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Odd Instructions provided after the lease - Do I need to follow
B
Brian S
started a topic
about 11 years ago
I know I am a tenant and not a landlord, but I figured that this community would give me the viewpoint from the other side. I've owned - I've never rented, so I cannot tell if this is common practice or not. Pardon my posting here, but I'm hoping you might be able to provide some answers. My NYS lease reads: 28. WRITTEN INSTRUCTIONS. Landlord has given or may give written instructions about the care and use of the appliances, equipment and other personal property on the Premises. Tenant must obey the instructions. When I signed the lease, the landlord walked me around the property and the home, explaining some rules (mow lawn once a week, keep house and driveway clear of debris, etc.). I assumed that these were his instructions, as the lease also has explicit instructions about care and use of appliances. A week later, when I was not home, he brought over a list of 23 items we had to follow - I was not home, my wife signed and dates it (she is not on the lease). I have spoken to four previous tenants who have explained that he too provided them the instructions after they had signed the lease. Some of these are: Vacuum once a week, all weeds in lawn must be sprayed 'when they appear' - he includes bunches of clovers as weeds, ridex the toilets once a month, put cardboard under all lawnmowers if storing in garage, park vehicles on cardboard if in garage, do not use ay portion of the yard to turn around - back in and out of the driveway (we live on an extremely busy road), etc. Earlier this week, I appealed to him that our dryer was not functioning properly. He checked it out - it takes over two hours to dry a medium load of laundry. He explained that the dryer was functioning and that he would not replace it. He would only replace it if clothes were not drying at all. Countering this, he showed up the next day, entered my home without knocking, and he told me I was not holding up my end of the lease because my house was not clean "the fan blades are dirty." Now, he did not clean or tidy the home before we moved in. When we arrived from out of town to move in, he explained that he expected us later in the day and hadn't had time to clean. Being that he have a newborn baby, I told him that we didn't mind as we would clean as we went along. I feel as though if I push this dryer issue, he will use these issues on this list that he provided after the lease to punish me (he has already threatened to charge me if I haven't painted the walls where the previous tenants dinged the walls by the end of Nov). When he walked me through, it seemed as though he had given us all the directions (the walk-through lasted an hour and a half for a 900 square foot home). I am not trying to shirk responsibility here. I acknowledge that there are some awful tenants out there. But, the previous tenants actually stopped in to warn us about this guy a week after, the neighbors have told us that no one stays for more than a few months, and even the police of the town know of this guy as difficult man to work with (our landlord gave us 48 hours notice that he would be sealing our driveway and told us to park on the road; there is an ordinance that cars cannot be parked on the road after Nov 1 in this village. He allowed us back into the driveway on the 29th - just some info as to how we came to speak to the police about it - they stopped when they saw our cars on the road for a couple of days). I'm just looking to see if I need to be extra weary or if I can have a polite conversation with him that in lieu of the order of his giving us materials - and the fact that I didn't sign the list - if I can give him my assurance that the house will remain clean and that he has nothing to worry about.
1 Comment
R
Richard W
said
about 11 years ago
I am trying to absorb all of this... I am sorry that you have to deal with that. One, he should have cleaned and painted before your move in and you should have made sure that happened. It seems he is trying to take advantage of a signed contract. However if your wife is not on the contract I believe that her signature does not hold you, the tenant Liable. I would definitely talk to a legal consultant. Two, he breached the contract by entering the house with out notification. You can, most likely step away from this rental. If it is this bad to start it will not get better. It may be a headache to look for a new place but not a year long headache of dealing with this GUY. And remember he can not enter the property with out notice even if you are not there. So the little nit-picky stuff he should not be noticeable unless he is entering when no one is home.
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