Expert: Jim Avancena, CPM - 6/12/2008

Question
I received an invoice from my landlord with copies of bills that she paid from structural work on the building.  I was cosmetically renovating an older building which had been neglected for years.  While changing out lights which were not working, the ceiling caved in on us.  Fortunately, no one was seriously injured.  Once this happened, we contacted the landlord immediately.  She filed a claim with her insurance company, and they paid approx. $3000.  The electrical wiring was not up to code, and we could not install new lighting once the ceiling caved.  The landlord hired an electrician to install wiring and hang basic lighting.  The electrician quoted her $2500 for lighting.  I called her and told her that I could purchase track lighting and save her roughly $1700.  She agreed and said she would reimburse me for the lighting.  I did receive a check from her for the lighting.

The landlord and I agreed that she would have the HVAC in "imminent working condition" before November 1.  She failed to do so, and after the ceiling collapsed, she made it second priority.  Come to find out, the unit was over 30 years old and 7 different HVAC companies would not give it a clean bill of health.  She finally agreed to have a new unit put in a few weeks ago.  

Now, she has sent me a bill for the ceiling, wiring, lighting, and $500 towards the A/C.  I responded with a letter reminding her of our agreements and included copies of letters that I had sent her with receipts.  She replied stating that the lease says that the tenant is responsible for things that the insurance does not cover.  It also states though that the landlord is responsible for structural expenses.  

This last letter states that I need to add $300+ dollars to my rent check for the next year to pay this bill.  Can she really do this? Even if I have a copy of the check where she initially reimbursed me?  She is simply doing this because she has neglected to take care of the property for tens of years.  Now it has hit her all at once...she has been collecting rent for a long time, but has never spent a dime to maintain the building.  I have spent well over $10K just to improve and increase the value of her building.

Is this worth me getting an attorney?  

Answer
Shannon-

There is much I could tell you about the incidents you have detailed in your question, however, suffice it to say that your landlord has integrity and other problems.  

You should keep very detailed records and any other proof of the problems you are experiencing with your landlord and secure the services of an attorney that specializes in, "Landlord / Tenant" , law immediately.  Do not try to save money by hiring a brother-in-law or friend that specializes in divorce, criminal, or other law.  

A "L&T" legal specialist will understand each of these matters, know what to do and how to get started with this situation without any delay.   Additionally, be aware that many "real estate" attorneys are competent in Landlord / Tenant law, however, not all.   Get a real estate specialist experienced with Landlord / Tenant cases.

It is hard to tell if it is "worth" getting an attorney until the facts and evidence in the overall case are reviewed by a competent attorney.  Often "winning" your court case against your landlord does not mean the terms of the judgement will be sufficient to pay your legal fees and bring you economically even for the problems your landlord has caused you.   If you don't have the ability to pay legal fees or don't know where to find a Landlord/Tenant legal specialist, contact the closest Bar Association and ask them for their assistance.  Often the Bar Association will have attorneys willing to limit their fees to assist deserving people or others that do "Pro Bono" work; i.e.,  providing their legal services at no cost for worthy situations.

I am sorry to learn you are having such difficulty. Do not shrink from gaining an equitable result.  Best of Luck.

-Jim