What are my rights?

Status
Not open for further replies.

Marshall1976

New Member
Hello,

We moved into this place back in August. When we initially walked through we were told the only thing wrong with the unit was the furnace did not work and that would be fixed as soon as we paid a few months rent.

Since August we discovered there was a lot more than just the furnace wrong with this place.

1. There was paint everywhere. On the floors. On the carpet. On the windows. We cleaned it up.

2. Some of the electrical outlets did not work and there were exposed live wires.

3. We had to install new doorknobs because the landlord gave the key to another potential tenant. (Doorknobs provided)

4. Windows are drafty. One window does not have a latch and can be easily opened from the outside.

5. Daughters floor had a 3 foot hole in it and another soft spot in the middle unsafe for adult weight.

6. Landlord now says he has no intention of fixing the furnace. Our electric bill has tripled due to the fact we are forced to run 6 electric heaters to keep the house warm. The electric has already been turned off once as was the gas trying to heat the house with the oven.

7. Door in living room has no porch. Instead Landlord screwed a board across the door to prevent use.

8. Ceiling sags and leaks from an old stovepipe fixture.

9. Heater vent covers missing. I was finally forced to screw pieces of wood over them to prevent injury.

10. No phone lines in house. We were forced to run one through the window from the outside box.

11. The yard and driveway has become a swamp and even 4WD gets stuck. My wife is 7 months pregnant and the landlord suggests we park 50 yards away and walk through the mud. Our family is also forced to walk through all this mud if they wish to visit. My father in-law and wife already almost slipped and fell.

12. When it rains or snows it comes in through the front door. Every time it rains outside it rains inside as well causing a giant puddle on the carpet. right under the light switch.

I informed the landlord of all the problems with the unit and he said "I know. The place wasn't ready for renters yet"

Now I am dealing with his son. His son says he will get everything taken care of. It has been two weeks now. Electricians did come but told us they would need to reschedule because they were unaware of how much work was needed. The landlords son is in the construction business and says "He is watching the pool to see who is hungry so he can pay a guy less then he would usually ask". Now he is saying that all his guys are tied up and we have to wait for their schedule. Meanwhile my family is forced to live with these issues.

The landlords son has made a couple attempts at "fixing" the problems. The fixes are unprofessional and do not work. He did manage to fix the 3 foot hole in my daughters bedroom but the other soft spot he simply placed a piece of board under the carpet creating a trip hazard right in front of the window. He said he is going to have to talk to his guys about when they can get around to it.

The electricians told us they would be back last Wednesday. Then we were told Thursday. Then the weekend. Today makes a full week later with not so much as a phone call.

I feel helpless. This apartment turned out to be a big mistake and we are stuck in a lease until August. What can we do?
 
Last edited:
When you viewed the property before you signed the lease, how many of these things did you note?
 
We were simply told about the furnace. We were kind of rushed around because there was no electricity and the apartment was extremely hot. We were basically just shown the size and layout of the place. We didn't discover anything until we had actually moved in. The only thing I noticed upon the initial inspection was the vent covers missing and he claimed "They were around somewhere"
 
I didn't read your whole complaint... but honestly I find it hard to believe you were unaware of these issues when you moved in. Holes in the floor were unnoticed??

You will have to review your state's laws regarding renter's rights. Depending on the damages, and if you follow the proper procedures, you may be able to withhold rent until the repairs are made.

Here is something I just stole from another website... it is a guideline... not necessarily the law that applies to you.

You must give your landlord written notice of any needed repairs to keep your living quarters safe and healthy (It is recommended that written notice be mailed by certified mail, return receipt requested, when possible).

Your choices (if the defect affects safety or health):

(1) You may tell your landlord in the notice that if repairs are not made in 14 days you will move out in 30 days after the notice and your lease will be over.

(2) If the repair costs less than $100, you may tell the landlord that you will have the repair made yourself and subtract the cost or value from your rent if the landlord does not repair in 14 days.

(3) If an essential service fails due to the landlord's fault or willful act, you can, at your option, by giving written notice:

(a) End your lease and move immediately.

(b) Move somewhere else temporarily. You will not owe the landlord rent while you are living in substitute housing.

(c) Sue the landlord for damages based on the difference between what the apartment or house is worth without the essential service and what you are required to pay under the lease.

(d) Make your own arrangements for the service and deduct the cost from your rent.

(4) If the conditions are so bad that there is an imminent threat to health or safety which is not remedied as soon as conditions require, you may give written notice of the problem and end your lease immediately.

(5) If a fire or other emergency makes your living place unsafe, you may end your lease by moving out and giving written notice within one week.

None of these rights are yours if the damage is caused by you or your family or pet, or a person or animal on the premises with your consent.
 
The biggest hole was in the closet and the smaller hole was under the carpet. We just walked through the house showing us what was a bedroom, what was the kitchen etc :(
 
Status
Not open for further replies.
Back
Top