A health and safety receivership is a viable remedy for abandoned properties, unsafe properties, or properties with a history of non-compliance. When landlords or property owners allow the state of their properties to decline to the point that it is no longer safe for the tenants, the tenant has the option of involving the courts to help them with their struggle.
If local law enforcement has been called and has become involved with the property regarding issues that make the property unsafe or unhealthy for its tenants, a health and safety receivership can be a good solution to help make the property safe and livable for its tenants, too.
Oftentimes, through no fault of their own and regardless of the reason, some landlords and property owners are unable to maintain their properties in reasonable conditions that provide for the health and safety of their tenants. Even though the tenants are paying their rents on time and following the terms of their rental agreements, the condition of the property has deteriorated since they signed their lease.
When this happens, many tenants become disillusioned and believe they have no legal recourse. They believe that the landlord has all the power and that they, as renters, have no remedy and that there is nothing that they can do to fix their situation.
Your Best Remedy: A Health & Safety Receivership
In reality, a health and safety receivership may be the best, and some times only, legal remedy available to them. In order to begin a health and safety receivership, a tenant or group of tenants must begin legal action against the property owner. This can be accomplished through an attorney or in some cases legal aid.
Once the tenants, acting by themselves or through an attorney, create and file their petition or complaint with the court and request a court receiver, a hearing will be scheduled that determines if a health and safety court receiver is justified. It is at this hearing that a judge may appoint a court receiver.
At the beginning of a health and safety receivership, the presiding judge appoints a court receiver over the property to follow the court’s orders and bring the property up to code. The court receiver’s duties may include: managing the property’s maintenance, making repairs, bringing the property back up to code, paying expenses, collecting rents, operating the property, relocating tenants, or providing relocation funding.
A health & safety receivership can be the best, and sometimes only, recourse that you may have.
A health & safety receivership is one of the most immediate remedies for resolving housing safety issues and code violations.
A health & safety receivership offers tenants, lenders, and regulatory agencies a way to take control of unsafe, unhealthy, and unfair situations involving delinquent owners and landlords.
For More Information about a Health & Safety Receivership
For more information about health and safety receiverships and having a court receiver appointed over your health and safety matter, contact Kevin Singer of Receivership Specialists by using our Contact Page or by calling us at 877.755.9064.
Use this link to learn more about How to Have Receivership Specialists Appointed to Your Matter.
