I signed a lease for 1 year. My landlady will not make repairs.?

Question

The dishwasher doesn't work. She said to buy some Jet Dry, did that, water won't reach top rack. Kitchen faucet runs (hot) water all of the time, I have to keep the water turnned off under the sink. The toliet won't flush, I have to lift the tank lid and stick my hand into it and manuver the float. The light fixtures are broken. I didn't see them, I look at the apt at night. I have something dead in the central air duct that smell so bad I can't turn on the heat. She told me 2 weeks ago she would send the heating/cooling man out, haven't seen one yet. That's all I can think of right now. Can I get out of my lease. I don't know if I can afford to move right now. But when I can afford it I will. Can I get out of the lease. She didn't even give me a copy of the lease. She told me she was out of legal paper. Help. Renter in Tennessee

Answer 1

Sweetie from this day forward always remember NEVER sign anything without receiving a copy.

It sounds like you have a slumlord landlord. Typically a tenant cannot break the lease if the conditions are livible and not hazardous to the health. BUT your conditions as you describe them are absolutely nasty. The dishwasher isn't much to go on - but the toilet raises an issue as well as the smell from the centrai air duct. That needs to be checked out - perhaps its not something dead but it could be something preventing clean air from circulating.

Your first step is to get a copy of the lease. Get firm with this landlord advise her that if she cannot and/or will not correct the conditions you will voice your opinions to someone who will correct the situation (i.e. your attorney). Also seek legal advice to the matter - the problem here lies with the fact you don't have a lease to show the attorney. In many states its against the law not to provide a tenant with an executed lease - but the problem is this is your word against hers as to why you don't have a lease. Speak with an attorney, perhaps your employer has an Employee Assistance Program - if so most of these give you free legal consultation via telephone and face to face. And don't rule out the media - if you have Customer Advocate Reporters in your area - contact the local media and give them your story - I'm sure that will put fire under this slumlord because no one likes negative publicity. And don't forget the Better Business Bureau - even if your situation is resolved notify the BBB so there's a report on file; if this slumlord has done this with you she'll more than likely do it again.

Answer 2

Consult a landlord/tenant dispute attorney. You've got some major issues that aren't being taken care of that are making the place uninhabitable, which gives you right to terminate the lease.

66-28-304. Maintenance by landlord. -

(a) The landlord shall:

(1) Comply with requirements of applicable building and housing codes materially affecting health and safety;

(2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

(3) Keep all common areas of the premises in a clean and safe condition; and

(4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3).

66-28-501. Noncompliance with rental agreement by landlord. -

(a) Except as provided in this chapter, the tenant may recover damages, obtain injunctive relief and recover reasonable attorney's fees for any noncompliance by the landlord with the rental agreement or any section of this chapter upon giving fourteen (14) days' written notice.

(b) If the rental agreement is terminated for noncompliance after sufficient notice, the landlord shall return all prepaid rent and security deposits recoverable by the tenant under § 66-28-301.

The law is on your side. Get an attorney.

Answer 3

The washer is not a fixture of the house so I doubt there is a law requiring the landlord to keep it up and running. Without a lease stating who's responsible for the washer or even that the washer is an amenity of the rental you're probably out of luck. As for your concerns about future problems like the AC or roof, those things are held in the responsibility of the landlord.

Answer 4

get a copy of your lease and see what is in there on breaking it. I always ask that question when I rent a place. Usually they require 3 months rent. I have seen some that don't let you and you are on the hook for the whole thing. Ask for the lease if she doesnt give it. consult with a lawyer and see if you have an out.

Answer 5

At the very least you need to document everything in a demand letter to her....that starts the legal clock.....landlords have a duty to maintain habitable conditions....and most states provide a pretty darn short time table for them to comply....google your state and landlord/tenant laws for time lines....send the letter stating what specifically needs fixing and give a deadline.....then when you don't pay rent......(if your state allows that)....you have documentation that you formally requested repairs....

Also, keep a diary of your daily frustrations and how difficult it is to live there......I would also consider giving her 30 days notice as she is in violation of her end of the lease.....and move out!!


Walk yourself to her office and demand a copy (bring blank paper w/ you).....

Answer 6

Call a real estate attorney now! They usually don't charge a fee (ask them up front) for your first call. They can advise you what your options are. Sometimes just a letter from the attorney written to your landlord can get things on the right track.

Answer 7

You should be able to contact an attorney who specializes in landlord/tenant disputes through your city. Call the City Clerk to find out. I don't think you even have to pay any fees. Good luck, it sounds like a terrible situation.

Answer 8

Notify her in writing that until your apartment or house is in livable condition, you will be withholding the rent. Don't spend it, you will still have to pay it, but let her know that you expect all repairs to be made in a timely manner, or you will withhold the rent payment until they are made. There are agencies that you can report these type of landlords to.

Answer 9

1. STOP PAYING THE RENT.

2. Better Business Bureau - even if your situation is resolved notify the BBB so there's a report on file


This is NOT right

Answer 10

Damn.

Maybe you should try calling the housing authority in your area and see what they say. If your toilet doesn't work and you have something dead in your ducts, (to me) that makes her a scumlord.

Try calling your local news agencies to get your story out there.