On 20 Nov 2003 20:31:06 -0800, someone wrote:


....Is
there any way we can force the landlord to clean it up?

Sure, or at least to PAY for the cleanup. By suing him, and/or
refusing to move in unless it is clean. But not by the move-in date.
And not by any of us telling him that he has to. How could that be
enforced? He's not gonna take my orders. Doesn't sound like a person
you'd want for your LL.

Between now and the move-in date, it's a matter of bargaining power
and position. How bad do you want the place, how hard is it to find
another place, how much of your money does he have, how badly are you
hurting if you have to wait months for a court date in order to get
that money back if you walk?

Sure, he *should*. But he won't (voluntarily). There is your answer.

You would have to sue him. That will not happen before the move-in
date. You will need to pay someone else to clean up, preferably an
established professional, and keep the bill to show what it is worth,
and sue him for that. Otherwise you are not likely to get paid for
your own time.

You might get triple damages and legal fees if the court finds his
conduct willful, egregious, whatever the test and consumer protection
laws are is in your state. Or you might NOT, even after trial, or if
he makes a reasonable settlement offer after formal demand.

But no, either way, it is NOT something you are going to force him to
do in the next few days before move-in. 99.9% of the time, courts
remedy things after the fact by ordering payment of money for what the
wrong was worth in $. It is seldom that 'specific performance'
(forcing somebody under duress to perform a certain physical act) is
ordered.

There are bad landlords, there are also bad tenants. Oh well.

-v.