Frustrated with the landlord situation

[mommaof3]

As many know we are renovating and until the interior stuff for the most part is done we are renting here in Cleveland while the house in Cincinnati is being worked on so my husband doesn't have to look for a new job until the house is done. Well our landlord lives above us and is a freaking tool, full blown alcoholic. And we have had nothing but problems since we moved in but haven't been able to get out of our lease and figured we could deal until May. Well last night he started blarring his music at like 7:30 at night which wouldn't be an issue except our daughter goes to bed at this time, and our sons soon after. And it isn't the first time we have had issues. So I called my husband since he is the only one with their number to see if they could turn it down (I am also doing finals this week), and my husband was already in his meeting with the cell off. So I go and knock on their door, no answer, so I called the police. Which would be the third time in less than a month I have had to call about the noise. The last time he made threats about calling child services on me bc I apparently beat or molest my kids, his story changes every week. Well last night he told the cops the same thing, and they told me that he was super loaded and if I had any more problems with him that night they would come back and handle it for me (the cops around here know him WELL). Then he calls my husbands cell phone and leaves a message saying that we have 30 days to move out and yadda yadda, I'm a blank blank, and he called child services on me and he said I wanna call the cops then two can play that game. I am so over it already. My husbands whole family is ready to mob over here and take care of business. He yells obscenities through the vent that I don't even say, and he is yelling this all to me. My husband tried to file a police report last night about it but they can't press charges since he didn't actually threaten me. They can only do it if he threatens me or hits me.

I take VERY good care of my children and this is really bothering me that someone would be so manipulative about the whole thing. I have no clue if he actually called but I assume I will find out soon enough. I have nothing to hide and they are welcome in my home, but it is frustrating at the same time because he knows what I am going to school for and that I will be going to nursing school after wards and even a false accusation will keep me from becoming a nurse or even working in the field I am studying. Can someone really try to destroy another persons life like this? We are putting his rent into escrow because of neglect on his part, and this house is already in forclosure but he filed bankruptcy so if he doesnt pay his mortgage it goes right back up for auction. Either way we are safe. My husband saved the voice mails as well as another one he left and we have been in contact with a lawyer for the past month about this guy and even told the lawyer about the threats he made about calling child protective services on us. I am so frustrated, I don't want to wish anything bad happen to him because I am a christian but at the same time I would love to.

[Jag]

You should find another place to live. WAY too much drama there! If you aren't paying your rent, you can be evicted. From the sounds of it, you need to just find somewhere else to go. Playing into the whole thing with threats, cops, CPS, etc. is just non-sense. Accusations made against you for anything will NOT keep you from getting your nursing license, nor will it stop you from working in the field. If you are convicted of abuse, that's another story.

Don't focus on what 'could' happen, I'd be more afraid of what your kids are being exposed to where you're living. If he's shouting things through the vents, etc... you need to get them out of that environment.

[MaryG1959]

Get a lawyer, leave and if he refuses to give you back any security deposit you might have given---take legal action.

Sounds like you have no choice.

[Greycloud]

Actually, she does have the right to put rent pay into escrow if repairs are not handled by the owner. My husband use to own 6 rental properties. I do feel that this enviorenment is unhealthy for your children though. I would consider moving and getting a month to month lease till your house is ready.

[Jag]

Originally Posted by Greycloud

Actually, she does have the right to put rent pay into escrow if repairs are not handled by the owner. My husband use to own 6 rental properties. I do feel that this enviorenment is unhealthy for your children though. I would consider moving and getting a month to month lease till your house is ready.

I think I missed where she mentioned repairs not being done... I don't know what state I was in at the time, but I had major repair issues not being addressed, and when I called a lawyer he told me that I had to pay the rent or risk being evicted. Maybe it's state by state? Either way I missed the other part altogether... thought she meant they were witholding rent because of the noise issue.

[MissV]

I'm sorry, I don't know what the hell cop your husband talked to but that can't be accurate or he didn't convey all of what you've told us.

This behavior is harrassment and because of his position as your landlord, his threats are considered quite serious. The problem is the best you can do is get a restraining order for that kind of stuff....and that doesn't work too well.


Keep working with the lawyer, as he should be able to figure something out of this mess...but honestly, make sure to look over your lease too with this guy. His behavior sounds like it would be in violation of a standard lease.

And I'm a Christian too, but God wants us to protect ourselves and our families and do what we have to. Not suffer in silence. That helps no one.


