sfgirl

This link is good too; it states the laws much more clearly:

For Tenants and Landlords - MT Dept of Justice

sfgirl

A few more links:

Montana Legal Services Association
Montana Legal Services Association
MLSA HelpLine at 1-800-666-6899
Monday through Friday: 9:00 am to 4:00 pm
Saturdays: 9:30 am to 12:30 pm
Montana Legal Services Association Helpline

Legal info on MT Evictions:
LawHelp HTML Document


Montana Law Tenant/Landlord Issues:
LawHelp Information and Forms search results for Housing > Landlord and Tenant Issues


PDF of Housing Rights, Fair Housing Advocates, Legal Assistance and other Advocates for Montana:
http://housing.mt.gov/Includes/HousingRightsTable.pdf

AlwaysGrowing

barb - Hang in there. Tenats have more rights than owners. Things DO get better but there are bumps in the road. As we are sober longer sometimes the bumps are larger but staying sober and letting other help will make it smoother.

sfgirl - Note to self. Never tangle with sfgril in court. She does her research.

barb dwyer

thanks everyone !!!

sfgirl - you're missing yer calling - you need to look into being paralegal.
Lenina - thank you so much - but it's not grace... y'all just don't get to see me sitting on my couch, clutching my chest & dry heaving until 3am is all.
********[Impurr}}}}}}}} Luv to the kitties

last night - I *did* get to sample some of what I'd taken to the dinner....
it was good, but I was careful to remember it wouild be the first food in over 48 hrs...
so I only did a little.

it talked to me (well, made outright threats)
for about an hour and a half,
but it decided to stay.

And I got five hours sleep in a row.
That's a hibernation
(or coma)
for me.
I mean - on a GOOD day
much less when spam is hitting the fan.

Now to wait until tomorrow
and get these phonecalls made.
I've a friend calling me early
because the temptation right now
is to pull the covers over my head
and ignore everything.

A behavior that comes
from .. well.. from beatings
as a kid
where you just stop moving
and the parent finally gets tired of getting
no reaction.
Literally - going 'tharn'
(for those who read watership down)

When you grow up - they call it 'procrastination' or 'denial' or 'avoidance'
but underneath...
the behavior remains the same.
But the world is not an alcoholic parent
and will never tire.

anyway-
coming here, and reading and posting
has helped so very much.

i haven't gone to a meeting yet
the old gotta work thing, ya know...
but being here
being able to read the daily reflection

has saved me.

Thank you everyone!

(sfgril should change her name to Perry mason)

barb dwyer

The landlord just walked in here, threw a envelope at me, and said
"I been a landlord for over twenty years-I know how to do it and I know how the law works."

She came to my JOB!!!!!


"She said - you got thirty days if you pay everyhing you owe me -
if you don't you got three days."

Holy crap!!!
Let's talk HARASSMENT!

well - so much for calming down, huh?

I just smiled (I don't know HOW I managed that one)
and said 'okay' over and over.

Jeex.
My hands are shaking.

Well - NOW the true colors are outa the bag!

barb dwyer

***thank you Moderators, CarolD, Mike, 51Anna... for moving this*


you know
when I was drinking -

say somebody got wild in the bar or something like that -
and you'd get that adrenaline rush, you know
breaking up a fight or something....

(I did NOT tend bar in a four star kinida place)
wild west all the way for ol/ barb, don'cha know....


anyhoo -
when I'd get like this
(shaky, tight chest, racing brain)

I would do a shot.
Or I'd treat the whole bar to one with me.

And, really -
that's kinda how the whole drinking thing started for me.

Now -
when this 'mode' hits ...
I have a really hard time
getting it to stop.

CarolD

Barb.....calm down
You work in a public place
She did not physically attack you
She came in to make you upset and did.

Drink some water...say the Serenity Prayer
walk around the store.



Then call the AA attorney for verification.

laurie6781

Ok Breathing exercise time. Take a deep breath, hold to a slow count of 10, exhale. Repeat 10 times and thereafter as often as needed. Slows down the Adrenalin and the heart rate and gets one back on a steadier keel.

Tomorrow go to the local Health Department take the pictures you have been taking. Show them what is going on. That is a HEALTH HAZARD.

Check Montana law, but most states have a statute that the tenant can put the rent money in 'an escrow account' (savings account) to hold until all repairs are made. That will negate her papers and give you time to find a place.

