Legal Mags - Another landlord / tenant issue

[Mathematics]

So here's the scoop I put my hand through a window at the apartment I rent as it was stuck shut, basically due to poor ventilation in the house (landlord admits this). so moisture built up on the single pane window, wood swelled & the window officially wouldnt open. I try to open it, bust through and cut 4 tendons, an artery, & a nerve. Basically about $50k in medical bills post surgery & ER to fix (plus loss of most of my ski season). I'm not discounting myself being a dumbass by pushing on the glass instead of the frame, but I figure from my limited construction experience the place cant be up to code with the limited ventilation, and either way a window that wont open is a fire hazard. I luckily have insurance and am only going to be out about $6k, but my landlord is not answering calls/responding to emails about fixing the damn window (its AK, its cold, and right now I've had 8 layers of cardboard & wood over my kitchen window for the last 6 weeks).

I've been urged by friends to pursue legal action against him. I'm not really the type to antagonize someone or chase ambulances so this hasnt really seemed plausible to me. He also had his partner (yes, another dude) commit suicide about a year and a half ago so I do feel kinda bad for him. But what it comes down to in terms of me renting is basically since that happened he hasnt been keeping the place up, I've been mowing the lawn, shoveling snow, etc and calling him everytime I get a notice he hasnt paid the gas, water, or garbage bills.

Fast forward to today, I get home and theres a notice that the 4plex I'm in is in default and the bank is going to sell it in April. So basically this douche has been taking $4500 worth of rent money for this building every month and traveling/partying out of state, but hasnt paid the mortgage in months, and the other bills associated with this place he's been paying haphazardly at best.

Any advice on options I have? Or knowledge on how banks handle these things (i.e. do I need to scramble to find a new place?) Is he actually liable for anything? I've had a couple glasses of scotch and at the moment feel like very much like getting atleast some rent money back & getting my medical bills covered. It seems in the least he's liable under the good business practices thing they have up here.

appreciate the collectives insight

[mock vomit]

I'd suggest this set of circumstances and issues is "officially" beyond the ability of anyone but an attorney in your State who has some experience in these areas... But of course ABSOLUTELY FUCKIN PERFECT FOR THE PADDED ROOM TOO!!!

My opinion, also perhaps mildly clouded (ENHANCED???) by red wine "testing" I am conducting this evening, is that;

#1... On the issue of getting bux from landlord for your injuries and other issues; if he isn't able/willing to pay the mortgage on building under penalty of foreclosure, no way he's paying YOU anything for these issues even slightly voluntarily.

#2... So if #1 can be assumed to be true; Then only remaining possible method of collecting is using legal ass. Sorry, that got cut off... I meant "legal assistance" of course, like an attorney/firm.

#3... Therefore, like most legal claim issues; who the fuck pays and how for that legal ass??? I think the two only obvious (meaning the only ones I know) methods are; a) paying an attorney by the hour, likely with a several thousand dollar "retainer" up front or b) entering into a "contingency" agreement for his/her/its fees... I assume it would be in the 33% to 40% of range of any collected damages, PLUS PLUS PLUS I'd expect YOU would have to pay for any outside costs of testing, experts, court costs, etc AS THEY OCCUR.

#4... IMHO the ONLY way to really know if you would end up under "a" or "b" (from #3 above) is to actually call and/or meet with attorneys and explain your "case". After a few such calls/meetings you'll know if you have ANY chance to get an attorney to take the case "on contingency".

#5... So, it really comes down to... are you willing to "invest thousands" to risk having your "thousands" in costs reimbursed?

#6... If the answer to #5 is "no", stop here and drink more. If the answer is "Yes/Maybe" start making calls to attorneys.

#7... AND STILL you retain the risk that even if you "win", the Dude never has assets/income to pay you and you are out BOTH the medical costs AND the legal costs.

#8... I need your address to send my bill.

Good luck, and ++++VIBES++++ on the injuries. Explains why I didn't see you as much for a while in Pol Ass perhaps?

Edit: Also, I still owe you reply on the other foreclosure issues... back soon with more.

[mock vomit]

On the "default notice" issue... do you have any sense how/if the owner has ability to get current and avoid foreclosure? If he is a gazzillionaire and is missing paying the mortgage because he's still crying himself to sleep every day over the b-friend, it's possible he could pay mortgage current and remain your "landlord".

If he's currently unemployed and half the tenants in the building are too (and not paying him)... the building is likely to go into foreclosure it would seem??? In that case, I'm not sure it would be the best practice to keep paying your rent each month to him/her? (see below)

This is WAY outside my expertise, but I imagine if I found myself in your situation I'd try and call the bank that holds the mortgage and ask them what to do? If you want to stay, DON'T just stop paying rent all together... but at some point the bank might?!?!?!? advise you to pay THEM instead of landlord?!?!?!?!?!? [/guess]

If I wanted to find a new place... I *****MIGHT***** skip paying the next months rent, assuming you have approximately 1 months rent as "security deposit"... and find a new place to move to??? Keep in mind it's usually not correct/legal to do this... but in your case I wouldn't have any expectation of getting a security deposit "back" any other way???

But then... what the fuck do I know about any of this??? [/disclosure]

[Gman]

Just because he decided to take your money and not pay it up doesn't entitle you to stop paying him. You're contractually obligated to pay the rent as long as he is the owner of the property. Now getting a security deposit will probably require you to take him to housing/small claims court. At that point if you are awarded a favorable judgment,it gets messy trying to collect. His wages can be garnished but if he has property(s) in foreclosure he is probably looking at declaring some kind of bankruptcy.

Unless you have a sweetheart deal on the rent or a long term lease, its unlikely the bank will want to force you out as that equals money not being earned. See if you can get in touch with who ever is running the foreclosure and get some details. What will likely happen is the bank will sell it via an auction and at that point you'd have to sign another lease/contract.

It sounds like you're in for a major pain in the ass so you're probably better off just packing your shit and GTFO!

[mock vomit]

...I try to open it, bust through and cut 4 tendons, an artery, & a nerve. Basically about $50k in medical bills post surgery & ER to fix (plus loss of most of my ski season). I'm not discounting myself being a dumbass by pushing on the glass instead of the frame...

...appreciate the collectives insight

Re-read OP and figured I missed this part... Yeah, sorry, yer a dumbass.

(But again... +++++VIBES+++++ too.)