My spouse and I rented a house in Añasco beginning in March 2016. Our lease ended in March 2017. At that time, we made a verbal agreement to continue renting the home through December 2017. The lease stipulated that home repairs were our responsibility, and that the rent was 400/month.
As everyone knows, hurricane Maria hit on September 20, 2017. Our 3 bedroom house was left with only one functional bedroom. The two largest bedrooms had leaks in the ceiling with water dripping through. All of the paint deteriorated and flakes off all over the place and the electrical lines became completely dysfunctional as a result of water damage. One of the front windows also broke.
The homeowners are from the same neighborhood originally, but now live in Wisconsin. One of the owners (a married couple) was in contact with us, and agreed to send someone to do maintenance. That person had a difficult time with the owner because the owner wanted him to just repaint the ceiling. The contractor tried to explain that the problem would continue unless the roof was fixed. It also took months for the contractor to come in the first place. The owner also sent his cousin as a contractor but he was unable to do much of the work needed because the owner refused to pay for the majority of the work. That person informed us that the owner has insurance on the house, and collected it, but kept the money rather than spending it on repairs to the home.
In June, the repairs had still not been made. I went back to Pittsburgh with my son temporarily because I had some medical needs and for several other reasons. My spouse remained in the home. He spent some of our own money having the roof power washed, and bought some of the supplies for us to seal the roof ourselves. He stopped paying rent at some point, but did not put any money into an escrow account.
The owner - who works for the US Dept of Agriculture, sent a friend from the local USDA to the house with a letter of eviction, with a USDA letterhead. The man who delivered the letter identified himself as “a federal agent.” My spouse contacted the USDA's office in DC and Mayaguez and sent a copy of the letter and explained the situation. The USDA confirmed that this was inappropriate and illegal.
My spouse finally moved around October, if I remember correctly. He paid several months rent but one remained unpaid. This month, a letter addressed to my spouse was sent to my address in Pittsburgh, saying that a superior court judge in Añasco had determined that my spouse owes the owners $400.
From what I have read online, the local laws don't have a set standard for tenants rights but largely go off of what is stipulated in the lease. I also understand that evictions are required to go through a court, and that personal evictions are illegitimate and illegal. The misappropriation of the USDA for the purpose of intimidation also seems wildly illegal and/or unethical. I also read that in the case of personal eviction, the tenant may be entitled to have the owner pay for court costs.
Im wondering a few things:
1. Am I understanding the law accurately?
2. Are serious damages to the house from a hurricane treated differently than the basic repairs stipulated in the lease agreement?
3. If we are able to prove it, does the fact that he collected insurance money but didn't use it for the house make any difference in this case?
4. Does the personal eviction attempt (rather than a court ordered eviction) help our case and/or entitle us to suing for court costs?
5. Just in general, what should we do? I'm encouraging him to consult with an attorney but any information is welcome and appreciated.
Obviously I'm very frustrated by the entire situation.
Tenants rights after hurricane maria
Wow. Sorry to hear. No straight answers with tentant landlord issues. The laws here could have went either direction depending on yue judge
From what I have read online, the local laws don't have a set standard for tenants rights but largely go off of what is stipulated in the lease. I also understand that evictions are required to go through a court, and that personal evictions are illegitimate and illegal. The misappropriation of the USDA for the purpose of intimidation also seems wildly illegal and/or unethical. I also read that in the case of personal eviction, the tenant may be entitled to have the owner pay for court costs.
I'm wondering a few things:
1. Am I understanding the law accurately?
2. Are serious damages to the house from a hurricane treated differently than the basic repairs stipulated in the lease agreement?
3. If we are able to prove it, does the fact that he collected insurance money but didn't use it for the house make any difference in this case?
4. Does the personal eviction attempt (rather than a court ordered eviction) help our case and/or entitle us to suing for court costs?
5. Just in general, what should we do? I'm encouraging him to consult with an attorney but any information is welcome and appreciated.
First, a disclaimer. I'm not a lawyer, but I've got more than a layman's knowledge of the law. I'm also a landlord, so I've got some experience here as well. Let me get the two basic pieces of advice out of the way. To question #5, the answer is pay the $400. It's the easiest, quickest, simplest and cheapest way out of this. Legal fees and time spent will amount to much more than $400. If however you insist on retaining a lawyer, the best reference for lawyers and their specialties is Martindale.
To your specific questions, once again, not a lawyer and not experienced in Puerto Rico law. However, based on my experience as landlord and as a successful litigant in landlord/tenant matters, I'd suggest the following responses:
1. Yes, your understanding appears to be correct, or at least this seems a common legal approach to landlord/tenant relations. Quite simply your lease is a contract, and the court will enforce the terms of the contract.
2. Generally yes. Such events are often considered "Acts of God or Nature" and the result of these events is not covered by the ordinary terms of the lease. Here's the relevant language from a lease I use, based on Virginia law:
12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
In short, Acts of God render the lease void at no fault to either party.
3. No.
4. Don't really know what you mean by a "personal eviction attempt". Under Virginia law, if the tenant is in violation of the lease, the Landlord must inform the tenant of the violation, and give the tenant time (no fewer than 5 days) to remedy the violation. If the violation continues, the Landlord may inform the tenant that the full terms of the lease are due (all rent until the end of the lease) and that the tenant must vacate within 5 days. Should the tenant dispute the violation or refuse to vacate, the Landlord may seek a judgment and order of eviction from the court.
Thanks, that is helpful. Regarding the personal eviction, there is a law in Puerto Rico that says evictions require a legal order. You are not permitted to change the locks or anything of that nature, which I know is legal in PA.
My spouse contacted an attorney in Aguada (where he is from) and that person seems to believe he can handle things with a phone call. I will post an update just in case it would be helpful for anyone else. My spouse being from the area is generally an advantage because he is able to access help and negotiate with people in ways that are more challenging for me, or not part of my cultural norms. So hopefull it works out, there's not much I can do from where I am at in this moment, but I'm putting my faith in him and hoping for the best.
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