Repair Work Trouble - Advice Needed Regarding Assertiveness

[p-no]

Hi all,

In November, I moved into my new rental apartment. Everything seemed well, the agent was nice and always followed up on things he said he would take care of.

The whole building had been renovated and the necessary work had not been completed. I should get a little garden of my own in the back yard and it was supposed to be ready two weeks after my moving in. The agent explained that some of the construction and repair workers were sick which was why everything was delayed. Since it was winter, I said it was fine if it took some time; you couldn't sit outside anyways. Well, it is almost March.

There is one of the workers on site, M., who is responsible as it seems. He is the one we get refered to when things come up (repairs needed, issues, etc.); at the same time he is the only one (!) of the workers who speaks enough German to understand. I have tried with others and what I noticed was confirmed by the new caretaker.

So, there were several things: toilet leaking (water pipe, so not too bad), the electricity sockets didn't work, etc. Whenever (every single time) I would fix an appointment with M., he would not show. He would not call or let me know either. He just wouldn't show. So, you had to fix several appointments to have him finally do the work. Three times I wasn't here with him (working) -- which resulted in the work not being completed. So, status quo: after three weeks of calling him and fixing appointments once again, I am missing my spare apartment key (which he agreed to to put into my mail box which is "open 24/7"), the sockets are in a bad state (though working), the gas pipe (!) has not been fixed and the toilet is still leaking. Needless to say: no garden. I should add that I have been paying for the non-existing garden since I've moved in.

Of course, I have contacted the landlord's office several times. It keeps resulting in them telling me to call M. I have sent messages (to have something in writing in case I need it for legal case) telling them he is totally unreliable, but they keep writing back to call him. This does not help.

So, as for the question: Been assertive, made clear I am not happy, wrote out all the details with dates and times and saying M. has not shown once. Well, the landlord does not seem to care. So, what do I do? What else can I do but see a lawyer? And stop paying for a non-existing garden? I will see a lawyer about that asap next week.

Any ideas?

 

[MagiLisu]

I would assume it doesn't matter what country you are from landlords have the same responsibility, to ensure that your property is fit for purpose. I would definatly get some legal advice, either from a lawyer or maybe some other organisation which may be able to offer you free confidential initial information and/ or advice.

You should definatly find out what your rights are, as well as the correct route to go down to complain. I work for an organisation who gives information and guidance to people about their legal rights, so I know this kind of thing is common.

 

[p-no]

Thank you, MagiLisu. I will go with that.

I find it sad that wherever I've lived it's been like this. You can hardly do anything anymore without having to involve a lawyer or organisation you have mentioned. We have them here as well. Sometimes I wonder why I even bother fulfilling my responsibilities when so many people don't care about their's. Oh, well.

 

[MagiLisu]

It is very sad that people feel that they can get away with treating people how they like, and even worse when you realise that many people let them get away with it. I didn't realise how bad things were until I started working where I do but there is help out there for people, and our clients go away feeling happy and supported.

Good luck with everything, and keep fighting:)

 

[p-no]

You are right. I won't stop fighting, no worries. But really, I am tired.

 

[Whitneys story]

Grrrrrrrr, Just when I was going to ask about the loft! Is it possible to find out who owns the property?

Many places work with property managers. The owner pays them a monthly fee. The owner might be unaware of these issues.

Some of these are serious issues. Electrical! Since it was recently renovated I would call the building permit dept. Get the name of the company that got the sign off on the permit. Call them direct and request a repair. It is your legal right to have safe wiring!

If you can track the owner I would send copies of your information to them as well.

Unless there is a clause in your agreement that allows them a given time factor for making repairs, I would deduct a portion of payment until repairs are made. Money always talks!

Document every thing, they are asking for aggressive action. Assertiveness only goes so far.

Know your rights and proceed. The law is on your side! Sorry you have to experience this. Whitney

 

[Philippa]

I think it is universal that landlords tend to not follow through on their promises, or it is rare to find one who does. As for workmen like the one you mentioned, that is all too common unfortunately. It's a sad state of affairs, and I can empathize with your feeling like why should you bother doing the right thing when no one else does. I've felt exactly the same way, but I don't want to be like them, so I continue on doing what I think is right.