Either way, we have your back and I'm keeping you in my prayers. You guys will get through this. <3

[mommaof3]

Putting my rent into escrow is still by law paying my rent, I just put it into an account through the clerk of courts where it is held until he can show proof of the problem being fixed and then he has to pay a fee of like $100 or maybe even more to get the money out. By paying my rent to the clerk of courts is a way of documenting through the judicial system how my landlord is acting.

We have a lawyer who is working on finding a way out of our lease right now. But the closer it gets to our lease being up the more pointless he feels it is to find another place. We have been looking at other houses in the area but the landlords are looking for long term tenants, with a year lease or more. And we don't want to end up paying out of pocket anymore than we already are. If we put our rent into escrow and he hasn't fixed the things that need to be done then he can't make his mortgage payment which is like $1500 or so, and our rent is a nice chunk of that. Plus he is unemployed and his fiance is the only one working and even with all of her paychecks a month and our rent they are barely able to pay it. So it is only a matter of time before he gets put out on the street for failure to comply with his banckruptcy terms. He filed a 13 so even one missed payment will result in the house being back up for auction. It was supposed to be auctioned off 15 days after we moved in, and we didn't know that. Luckily our lawyer said that we are safe for the term of our lease if it goes into forclosure and we would just pay our rent into escrow until he fixes the items (even if he is no longer in possession), and when he does fix them and the house hasn't been sold we pay him. We are only not obligated to pay him if the house sells. When it sells we then pay to whomever bought the property. And when he is no longer the "landlord" we can actually sue him for double the amount of our security deposit since he rented the property to us under false pretenses, but not until then.

I guess my husband talked to him this morning and he almost got arrested last night over the noise disturbance since this was the third time in like 2 weeks we had called, and he still hasn't paid the last ticket he got. He says he is going to call the police on us anytime he hears any sort of loud noises coming from our unit, but the cops said if they come out for something like a teething baby crying he will end up being the one in trouble because he is misussing the police department. The only loud people in the home are the kids when they are sick (whinning,crying), or just playing about the house. And we never have our tv up loud, heck we don't even have anything adult on until after 7:30 when they get ready for bed. And usually by then I am doing homework or getting ready for bed myself.

But I gotta go I am babysitting now and they just walked in the door and I have to finish baking cupcakes for my son's birthday party tonight.

[mommaof3]

Thank you all! I am just wish the house was DONE already. But my dad kind of let it go over the years since the divorce so now I have to fix up before we can move in.

[DeaGrain]

Just to ease your worries...I work with child protective services (but in Florida). If he really calls, they will come out an investigate. If you tell them everything (the police calls, the officers names, etc) where they can verify the information they will dismiss it with what we call "no findings". Meaning that there was no evidence of the allegations. If he continues to call (harass you) they will write him a letter telling him to stop abusing the system or legal action will be taken.

If he calls, it can in no way effect your employment, especially if there are no findings. Applications ask for CRIMINAL charges, not Dependency Cases (child protection). You in no way have to disclose the information and no one else can either (HIPPA Laws).

If you have told everything above...then the case would be closed with no action.

Granted, we are in different states but the statues are basically the same country wide with slight variations.

By the way, I agree with Greycloud about it not being a good environment for the kids.

Hope it helps and good luck!

[mommaof3]

Thank you so much for all of the info and kind words guys. This man really stresses me out. I wouldn't be worried if CPS came to the home because I know I have done nothing wrong. My house is immaculate, and we use timeout as our form of discipline. The kids scream at the top of their lungs when we put them in time out, but who likes timeout. I know I didn't. We have sat down with our children and talked to them about the landlord because they wave to him and stuff out the windows and we don't like that. We explained to them that he is sick, and he doesn't understand the things he does but that it was not an excuse to act badly. And my oldest I think gets it but my middle son is like "whatever mom" and goes back to playing again. We are looking for other places but haven't had much luck, my husband is even willing to pay another $200 a month outside of our budget to move, which will delay the renovations but by May the stuff that needs to be done before I deem it ok to move back will be done.

This man just stresses me out, and more so this week because, I have FINALS (can't wait for those to be over with), my youngest sons Birthday Party (and I am the only one making anything due to hubby working), the kids are in an uproar because of Halloween, and my daughter is teething, oh and AF finally came. Just not a good week for me. I am just looking forward to church. At least there I can take some time to think and pray.

Thanks again everyone for being my shoulders, I don't know what I would do without BB, which is kinda sad but at the same time comforting to know I have friends everywhere who share the same love I do.