owls_79

Hi,

after following the great advice I received form here I thought I had secured a decent apartment at an acceptable price. I don't want to provide any identifying information on here, so I'll keep this as vague as I can. Sorry for the length (and this is the abbreviated version!!)

I signed the lease with the provision that work would be done on the apartment (specifically kitchen worksurface and appliances). The landlord/lady agreed the work would be done within 2 weeks. This meeting/lease signing took place at the start of June and I agreed to pay rent from the middle of that month (2 weeks rent total) to secure the property as it could be rented to another tenant (i.e the work would have been completed to move-in standard by that date). I was away for the remainder of the month so could not monitor the progress of the work. I was due to return at the start of this month. However, I had to remain in Europe for a few extra days and therefore mailed a check to cover the next months rent to avoid being in arrears (this was probably very naiive on my part, but I was not informed by the LL or realtor that the work had not been completed). When I returned (6 weeks after signing the lease and 4 weeks after paying full rent) I found no water supply in the kitchen, no functioning appliances, oven lying on the floor of the kitchen, smoke alarms reduced to wires hanging from the ceiling and that the small holes in the walls of all living areas made by pictures hung by the previous tenant had been covered by huge blobs (fist-A4 letter size) of completely mis-matching paint. To say I was livid was an understatement.

Anyway, despite being promised every day that work would be finished, I only received a water supply to the kitchen last Friday (after the realtors threatened to bring in their own workpeople and bill the LL directly), the plug sockets in the blacksplash behind the sink are completely exposed (I can see bare copper wiring less that 10 inches from the tap), oven is still not installed and lying on the floor etc. I've delayed moving in any furniture or having cable etc installed until the situation is resolved (so I'm free to make a quick exit), but sleeping on a camping mat is getting really tiresome. Also I'm getting far too familiar with the bugs, particularly the
(kinda cool looking) house centipedes


I have a meeting today with the realtor and LL (who already dodged the previous meeting set for 2 days ago) when I can hopefully work out some deal for compensation and immediate completion of the work. I think any decent landlord-tenant relationship may be well and truly over. However, if we can't work out a compromise then I would move out immediately and pursue the return of my deposit and 6 weeks rent through the small claims court. According to the realtors I've spoken to, my case is very strong as the LL has clearly broken the terms of the lease. The voice in my head is screaming for me to get out of there if I have the opportunity, but then I would have to fork out for the deposit on a new place whilst fighting to get my original deposit back.

Has anyone been through a similar situation who could offer any advice? I don't know how the small claims situation works and really didn't plan to start my life in the States like this

Nutmegger

Sorry, haven't had to deal with anything like this -- but I wouldn't think of moving into a place owned by people like this. If this is how things are at the start of the relationship, when one might think everyone would be on their best behavior, think how bad it's going to get once you have moved into the apartment and can't get any services and they have you over a barrel not wanting to move again! Don't walk, run to look for somewhere else, whatever the financial loss. (And sue their asses, of course!) Good luck.

N1cky

I would get out now while you still can

denzil75

+1

Jerseygirl

I agree with what others have said...leave. Make sure you take plenty of photos as proof.

HighCountry

Leave! Peace of mind and safety are worth far more than a deposit. Learn from it and give the next place a thorough inspection.

Scouse Express

Ditto - Take The Money And Get The Hell Out


Jim.

Bob

Leave.

Check what the state says about deposits and breaking of the lease. Usually, the landlord is responsible for returning the deposit, along with any interest it has accrued within 30 days of you handing the keys over.

You'd probably have to sue in small claims to get the rent returned though.

yellowroom

+ 1 for listening to the voice in your head and walk away as fast as you can.

Your best bet is to put pressure on the realtor. Their reputation is at stake here - they are as much your representative as the LL. Any decent realtors don't want to have shoddy LLs on their books. If nothing else it makes work for them and cuts into their cut of the rent.

Lots of photos and/or 3rd party witnesses will help. Do you have renter's insurance (ie contents insurance)? Does it have legal cover?

Tarkak9

A lease is a contract. If it was in the lease about the repairs being done and by a deadline, clearly a breach of the lease and may be grounds to terminate. The catch-22 is that failure to pay rent may come back upon you and the fact you have been paying rent can be interpreted as acceptance of lease and property. A library may have a state real estate manual and there is bound to have a chapter in there about leases and sec deposits etc. You may need legal counsel. I wouldn't mess with trying to live there imo, there are plenty of fish in the sea.

With all that work, were applicable permits pulled? Was this rental through a management company? Address matters with both the agent AND the employing broker AND the company. IMO they have vicarious liability as they are bound to have some sort of agency relationship with the LL. To rattle the cage, you may want to drop a hint that you're thinking of lodging a complaint with their association board and the state licensing division.

Small claims info should be on the county court website (its prob not a district matter) and typically there are cap amounts you can pursue but you may want to file individual claims for SecDep and rents paid for non habitual dwelling... (??)