They leave me alone, they fix things that they are supposed to fix FAST, like the heat, and the hot water tank and the roof when it was leaking (well, that took four calls, but ya know)......the problem is my PARKING LOT is tearing up cars. Well, it could be. There are two large holes in it where you pull in and it floods when it rains. I am getting yelled at (LITERALLY) by customers who come in and drag the bottoms of their cars or scrape the bumpers. When it rains it is a soggy mess. We can have over 2 inches of water in the parking lot for days after the rain stops. Its disgusting and results in me buying traffic cones and having signs made saying "Park here when raining" to reduce the mess.

I put it a written work order with photos in June, July, September, November and have called repeatedly. In December (the 11th to be exact) they sent out a guy from a local concrete company to evaluate it and still nothing a month later. Today I have been giving out the Rental Agents number to anyone who complains. Its ten til 8 and have already handed it out three times! It's that bad.....

I need this fixed but am NOT coming out of pocket for it to be done. Any ideas on making it happen? My lease is very specific about them being responsible for the parking lot and all external features of the building......I do not want ot leave this perfect location in a wonderful building. I just want the parking lot FIXED!

[suzy6469]

Ok I worked at a store that had a similar problem. The holes in the parking lot were so big that one of my customers hit it when it was full of rain and blew her tire. We told her to file a claim with the management company for her repairs. Their insurance had to cover it after that the holes were repaired pretty quickly. Hit them in the pocket book that's typically the only way to get something to happen...

Good luck

[Helly]

Ask your attorney if you can withhold rent until the repairs are done. I'm sure laws vary by state, but I do know at least one state where this is legal, so long as you place the money in an escrow account.

[BIG M]

Parti

I have the feeling you probably have a very dear leasing deal. If you are fortunate enough to be 30 - 35% below going rate of nearby leases, I would stay my mouth quiet and do a patcher up job. I would then make an offer on the building pointing out reasons for the low ball offer. If they do not entertain your low ball offer with say a lease buy or get the lot fixed I would just keep grooming as many dogs as possible at a VERY LOW RENT and be prepared to jump ship at the FIRST comparable location I happened upon. Bet they sell.

[4Sibes]

I know this is a long shot...but any chance there is a local/city ordinance on the books that applies to safety or something? I mean I'm sure as a lease, your building has to be inspected at some point for exit signs/smoke detectors, etc. Well, I take that back...I'm not sure your building does...but around here, ours do. I know you don't want to create ill will...but maybe bringing such a thing to somebody's attention will spur an improvement?

It sounds like it actually could be considered a danger. Someone could even step out of a vehicle into a hole and twist or break an ankle if it's dark and they don't watch where they park.

[lightning]

We have a similar situation here where I reside & work. I manage a mobile home & rv park and the entrance and exit drives have pot holes as well. The problem we have run into is that the enchroachment to the property is the responsibility of the city/county and not the owner of the property. The owners are willing to have it fixed at their expense, but the city/county says no, we cannot fix it or have it fixed. They have put it on their list of things to have done, but it's been on that list for 4 years now and still hasn't gotten done. So, every few months, the owners buy cold patch and I end up hiring someone in the park to fill in as best as possible the holes in the asphalt, while we continue to wait on the city/county to do their job. You may want to check and see if it's the owner's responsibility or the county/city where the business is located.

Good luck getting it fixed....by all means, Do NOT pay for it yourself, regardless of how much you enjoy being at that facility.

[Paw-fectionist]

You might be getting yourself in more trouble than it's worth by giving out the rental agents number to all who complain. You really need to know how to handle things like that before you just go and make irrational decisions like that. You're talking about getting a lawyer but might get in big trouble yourself by passing out personal phone numbers. Deal with the landlord yourself and don't get your customers involved.

[Particentral]

You might be getting yourself in more trouble than it's worth by giving out the rental agents number to all who complain. You really need to know how to handle things like that before you just go and make irrational decisions like that. You're talking about getting a lawyer but might get in big trouble yourself by passing out personal phone numbers. Deal with the landlord yourself and don't get your customers involved.

