ProTenant Agency

08/05/2024

Great information from Annie D. Ellison, Attorney At Law that should be useful for tenants who have renewals coming up. Here's an additional ProTip from us - if you rent from one of the corporate Wall Street landlords (like American Homes 4 Rent, FirstKey, Invitation Homes, Main Street Renewal, Progress Residential, etc.), try really hard to not use comparable properties that come only from your landlord/property management company or from any of the corporate Wall Street landlords. Why? Because your home is not the only one that they have overpriced. This means that if you are primarily using their properties, you are still not putting yourself in a position to get a rate closer to the true market value. We understand that in some markets, corporately owned properties are all that you can use but whenever there might be an alternative, take the additional time to see if you can find fairly priced comparable homes from other sources.

If you are unable to access the article, check the comments for screenshots.

Rent increases are cooling off. Prices are even falling in some parts of the country. See how rent has changed near you.

07/22/2024

Tenants who are living in houses owned by the corporate scumlords already know how bad things are. Maybe research and reports like this one will help bring about long overdue law changes and new regulations to force the profiteer corporate landlords to either change their predatory practices or get out of the business of being housing providers.

https://www.facebook.com/permalink.php?story_fbid=pfbid02jWV6E6FswPa25KBWEk4ChwTEBHDwab1ymLeJVCZ4U9bJBoPYXCAcagvWna44Y6mnl&id=61553809747376

Research concludes that corporate landlords create conditions that can affect mental health problems, chronic disease, premature death and other ailments.

07/03/2024

We see posts and comments from a lot of tenants (especially those who are new to renting from the Wall Street-backed SFR scumlords or who have been lucky not to have need anything repaired) that attribute excessively delayed repairs or repairs not being made at all to incompetence by the landlord, the property management company, or their employees. One of the most important things you have to understand when renting from companies like AH4R, Darwin Homes, FirstKey, Invitation, MSR, Progress, Renters Warehouse and all of the others like them is that their failures are not accidental. The failure to make necessary repairs in a timely manner is not accidental or due to incompetence. They very intentionally built their systems with this as a part of it.

We cannot stress this enough. The way tenants are being victimized by these companies is not accidental and it is not due to incompetence. It is completely by design. Not making repairs that they are legally required to make is an integral part of the business model that these scumlords operate under. It is a crucial component of how they are able to make the profits and return on investment that Wall Street expects from them. They know that many tenants will get tired of contacting them. They know that when that happens some will either fix the problem themselves or pay to have someone fix it. Even worse, they know that some tenants will just live with the defective conditions while continuing to pay the full amount of ridiculously high rent each month.

Will class action lawsuits force these companies to change? Maybe but so far the evidence is not showing that. Several of the companies have settled class actions and the only people that really benefited were the plaintiff lawyers who brought the cases. We think a better way to impact the scumlord's bottom line is for as many tenants as possible to hold them accountable. What do you mean by holding them accountable? Whenever there is a problem that they are responsible for fixing, let them know. Call first. Then use the portal. Then send an email to your property manager. Then follow up with another email. Allow a reasonable amount of time for it to be fixed. In most states 2 weeks is considered reasonable (but depending on the nature of the problem, what is reasonable could be a few days). If they haven't made a good faith effort to START the repairs (and starting does not mean sending out vendor after vendor) take advantage of the remedies afforded to you by your state's landlord-tenant laws. Take them to small claims court. If it is a larger case and you can find a lawyer, bring an individual lawsuit. File a complaint with your state's real estate commission and with your state's AG office. In a lot of states, when a complaint is filed with a regulatory agency the company is required to file an answer. Sometimes they hire a law firm to do this. If not, it still costs them because this is time that their property managers can't devote to calling tenants about outstanding rent (which is the primary if not only job of their property managers). All of these things eat into their profitability. And if it is done enough, it will eventually make more economical sense for them to make repairs because the alternative will be just as costly.

You can find more information on effectively demanding repairs here

Refusing or delaying repairs is a favorite tactic of Wall Street corporate single family residential (SFR) landlords like American Homes 4 Rent or Invitation Homes.

07/01/2024

This post reminds us of our Tenant Wins (which we need to get back to doing!) Here's the thing that is really important. The Wall Street-backed SFR scumlords like AH4R, Darwin Homes, FirstKey, Invitation, MSR, Progress, and Renters Warehouse are intentionally delaying and postponing repairs or failing to make repairs altogether. This is not accidental. It is not because they, their employees, or their vendors are incompetent. It is by design. They know that many will get tired and either fix it themselves or pay to have someone fix it. Or, even worse, they know that many tenants will just live with way less than they are entitled to while paying the full amount of ridiculously high rent each month.