I am sending prayers that this all works out SOON.

Love and hugs,

Weeza

Barb, I'm so sorry to hear about this eviction threat, but the law should be on your side even if you're in error, which you're not, but if the law can be on the renter's side even if they're in fault, the law should be doubly more on your side and any judge will see that you were only withholding rent until the pipes were repaired. Stick to your guns. Most rental laws say that a renter is not liable for paying rent when something as important as functional plumbing fails. It's good you've documented the frozen pipes. Your water utility bill should also reflect how water was less used that month compared to previous months so hold on to your utility bill.

I've looked up renter rights for Butte Montana and here are a few bits applying to your situation:

1 Your dwelling must be habitable and in compliance with local health codes. In other words, your apartment cannot be falling apart or unsanitary. It must also provide adequate heat, electricity and water (assuming you pay your utility bills on time).

2 Your landlord must complete repairs and maintenance in a timely fashion (or allow you to pay for the repairs and deduct the amount from your rent).

3 Your landlord cannot change your locks or have the utilities shut off or evict you without proper notification. To evict you, your landlord must get a court order.

4 You have the right to break your lease if your landlord breaks important aspects of your lease relating to safety, health or necessary repairs.

5 Landlords cannot seize your property unless you abandon your property (as defined by law). Failure to pay your rent is not abandonment. There are other legal actions that will be taken against you first (such as an eviction).

from the link: Your First Apartment: Knowing Your Rights as a Tenant

If you ask me... I actually think you have a case to even have your rent paid for the months that had defective pipes returned to you... and it's likely your landlord will have to pay fines and compensation to you.

But you need a lawyer. Contact this office for free legal counsel:

BUTTE
Montana Legal Services Association The Butte Program PO Box 806 Butte MT Zipcode: 59703-0806 Phone: 406-723-4612 Fax: 406-782-8006

Hang in there. Very relieved to hear you're not letting this distress get in the way of your recovery. xx

Weeza

Way to go, SFGirl! Only a Franciscan would know all about renter rights, huh? SF has the best renter protection in the world, and it's only because renters know their rights. Thanks for passing it on. xx

Weeza

oh wow, I didn't know that the landlord served Barb an eviction notice at her workplace... that sounds like harassment to me, too, and it could have been so damaging that Barb could have lost her job over that, public place or not, it's still her work place and a landlord shouldn't be going to someone's work place and making a scene like that... this goes beyond being like a slum manager, this is like a crazy person...

Barb, I know this is your home but I don't feel it's safe for you anymore... you would be better off moving to a new home and getting away from a crazy landlord, but don't rush into anything.... you now have even more of a case for a lawsuit against the landlord... this landlord just shot herself in the food by overstepping the lines with harassing you... you should get a restraining order on the landlord. I'd file a police report actually because you don't know what's going to come next... but then again sometimes filing a restraining order could cause a crazy person to go off even more. But you should let the police know what's going on. Maybe contact a lady detective. As if you could speak with a woman police officer.

Perhaps it wasn't a physical attack but it's enough of an attack to warrant feeling upset about it... this upsets me just reading about it. So sorry, Hon. xx

Weeza

Barb,
I just realized you have another thing in your favor. You are a disabled person and there are laws against evicting the disabled without fair notice. I would also contact not just the police to file a report, find a lawyer through the free legal aid, but also look into a community service for the disabled

here is a link for free legal advice about renter rights covered nationwide:
Tenant Eviction, Eviction Notice and Eviction Process

From what I understand, the landlord may serve a three day notice to have you pay the rent in full but it will not mean you must vacate the apartment in three days, it just means that you have three days to pay the rent, otherwise if you do not pay the rent, and you have a right to withhold payment until the pipes are repaired, then the landlord may initiate eviction notice and you'll then either have 30 or 60 days to vacate. The landlord will likely keep your deposit.

If your landlord changes your locks while you are away at work, that is illegal and you'll then be able to ask the police to step in and help you gain access to your home and property. To preemptively strike against the landlord changing your locks, I recommend that you notify the police beforehand so that this situation doesn't go further out of control.

barb dwyer

CarolD wrote (and Barb Dwyer read)

and I did.

