Landlord-Tenant issues

[kilgore_trout]

my garbage/recycling collection mysteriously stopped three weeks ago and when i ask about it i just get the brush off from the company that manages the property. and now rent is due. does anybody know what happens if i pay rent to a property management company that goes belly up or doesn't pay the property owner?

i'm starting to think the big real estate melt down could affect us non real-estate owners too. uggh. what is the point of being a slacker if i have to think about this stuff?

anyway, your thoughts or suggestions are appreciated.

 

[St810s]

Which property management company are you referring to?

 

[kilgore_trout]

its in wi

 

[matt8879]

If it's in the lease that they will cover trash, I'd look into a seven day notice of non-compliance. That law goes both ways. I've never had to actually do it, just threatened a couple of times and stuff actually got done.

 

[candg4ever]

I think the best thing you can do is make any/all queries by e-mail or USPS, then you have dated proof as a back-up to your inquires. ISU does have a tenant/landlord service, if I'm not mistaken. They could probably produce the best results.

 

[Kyle]

Always go to your written lease first and see what it says.
The Wisconsin landlord/tenant statutes can be found here:
http://www.legis.state.wi.us/statutes/Stat0704.pdf

I'm not sure if that will really answer your question though because you appear to be concerned that either (a) your property management company is going under and not paying the owner, or (b) the owner of your property is not keeping up with payments and your rental property could be subject to foreclosure.

In either case I think the first priority would be to make sure you fulfill your lease agreement so that you cannot be kicked out for that. If you pay rent monthly then don't pay more than a month ahead so as to minimize any potential loss on your part. As someone else mentioned, communicate with your landlord in a manner that allows you to keep records (e.g. letter or email). That is your evidence in the event there is a legal dispute. Refer to any parts of your lease if it requires them to provide garbage service.

 

[Clone1450]

my garbage/recycling collection mysteriously stopped three weeks ago and when i ask about it i just get the brush off from the company that manages the property. and now rent is due. does anybody know what happens if i pay rent to a property management company that goes belly up or doesn't pay the property owner?

Actually, the management agent doesn't pay the owner at all. The management agent is paid a fee to manage the property and they typically controll all of the accounts and handle everything. They pay the mortgage, the vendors, etc. Your main concern (other than your trash not being taken) is that the management agent is reflecting your payments in the accounting system so that if they are removed/replaced/go under it is clear that your rent is paid current. I would make sure to get a receipt for your rent payment from them so that if something does happen you will have evidence that your rent is paid current.

As far as the trash goes, your best bet is to probably send them written coorespondence of the complaint. Like it was previously said, check your lease to make sure it is suposed to be covered by your rent and quote the lease in your letter. Send the letter certified mail to the management agent both at the property and at their main office if you have that address. I would also try to find out who the property owner is and send them a copy of the complaint as well. Like I said, management agents are typically paid a pretty good fee (Ususlly 4-7% of gross collections) and an owner would be upset if they are not doing an acceptable job of managing things.

IF you want to PM me the name of the property I can try to help you identify the owner (it can be very difficult and sometimes impossible if they don't want you to know).

 

[erikbj]

I would track down who is blowing you off and take the garbage and dump it in their yard. Enough garbage builds up, they will notice.

 

[Phaedrus]

Find out whether there is a financial problem. Document everything. If necessary, you can stop paying rent, and a bankrupt company won't come after you anyway. But make sure you're covered ahead of time.

I made friends with a law student in college. Anytime I have a problem like this, I have him draft up a "lawyer letter". They usually get things going.

 

[b3r3m]

can you contact the trash company to see what's up? It just might give you more insight into what is going on.

 

[temperflare]

It could also be they just don't like you.

Kidding.

I'm with them above. Check lease, notify contact of issue, keep receipts, etc.

 

[kilgore_trout]

Well there is at least one lady there who doesn't like me much. She sent me a rambling email last night, apparently after a night of doing shots. Professional!

I got the city building inspector involved. He called the garbage company, who said service was suspended due to non-payment, and then dropped by my property manager's office with some pictures he took. Oh to be a fly-on-the-wall! Voila, no more garbage problem.

I pay the rent online so I do have electronic receipts should anything blow up down the line. I guess I'll keep my fingers crossed.

Thanks for your suggestions, all!

 

[CloneIce]

Wow. You got alot of good advice here. Lots of people pretty hardcore about their trash service.

I was just going to tell you to find a dumpster down the block or something.

 

[04clone]

Well there is at least one lady there who doesn't like me much. She sent me a rambling email last night, apparently after a night of doing shots. Professional!

I got the city building inspector involved. He called the garbage company, who said service was suspended due to non-payment, and then dropped by my property manager's office with some pictures he took. Oh to be a fly-on-the-wall! Voila, no more garbage problem.

I pay the rent online so I do have electronic receipts should anything blow up down the line. I guess I'll keep my fingers crossed.

Thanks for your suggestions, all!

Ding ding ding. Find out if what they're doing is against the housing code. If so, you are within your rights to quit paying rent (even while living there).