Author Topic: Any Lawyers out there of whom I may ask a question?  (Read 134663 times)

Offline srap

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Any Lawyers out there of whom I may ask a question?
« on: March 13, 2014, 02:38:48 AM »
DDFers connect like family so I'm turning to anyone who may have knowledge or experience in renter/landlord issues. 

A family rented an apartment with the understanding and condition (no contract) that they would only rent it if it had working appliances, a bathtub (not a shower), outside-of-apartment stroller and bicycle storage (in garage used for storage), etc.


QUESTION: Can the renter reduce the rent by a certain (nominal) amount if the landlord chooses to change his mind after a couple of years? (i.e., not fix appliances and pipes and use garage storage totally for himself)

I need to give someone advice on this tomorrow and my resource person is unavailable.  TIA

Offline HP58

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #1 on: March 13, 2014, 02:41:10 AM »
Paging AJK, henche...

Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #2 on: March 13, 2014, 02:45:17 AM »
Paging AJK, henche...
Neither of them are online at this early evening time....

Offline HP58

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #3 on: March 13, 2014, 02:46:14 AM »
Neither of them are online at this early evening time....
Guess not...  :(

Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #4 on: March 13, 2014, 02:50:54 AM »
Guess not...  :(
Thanks for trying.  I am also interested in the halachic answer.  Probably even more. 

Offline HP58

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #5 on: March 13, 2014, 02:53:32 AM »
Thanks for trying.  I am also interested in the halachic answer.  Probably even more.
New thread: "Any poskim out there I can ask a shaalah?" ;D Or maybe post in the "Is it Ethical" thread.

Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #6 on: March 13, 2014, 02:59:43 AM »
Can I change the title to any Lawyers/Poskim...?

Offline Bostener

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #7 on: March 13, 2014, 03:15:21 AM »
Posting which city the apartment is would be very helpful.
Airlines sending me "We're in this together" emails.

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Offline jj1000

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  • Location: The value of a forum such as this one is not in that one can post a question and receive an answer, but in that the question has most likely been asked before, and the answer is available to him that will but only use the search function.
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Re: Any Lawyers out there of whom I may ask a question?
« Reply #8 on: March 13, 2014, 06:41:04 AM »
DDFers connect like family so I'm turning to anyone who may have knowledge or experience in renter/landlord issues. 

A family rented an apartment with the understanding and condition (no contract) that they would only rent it if it had working appliances, a bathtub (not a shower), outside-of-apartment stroller and bicycle storage (in garage used for storage), etc.


QUESTION: Can the renter reduce the rent by a certain (nominal) amount if the landlord chooses to change his mind after a couple of years? (i.e., not fix appliances and pipes and use garage storage totally for himself)

I need to give someone advice on this tomorrow and my resource person is unavailable.  TIA
An oral agreement, that you want upheld in a court in a few years? Good luck!
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Offline henche

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #9 on: March 13, 2014, 08:05:18 AM »
I have no idea; there could be any number of issues here, both legal and practical.  Besides for the contract law issues, there are undoubtedly state and possibly local laws that impact you.

Try googling and see if your city has a tenants guide. That might be helpful.

Also, try calling a local lawyer.

Also, try getting a new apartment, with a contract.

Offline Super Speed

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #10 on: March 13, 2014, 10:25:27 AM »

DDFers connect like family so I'm turning to anyone who may have knowledge or experience in renter/landlord issues. 

A family rented an apartment with the understanding and condition (no contract) that they would only rent it if it had working appliances, a bathtub (not a shower), outside-of-apartment stroller and bicycle storage (in garage used for storage), etc.


QUESTION: Can the renter reduce the rent by a certain (nominal) amount if the landlord chooses to change his mind after a couple of years? (i.e., not fix appliances and pipes and use garage storage totally for himself)

I need to give someone advice on this tomorrow and my resource person is unavailable.  TIA
What does that mean they rented with an understanding? Was there some type of verbal agreement or just an assumption on the tenants part?

Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #11 on: March 13, 2014, 10:28:47 AM »
What does that mean they rented with an understanding? Was there some type of verbal agreement or just an assumption on the tenants part?
Verbal agreement regarding required necessities



Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #12 on: March 13, 2014, 12:58:32 PM »
The answer, not as your lawyer, but as regular member of DDF is that, yes, generally if a LL breaches the lease, the T can withhold a portion of the rent.

But be prepared to be sued.
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Offline Menachem613

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #13 on: March 13, 2014, 01:00:35 PM »

The answer, not as your lawyer, but as regular member of DDF is that, yes, generally if a LL breaches the lease, the T can withhold a portion of the rent.

But be prepared to be sued.


Where did the OP say it was in the lease?

Offline Ergel

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #14 on: March 13, 2014, 01:01:44 PM »

Where did the OP say it was in the lease?
???
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Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #15 on: March 13, 2014, 01:04:18 PM »
Seems he started the imbibing aspect of Purim early.
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Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #16 on: March 13, 2014, 01:09:35 PM »

Where did the OP say it was in the lease?
They said even though they don't have a contract, the LL agreed to the garage space and knew that the reason they were taking that apartment was because it had the bathtub and appliances.  The LL also knew that the family turned down other apartments because the apts did not have those amenities.

Offline Menachem613

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #17 on: March 13, 2014, 01:10:28 PM »

They said even though they don't have a contract, the LL agreed to the garage space and knew that the reason they were taking that apartment was because it had the bathtub and appliances.  The LL also knew that the family turned down other apartments because the apts did not have those amenities.

That's not equivalent to a lease and hence the LL isn't breaking a lease.

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #18 on: March 13, 2014, 01:14:07 PM »
That's not equivalent to a lease and hence the LL isn't breaking a lease.

I love armchair lawyers.
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Offline Super Speed

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #19 on: March 13, 2014, 02:17:45 PM »

I love armchair lawyers.
Well said!