We cannot stress this enough. The way tenants are being victimized by these companies is not accidental and it is not due to incompetence. It is completely by design. Not making repairs that they are legally required to make is an integral part of the business model that these scumlords operate under. It is a crucial component of how they are able to make the profits and return on investment that Wall Street expects from them.

Will class action lawsuits force these companies to change? Maybe but so far the evidence is not showing that. Several of the companies have settled class actions and the only people to have really benefited or profited were the plaintiff lawyers who brought the cases. We think a better way to impact their bottom line is for as many tenants as possible to hold them accountable. Whenever there is a problem that they are responsible for fixing, let them know. Call first. Then use the portal. Then send an email to your property manager. Then follow up with another email. Allow a reasonable amount of time for it to be fixed. In most states 2 weeks is considered reasonable. If they haven't made a good faith effort to START the repairs (and starting does not mean sending out vendor after vendor) take advantage of the remedies afforded to you by your state's landlord-tenant laws. Take them to small claims court. If it is a larger case and you can find a lawyer, bring an individual lawsuit. File a complaint with your state's real estate commission and with your state's AG office. All of these things eat into their profitability. And if it is done enough, it will eventually make more economical sense for them to make repairs because the alternative will be just as costly.

Annie D. Ellison, Attorney At Law Congratulations on this settlement! Thank you for coming over from the dark side. We are so happy to have you on the side of helping tenants hold the scumlords accountable by fighting for their rights and for fair treatment.

https://www.facebook.com/permalink.php?story_fbid=pfbid0CGneAfww916ihQM3eC7QZGbAVM44ZRnZ9BB7fHTpAEhkwoL9bzFxWK5TSJcBZyWol&id=61553809747376

After submitting several requests for the landlord to fix something on the outside of the rental home and waiting for more than a year as the landlord sent out multiple vendors to give estimates but never fixed the problem, our client had enough and contacted us for help with ending the lease that had nearly a year remaining.

We demanded that the landlord agree to let our client terminate the lease early WITHOUT paying a lease break fee and agree to refund the security deposit in full. We also demanded that the landlord make a settlement payment to our client. We went three for three. Exactly seven days after we sent the demand letter to the landlord, we reached an agreement that included nearly everything our client wanted.

What's your current housing situation? If you are dealing with a landlord that refuses to meet its obligations, let's talk and explore your options.

06/28/2024

Interesting information for anyone interested in the enforcement of tenant rights.

06/14/2024

DO YOU WORK FOR YOUR LANDLORD? ARE YOU AN EMPLOYEE OR A CUSTOMER?

Not too long ago, we heard from a tenant who submitted a repair request for a plumbing issue. The landlord sent out one of its “technicians” who was not able to fix it. The tenant was given a four-hour window of when the technician might show up and had to take a half-day off from work. Of course, the technician couldn’t fix the problem and told the tenant a third-party repair vendor would need to come to take a look. The tenant had to take off another half-day from work. The vendor came but was only authorized to determine what needed to be fixed and needed to submit a “bid” with the amount the vendor would charge the landlord to fix the problem. The landlord wanted a lower amount and over the next several months, sent out more than ten different vendors. Each time, the tenant was required to take off at least half a day from work. Nearly a year later, the issue still has not been fixed. The landlord has not paid a single dime for the needed repairs and has not lost any money because the tenant has to continue paying monthly rent in order to avoid paying late fees or possibly being evicted. On the other hand, by having to take off what amounts to a total of 56 hours from work, the tenant has lost a lot. Is this fair? Is it legal? Why is it happening? If tenants don’t work for the landlord, why are they having to perform the landlord’s legal obligation and duty to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”

Most of the leases that we have seen do not include anything that actually requires the tenant to meet repair vendors. Even if landlords were to include such a provision, in most states, that provision would likely be unenforceable because most landlord-tenant laws require the LANDLORD - not the tenant - to make all repairs and do whatever is necessary to provide fit and habitable housing. So, very serious question - why are so many tenants acting as if they are employed by the landlord rather than acting like they are a customer who is entitled to service from the landlord?

05/22/2024

The Wall Street corporate single family rental landlords are starting to do a lot of spending for lobbying lawmakers and politicians. Can’t see how this will be anything other than really bad for tenants.

