Rental agreement. How long to I have to dissolve the contract and not move in?

Question

The house is not very nice I was not allowed to see it before I moved in...I know not very smart. So today I get a key and this place is GROSS....want to just find another place and get my deposits back...Is that possible?

Gross (very technical terms i know :-p ) it is paneling bad enough but also damaged, scuffed and dirty floors, sagging aroudn the sinks where there are leaks (?) gas water heater next to gas stove in kitchen, old source of heat that will not maintain adequate warmth, smells of urine, duck tape on the shower head, duct tape around window air conditioner, hole in cement floor to drain the water from the washer into the back yard, screen doors don't close, missing screens, leaking garage to name a few

Answer 1

A couple of questions with regards to your dilemma. Did you sign a lease contract or a tenant at will agreement? If you signed lease agreement it is doubtful that your will receive your deposit back, but with a tenant at will agreement I would suggest the following:

1. Call the owner/rental agent and give him a verbal and then back it up in writing, certified mail return receipt requested.

2. Take photos (lots of them) so that if they do not remedy the situation you can go through housing court (usually favors the tenant) or small claims. Judges like to see photos and they like to see that you have tried to resolve the issues in writing. A picture does tell a thousand words and with a receipt for certified mail, there's no denying they ever received notice of the breach.

3. If you rented from a real estate office then I would suggest you call the agent and the agents broker. I would also suggest that you state that you will be proceeding with legal action if they don't remedy the situation and/or refund your deposit.

4. If you are really unhappy and nothing will make this rental perfect for you, then I would suggest you give your notice, in writing "certified mail, return receipt requested".

5. If the unit is unacceptable I would call the local Board of Health agent and ask for the BOH agent to come view the property and they will cite the owner for violations. You can still give your notice, in writing, request a written refund of your deposit and give your 30 day notice at the same time. I would then still follow up with small claims or the housing court.

Not knowing what you refer to as "gross" I am trying to be as specific as I can be. I am a Realtor in Massachusetts and have a real aversion to "slum lords". I wish you luck and I hope this has helped.

Answer 2

If you were not allowed to see it before you moved in, you could try claiming fraud. If it is really unlivable, you could try calling the health department. The problem is that they have your money and will fight you tooth and nail to keep it, so you most likely won't see your deposits for a long time.

Be sure to take lots of pictures and have one or two other people there to verify the dates the pictures were taken so your landlord can't claim you made it that way.