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rental problem Breaking a Lease

Discussion in 'Other Residential Landlord & Tenant Issues' started by hk1118, Jul 10, 2015.

  1. hk1118

    hk1118 Law Topic Starter New Member

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    We rented a property in Las vegas Nevada, while living in northern CA (bay area), The ad said pool and spa and the leasing agent confirmed that there was a spa on 3 different occasions. when we arrived for our walkthru after overnighting our deposit and first mos. rent (2 separate overnight charges) and getting the utilities in our name for a week before we arrived we found that there was in fact no spa. in addition the AC was on and stayed on for the entire 4 hours that we were there and on for more thaN 4 more until the service tech called us and made us leave our dinner without any warning that he was on his way. We were very upset that there was no spa it was a must have for us and we asked fopr a reduction in the monthly rental amount. They offered to reduce it by $50.00 and we felt that $150.00 was more appropriate. They refused and we asked for our money back including the overnight fees and the money order charge, the utility costs, whatever they might be and our gas to travel down there. We felt that paying us for our time and for our timeshare that we stayed in for the trip was also appropriate but did not ask for that in the interest of fairness. We received a phone call and susequent voicemail (which we still have) agreeing to our refund request along with an apology for an "inadvertent" mistake in their ad by an agent who had not visited the property but was going off of the tax description. The agent that called went on vacation and handed our situation off to anohter agent who immediately demanded we pay a prorated rent and covered some wear and tear charges for damage to the carpet and the paint. We informed here that we never occupied the property but she persists. We are wondering if small court is our next move, we really are in a bit of a jam as we need to move and we are now short on cash.
     
  2. army judge

    army judge Super Moderator

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    Small claims isn't the panacea you think it to be.
    Don't expect people to pay because you demand it, and don't expect small claims to get you paid.
    This is why one never hands over the money until he or she has verified the goods are as desired.
     

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