01/31/2024

Did you know that in most states, including North Carolina, landlords are REQUIRED to "make ALL repairs and do WHATEVER is NECESSARY to put and KEEP the premises in a fit and habitable condition"? While we've capitalized a few words for emphasis, this a direct quote from North Carolina's landlord-tenant law. Notice that it doesn't say landlords are required to make all repairs except for the ones that your landlord claims is tenant responsibility. It also does not say "except for those that were caused by vandalism". Nor does it say "except for those that cost more than $100.00". When a landlord refuses to make repairs for these reasons, they are in violation of the landlord-tenant law because the law says ALL repairs. We are aware that an increasing number of landlords and property management companies are burying provisions in the lease that force the tenant to agree to be responsible for repairs that cost less than $100.00. Even if your lease has a provision like that, your landlord is still responsible and required to MAKE any repair (no matter how low the cost may be) that is necessary to keep the rental property in a fit and habitable condition. If your landlord has failed to make repairs that are needed to make or keep your apartment or house safe, fit, and habitable, took an unreasonably long time (usually more than two weeks) or wrongfully put a tenant chargeback on your ledger for repairs that were actually its responsibility, contact us to see how we can help you. Depending on the particular facts and circumstances, you might be entitled to recover up to 3x the amount wrongfully charged or other damages sustained.

01/26/2024

We are beyond excited to finally see a law firm focused on tenants. We have consulted with Annie D. Ellison, Attorney At Law in the past and are looking forward to seeing her new tenant-centered law practice grow. If you have an issue that requires legal representation, we highly recommend her.

As a tenant, you have rights. We're here to help you understand and assert those rights, navigate legal complexities, and seek fair resolutions. If you are having landlord problems, contact us today.

08/10/2023

You know things are really bad when a SFR property management company's employee takes advantage of them allowing comments on their FB page to trash the company and expose their bad practices. American Homes 4 Rent Truth Translator we love your page and are happy to see you posting again! More stuff like this please!
https://www.facebook.com/permalink.php?story_fbid=pfbid031smB3jErFtzLNa52NSjL5Q84iW6J9t3XmKaepcTy73XPyZtcaM2WKjdagUej36Uxl&id=100085038694402

08/07/2023

When Liv recently moved into a home that she rented from AH4R, the home was filthy. Layers of grease and dead bugs on the tops of the cabinets. Yuck! Washer and dryer connections that were so corroded, she couldn't use the washer and dryer that she purchased and had paid to have installed. Delivering you a home that is in good, clean, and safe condition with everything working as it is supposed to be is a legal obligation that state landlord-tenant laws place on landlords. Despite her landlord's claims, the things that Liv complained about are definitely not "cosmetic issues". The rent amount that you are paying is based on what they promised to deliver to you. If they are not delivering what was promised, you are likely entitled to rent reduction. Not sure how to get what is owed to you. Start by taking a look at your state's landlord-tenant law and make sure that you have complied with the tenant's obligations - including giving proper notice. Need help? Let us know.

77 likes, 19 comments. “american homes 4 rent count ya days”

07/21/2023

A must read article for all tenants but especially for those who live in Florida.

"As rents and home sales skyrocketed, leaving more Floridians at risk for unstable housing or homelessness, burgeoning tenants unions and advocacy groups such as Florida Rising and the Miami Workers Center pushed local leaders for strong protections for their communities.

More than 30 communities in Florida have enacted local landlord and tenant policies in recent years in an effort to address rising housing costs, increased homelessness, and to reduce housing instability.

Of those passed by local communities, more than 40 will be wiped out by the new law HB 1417, per the bill’s House sponsor. Florida Gov. Ron DeSantis last month signed into law an industry-backed bill that wipes out certain tenant protections established by local governments in Florida. That includes two local laws established earlier this year by the Orange County government, which aimed to strengthen renters’ rights and protect renters from some of the predatory practices of bad landlords.

Backed by the Florida GOP, the new state law — titled the “Florida Landlord Tenant Act” — strips more than 1.5 million Florida renters of various renters’ rights, affecting residents of the state’s seven largest counties.

Under the new law, local governments can’t establish regulations superseding state law on security deposits, the screening process for landlords, rental applications and fees, terms and conditions of rental agreements, fees charged by landlords, and the rights and responsibilities of landlords and tenants."

https://www.facebook.com/TenantsReact/posts/pfbid022wg6gz5i64LNAd7JjxSzsgdypNjZZPcupZSinRwPcb3DegpwRf7bMikq5yWf5pidl

HB 1417 affects two local tenant rights laws in Orange County, and more than 40 statewide