I HAVE dealt with the rental agent and I gave out the BUSINESS number for the agency. The reason I did it was to let the agency know that #1 people are having a hard time and #2 ONE GUYS CAR WAS DAMAGED. I DID speak to an attorney to find out what else I can do, and she is reasearching it.IE Pay and deduct and escrows...I did not give out PERSONAL information. Its a bad problem that they are not dealing with and if they get enough fire under their butts they might....GEESH! I did not give them the freakin home umber of the building OWNER for crying out loud!

[Tat2DGroomer]

You might be getting yourself in more trouble than it's worth by giving out the rental agents number to all who complain. You really need to know how to handle things like that before you just go and make irrational decisions like that. You're talking about getting a lawyer but might get in big trouble yourself by passing out personal phone numbers. Deal with the landlord yourself and don't get your customers involved.

I disagree. Completely. Its her CUSTOMERS vehicles that are being DAMAGED by the neglect of the leasing agent to have suitable repairs done to the property. So the customers ARE involved.The customers have every right to complain to the leasing agent. If it was me whose car was damaged, you bet your bippie I want to talk to the agent or owner NOT the tenant

[kats_melody]

I HAVE dealt with the rental agent and I gave out the BUSINESS number for the agency. The reason I did it was to let the agency know that #1 people are having a hard time and #2 ONE GUYS CAR WAS DAMAGED. I DID speak to an attorney to find out what else I can do, and she is reasearching it.IE Pay and deduct and escrows...I did not give out PERSONAL information. Its a bad problem that they are not dealing with and if they get enough fire under their butts they might....GEESH! I did not give them the freakin home umber of the building OWNER for crying out loud!

I feel for you, Debi. I've had people take me to task on several of my posts this month. None of which would have occurred if the responder had actually READ and COMPREHENDED the post.

Good luck with your problem.

Laura

[odette]

It is the property managers job to insure the safety of the property. When we have had problems that affect clients or neighbors nearby I always give the #, Hope theholes are filled soon.

[Chuck]

In NJ I would have it repaired and deduct it from the rent

Dear Debi,

How long is your lease and can you afford to upset the landlord? What does your attorney say? After taking these two questions into consideration I would do the following.

My landlord is good about taking care of his property so I don't have the problem but if I did I would get a written quote from three contractors. Send the agent a certified letter (return receipt request) requesting repair within ten days from the date of receipt of your letter or you will have no other choice but to get it fixed for the safety of yourself, your family, your employees, your customers, the landlord’s customers and the general public.

You should also advise them that if you do get it repaired yourself that you will have no alternative but to deduct the cost of the repair from the next month’s rent to recover your costs.

If they do not fix it and you can afford to fix it yourself, have it repaired. Then when it comes time to pay the rent deduct the repair from the rental payment and either pay the balance or continue deducting from the next month’s rent.

They would have a very hard time collecting from you as you gave them written notice and a reasonable amount of time to respond. This is the way you can do it without having to use a lawyer. You may need one down the line so save your money.

You could sue them to get it done in landlord/tenant court but that's not as friendly as giving them a chance to fix it or mitigating the damages yourself. It may end up in landlord/tenant court but you would prevail as you stated it is written in your lease.

That is why we get a written lease so everyone knows what their responsibilities are. If you know you are in the right and can afford to fix it yourself go for it and let the cards fall where they may.

Good Luck and Godspeed,

Chuck

[Paw-fectionist]

I HAVE dealt with the rental agent and I gave out the BUSINESS number for the agency. The reason I did it was to let the agency know that #1 people are having a hard time and #2 ONE GUYS CAR WAS DAMAGED. I DID speak to an attorney to find out what else I can do, and she is reasearching it.IE Pay and deduct and escrows...I did not give out PERSONAL information. Its a bad problem that they are not dealing with and if they get enough fire under their butts they might....GEESH! I did not give them the freakin home umber of the building OWNER for crying out loud!

Oh sorry i misunderstood. You are giving out the number to the agency and not the Landlord.

[dogspaw]

Oh sorry i misunderstood. You are giving out the number to the agency and not the Landlord.

Debi may have saved the actual owner some greif by giving out the leasing agency's number. I know if I had been in the client who got the car damages situation, I would have marched down to the court house and found out who owned the property if I had not been given the info in the leasing company. Mater of public record.

Sorry you are having issues with your parking lot. Makes me realize how lucky I am to have a landlord who fixes things before I even know they need fixed. Maybe if they get enough complaints from clients they will do something about it.