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flyboy · 12-08-2007, 08:55 PM

I've seen too many posts like this on this site and many others. But it seems time to add my own landlord woes now. On Tuesday, we go a letter from the landlord saying that our appartment was not meeting health standards and we had 5 days to clean it up or we were going to get evicted.

When I called she told me our appartment smelled like stale beer and urine, we had dirty dishes all over, and storage was not put away. It took me a bit of digging but the "stale beer and urine" was the smell of hops in the pumpkin ale I made. There was a strong smell of hops but I didn't think that it smelled bad. The "dirty dishes" were by beer bottles that I took out to get to my equiptmen. And the "storage not put away" was my secondary. But wait. There's more. Found out that she tried to call the police on me earlier for "making moonshine". The cop that talked to her knew me and told her that it wasn't moonshine and that what I was doing was legal. He told me that she's mormon and doesn't like me making beer in my appartment. So she's saying I'm greating a health hazard and attracting insects when I make beer. The sick part is our lease isn't up until the end of July and if she gets us evicted, we still have to pay the remainder of the lease.

This is discrimination but I can't prove any of it in court. I'm being screwed and the only thing I can do is bend over and smile and say "Please sir. Can I have some more?".

**Yuri_Rage** · 12-08-2007, 08:56 PM

I'm sorry, man, that stinks!

I hate when people's personal agendas cloud their judgment.

**Schlenkerla** · 12-08-2007, 09:26 PM

If she doesn't really like it you can bail on her. Find a better place to live. I've bailed on a rental once before they can't do much to make you pay. I was transfering from a JuCo to a 4 year university had three months of lease left asked to be let go of the lease after 3 years and offered to clean the place well too. They wouldn't work with me. I said F'em and left it after I got my stuff packed up. I didn't pay them a cent after that. The rest is history. If she's really upset she'll be happy to see you go.

I'd first talk to the lady, possibly appologize and mind you P's & Q's for the time being. If you are having brewing smells eminating from the apartment open windows and have the stove fan going. Light a candle to burn up some of the odor. You might even try to explain that brewing requires sanitary conditions, it may slightly appease her.

Just try to keep the place clean, don't give her and excuses, she shouldn't be snooping in your appartment either. If she does I'd file a complaint as matter of record. You have a right to privacy.

BTW - Eviction is pretty hard to do in a lot of states. You have to be darn right criminal or violent to be evicted. Make sure you pay on time though.

**Bobby_M** · 12-08-2007, 09:34 PM

Yeah, actually the landlord needs to provide notice of an inspection. They can't just go in. That's tresspassing and any action she takes based on what she's saw is completely out of bounds. Similar to police and search warrants. The only time they can enter unannounced is if the downstairs appartment is getting flooded due to your tub overflowing or something.

MikeFlynn74 · 12-08-2007, 09:40 PM

Check the local laws-

If you get evicted I Highly doubt you have to pay anything.

Here in Alaska Its damn near impossible to evict anyone. I had my sister in law stay with us for a few months while she was waiting on state assistance. When I found out she was using welfare money on crack I promplty told her to GTFO. I was met with the cops who said reguardless of what she was doing or who she was endangering I could not kick her out even though she didnt pay rent. I went to court to get a restraining order which was not granted. However The judge gave her 1 week to move and told her not to come back. I asked the judge if after that time had passed and I found her in my house, Could I treat her like an intruder? The judge looked at her and said yes.

Mothrog · 12-08-2007, 09:48 PM

I'd hold on to that cop's name. Something tells me if she tries to evict you, and you can pull a cop behind you to support you in whatever action she takes against you, you'd be fine and wouldn't have to pay a dime. I'd also, as others have said, check your local and state renters' rights laws. In most states, unless there was an emergency or prior notice was provided, she was trespassing.

**BlindLemonLars** · 12-08-2007, 10:05 PM

Quote:

Originally Posted by flyboy

The sick part is our lease isn't up until the end of July and if she gets us evicted, we still have to pay the remainder of the lease.

No way, no how. They cannot kick you out of your home, and still charge you rent. Even if such things are spelled out in the lease contract, contracts do not supercede the law. Anyhow, it's hard as hell to evict at all, and if a tenant digs their heels in even slightly, it generally takes at least a year. Landlord/tenant law is heavily biased towards protecting tenants.

My advice would be to tidy up your bottles/carboys and such, and politely explain your activities. Do what you can to reduce odors, and as Schlenkerla suggests, show her that brewing in fact requires strict sanitation practices. If none of this appeases her, tell her to stuff it and start planning to move in July. She won't be able to kick you out before then. If she takes matters into her own hands and removes ANYTHING from your apartment, then god help her...you'll be able to eviscerate her in court and collect all kinds of damages.

She clearly hasn't done her legal homework, as AZ law gives you 10 days to correct violations, not 5.

Good luck man, I hope you can defuse the situation without too much grief. Remember though, the law is on your side and you will prevail. I'm soooo glad I own my home, and don't have to deal with this sort of crap!

**Sir Humpsalot** · 12-08-2007, 10:18 PM

To cover up the odors, I recommend patchouli incense. It covers up the brewing smell. After that, she should stop complaining.

MikeFlynn74 · 12-08-2007, 10:38 PM

Also tell her brewing is part of her religion and if she trys to squash that you will sue until you are the owner of the apt.

Trust me- she doesnt have the money and she has the only thing to lose.

Brew Runner · 12-09-2007, 05:25 AM

Get some of that marijuana-smelling incense to cover up the ferment funk.....

I hate to say it, but sometimes being nice and yielding to badge-happy authority is more beneficial in the short run. If you can fight the good fight and win, by all means do that first. However, if you cannot, sometimes it's less inconvenient to at least shine someone on. Explain to the LL that you didn't mean to cause a problem, and assure them/show them that you're not doing anything illegal, dangerous, damaging, or weird.

Then again, HTH do they know how your apartment smells or what's in it? Does that count as breaking and entering?