I think the others have offered some sound advice. I have no other ideas to throw into the ring but I do hope it works out in your favor. I have had to wait almost a year for the people in the house to start installing the toilet and shower, after she said it would be a few months.

I'm glad they are starting on it because I was considering finding somewhere else, but really this place suits my needs perfectly. The man got really sick though after I moved in and is in the hospital waiting line for an operation on his sinuses, so I have tried to be patient and understanding about that. I paid no bond and am not on the lease though, so I really don't have any rights, unlike you do. I'm grateful they have decided to do what they said they would now though.

 

[Britt.f7]

Sometimes I wonder why I even bother fulfilling my responsibilities when so many people don't care about their's

No, this is one of the things that makes you a good person.

They sound like the landlord(owned the building) and maintanance that my mom had at her last apartment. He was all sweet and roses before she signed the lease. Afterwards he was scum. He was even a jerk after she died. I'm glad never to deal with him again. I surely hope Karma exists.

Good luck. I'm sorry you have to go through this.

 

[Rumors]

Just my two cents but I disagree about involving a lawyer at this point. Not to say that you may not in the future, however I would send a certified letter to the office manager outlining each complaint, the times you have tried to resolve these issues, as well the number of times you were stood up by the service person. Send them some available dates and times for them to complete the work and demand that payment collected for the garden will be moved forward to the date it becomes available. If the garden was part of the original lease, depending on where you live, you perhaps could be obligated to continue to pay for this option but I would start with my above reference. Send pictures to document your demands, sign it and copy on the bottom, if you chose, the attorney which you will use.

Quite frankly, that is all a lawyer would do at this point anyway. Save your money for litigation if need be and write your own demand letter.

Just my humble opinion though!!! Good luck! It sucks when people are not on the up and up. I loose tolerance for such business practice! I am very sorry you have to go through that.

 

[p-no]

Thank you, Whitney.

Many places work with property managers.

Yup, same here. Those are the ones I'm in touch with. I guess, the owner does not know what's going on. But I also don't see it as my job to let them know. They do know of the delay in all the construction and repair work, but I am 110% sure he doesn't know about that repair guy's total inability to be reliable. The neighbor one up has been yelling at the caretaker already because of the repair guy and seriously, I can't blame her. She's only been here a few weeks now.

call the building permit dept.

Things like this are not easily doable in my country. Data protection above all! No security checks! No giving away of addresses or any personal information. Sue them is the only way, generally speaking. Well, I have a long list of things I'll take to the "tenants association", they are an organisation that have lawyers who specialise in rental law and will tell me how to proceed.

I would deduct a portion of payment until repairs are made.

I suspect this is what I'll do. But I want a lawyer's approval.

Assertiveness only goes so far.

What I'm saying! My new motto ;)

 

[p-no]

Thanks, Britt.

e was all sweet and roses before she signed the lease.

I've been thinking the owner chose a great agent who "sold" the apartment very, very well. He also cared and took care of things he said he would. The property manager though... oh well.

 

[p-no]

Hi Rumors,

Maybe the process of dealing with such things differs from country to country. In mine (Germany), all we can really do is go get the support of a lawyer once everything else (demand letters, documentation, etc.) have been to no avail. Which is where I am at, since in Germany, e-mails are considered the same as "certified letters", although in reality, real letters (paper) still weigh more for some reason.

and demand that payment collected for the garden will be moved forward to the date it becomes available.

This is also something not possible here. According to state law, if you don't object (in writing) when the problem has first occurred (usually a period of two to four weeks) and if you continue to pay, you can not get your money back or moved forward. It is legally considered "an accepted issue" and thus there is no legal basis for a claim. So, all I can do is stop paying from asap, which is exactly what I suppose will happen next week. As Whitney said, money talks. Unfortunately. I don't need threats or reminders to pay my rent. What I have learned from this though is that I will not oblige to repair guy's "demands" to be here when he is ready! (He showed up this week, literally saying to me on the doorstep: "Now?" (Of course, for that day we had NO appointment))

I lose tolerance about such business practice as well. It just bothers me because we could all live a better life if we just did what we say.

Thanks, Rumors.