Submitted by dogmum60 t3_1253aq1 in newhampshire

Hi there, thought I would post here to see if I can find any solutions to a very annoying problem… my wife and I rent a home in the lakes region of NH, have been renting for approx 4 years. The owner died about 3 years ago so the property was passed on to the son, who hired a property management company to deal with the house. It’s a very very old house, layout is not the most convenient, outlets are randomly placed, fireplaces everywhere, just a weird old house but it’s cheap and has a nice plot of land so we stay till we can buy. The property management company consists of just two people (married) on their 60s, wife does office stuff, husband (PM) deals with labor. The guy is, in the nicest way possible, way over his head. Anyway, to the problem we currently face: The new owner decided that he wanted to "fix" certain rooms of the home, so the PM decided to start with the kitchen in January. We were reluctant since it would consist of lots of sanding, painting, and we have to keep the windows closed so heat won't escape, but we were traveling abroad for a couple weeks and tried to be positive and imagine how nice it'll be once we have a more functional kitchen. Mind you, it's a very small kitchen. Its been 2 months now and the PM has not finished, which has meant 2 months of not being able to use the kitchen. We've been paying rent on time but we can not use the kitchen, and the PM comes to "work" on it maybe MAYBE 3 hrs a week. At this point I'm sick of being nice and having all our kitchen appliances stuffed in the living room and bedroom. What can we do? We've tried talking to the PM but his response is always that he'll get to it or that he has other emergencies to deal with, our POV is why the hell did he start this project without allotting the time to it or hired someone else to help. I’m tired of not being able to use very important area of the house we pay money to rent bc this dumbass just won’t show up to finish it up. We have a lease FYI. Any advice is welcomed, thanks for your time.

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PM_Georgia_Okeefe t1_je2jpex wrote

  1. Contact an attorney that specializes in renter protection

  2. Set up a separate bank account where you’ll deposit your rent checks into escrow

  3. Save all receipts related to expenses incurred by the renovation

  4. Contact landlord to explain the issue and how you’ll only release rent after the project is finished, minus the expenses of eating out

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SilverFox_1639 t1_je5dk7j wrote

☝️This is the correct way to do it. Also, send snail mail written letters, not emails, via registered USPS mail so that you have return receipt confirmations. No judge will be able to rule that you dodged your tenant responsibility. Not sure that you actually need an atty. Just write to the P.M. that you are withholding rent in an escrow acct. at XYZ BANK( and you must do so) along with a copy of the initial deposit and statement UNTIL such time as the kitchen is finished and a proper Certificate of Occupancy is secured. Then start looking immediately for a new place as it seems you are being forced out anyway. No reasonable landlord should make you live in a construction project and even if there were good reason, the lack of communication from both the owner and P.M. should tell you something. Like the owner needs YOUR $$ to improve HIS property while you get the privilege of living in his rehab project which ostensibly increases his property value which commands a higher rent ( or sales price). Underpaying “cheap “ rent always has a hidden price. You just discovered yours. One thought- take the time to research the owners current address and after he digests that he’s not gonna receive rent for 6 or more months, then maybe float the idea of buying the property. With a lowball offer due to its decrepit state 🎉

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RetroIsBack t1_je32bti wrote

No, sue and get punitive damages plus expenses. Its all electronic.

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PM_Georgia_Okeefe t1_je32lhx wrote

Yes. But if you don’t show good faith of having the rent funds in escrow, you can get screwed.

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RetroIsBack t1_je33cxl wrote

Dont withhold at all. Just go to court and sue. But here is the hard part: you have to be willing to leave.

If you withhold, that pressures the landlord to fix things (if he has a mortgage), but it doesn't get you compensated for all the trouble you put with.

The success of the case depends on the wording of the lease.

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clarenceisacat t1_je2a2a7 wrote

Are you able to contact the landlord directly?

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Time_Cup4527 t1_je2ctfm wrote

Start deducting meals that you have to go out for from the rent. Take pictures and have a good timeline of the project and consult with a real estate attorney. If they give you any crap about the deductions. Oh and probably be prepared to move.

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Quirky_Butterfly_946 t1_je2g90l wrote

I would contact the owner, take some pictures too, and ask him when he thinks the work will be done as it seems to have been stalled.

Just be inquisitive, not demanding or anything. Tell him you cannot get any definite answer from the PM, and was wondering when they can start using the kitchen again.

The PM maybe telling him a story about the job, his level of skill to do the job, or the cost. Do not get upset with anyone until you get no where or they become hard to reach, or other behaviors of making this turn more into a nightmare.

You should also be keeping an eye out for a new place as the owner may want to fix things up to sell and you would be at a disadvantage in finding a place.

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VinsonChe90 t1_je2geun wrote

Stop paying rent until it’s fixed. Keep receipts, take photos, document EVERYTHING. Start advising the PM and landlord that you would like to record all conversations on the topic in case they try some shady tactics.

Edit: consult an attorney first! They will probably try to evict you if you complain or withhold rent.

https://courts-state-nh-us.libguides.com/rentwithholding#:~:text=A%20tenant%20in%20NH%20has,tenant%20for%20nonpayment%20of%20rent.%22

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