I read that - logged out ....
>>>>>>>>>>>>>>>>>>>ZOOOOOOOOOMMM>>>>>>>>>>>>>


... this store is ... sparkling.
I stocked the cooler
faced the liquor
served customers
emptied the trash
drank some water
and then
just went outside and ... stood in the cold.

It was funny.
CarolD says - go calm down
and ... WHOOSHHhhhhhh.....

I'm off the page before you could sneeze - LOL!


Weeza -
you're right, and it's just a matter of hours
until I can call the lawyer again.
And all the other places.

all this is just opening old scars
and that's all it is.

I found a place to put my plants
and you'd be amazed how relieved that made me.

We're going to put them right here in the store!

My plants ... I've had them for quite a while
and each one was teensy
(I'd only spend a buck on a houseplant)
and now -
well ... they're BIG.

I suppose they're my pets.

But they'll dress this place up .... incredibly.

and I'll be here to keep an eye on 'em.

CarolD

Good for you! The plants will thrive and so will you
We survivors ........do.

Weeza

glad you took Carol's suggestion to go outside and breath in some fresh air.

And what a nice unexpected gift you've brought to your shop by bringing in your plants and dressing it up with life during this challenging period.

Right now it's a cold evening and my little boy is bored so we've taken out three bins worth of Hotwheel tracks and all the gear to make a giant amusement park for his cars and mini skateboards-- thus my living room now looks like a big toy store... it's kinda similar to you bringing in plants into your shop and having them take over-- life in action.

Every day is different. Things change. Perhaps this period in your life feels like you've had the floor swept right under your feet and now you're having to grasp at what ever is around, but maybe this life changing event for you will meet with an unexpected turn for the better... This reminds me of when I had a couple years sober and was met by an earthquake that took away my home and job so I had to live out of my car for a summer while making do with the resources from my University... but had that event not happened, I would not have had an amazing spiritual revelation come to me-- it was only when I lost everything that it dawned on me how I was still alive and not beaten-- things could only improve.

I later shared at a meeting about my terrible losses to which an oldtimer came up to me and said, "maybe this is your way of your higher power stepping in to help make changes for you... loss creates space for new things... usually after loss, miracles happen... be on the look out for them."

As it so happened, that did indeed come true... had my life remained unchanged, I would have been stuck in a grind, but because I lived through the worst, by keeping sober, I endured and my will to fight for a better life paid off-- now I live a most amazing life with perfect home, darling son, and good people all around-- a dream come true.

This time next year it'll all be different and you'll look back at this time and say, "wow, I worked through all that and look where it's taken me..."

xx

barb dwyer

I hope the remember WE worked it out together. But you're absolutely right.

************{Laurie}}}}}}}

I'm only just now seeing your post - got caught in that page separation place....

barb dwyer

hey everyone - check out what just hapened to me - I posted it over in Newcomers.

"That Woman's Angel..."

man I am so grateful she came in my store.

Lenina

((((barb)))

I just wanted you to know not an hour has gone past that I didn't think about you and send my best thoughts. Looks like you've been given some good contacts and good advice.

As far as your landlady coming by your workplace to give you the eviction notice, I think she's practicing a little "offense as the best defense." I think she knows it's possible she's liable for something and wants to keep you off-balance. You kept your cool head, I admire that! I probably would have started crying the minute she left!

Tomorrow, call the numbers you've been given. Talk to Legal Aid. This is an emergency situation and will look real bad for a nice lady like you to be sitting on the curb due to an unjust eviction.

Certainly, you want out of that hole as soon as possible but since you have done nothing wrong, you should be granted the time to find a place. Getting escrow account set up is an excellent idea and Legal Aid can best advise you there.

In the meantime, keep looking for a good, safe place. Start packing what you can, clean out those closets and get organized. I'm glad you've found a good place for your plants! I'm sure that's a relief for you.

Do keep us posted on your progress. I had several years where I had to move multiple times. It was a drag but I always was where I needed to be, if that makes sense.

Much love to you!

Lenina

barb dwyer

well, I've3 only lived there since September.
S it's not like anything ... backed up, you know?

*I* think what it is
she admitted she's already rented the apartment to a college kid
and now she wants my furniture and belongings
so she can rent it as 'furnished'.

barb dwyer

she won't get 'em.

I'll drag everything out into the parking lot
and set it on fire first.