My fiance and I extended our year-long lease in back in July. Our original landlord was very attentive, and happy to attend to any problems we had with the property. Unfortunately, he sold the property, and now we are stuck with landlords that are unattentive and rude. We notified them of problems with leakage in the bathroom almost a year ago, and they neglected to fix it. Unable to stand it anymore, we removed the drywall and fixed the leak ourselves and put a new tile floor in to replace the damaged linoleum. Months ago, a new leak sprung, which we notified them of, and they still have not had it fixed. The drywall is growing black and purple mold, tiles are falling out of the shower walls, and the grout has turned almost completely black. I am tired of paying so much to bathe in a mold-laden bathroom. In addition, the wall paper is peeling, the carpets are damaged, and they NEVER pick up the rent on time (my check will sit in the mailbox for days). Can I legally get out of this?
2007-09-26 04:03:32 · 8 answers · asked by Rachel-Pit Police-DSMG 6 in Business & Finance ➔ Renting & Real Estate
American Beauty,
The apartment in general is gorgeous, with the exception of these listed problems. And, my wedding is none of your business.
2007-09-26 04:25:47 · update #1
If your lease was in effect prior to them becoming your landlord, then they may actually wish you would move.
How could you sign a lease with the great landlord in July but then state you informed these new landlords of the leak almost a year ago. That doesn't wash.
I wouldn't try to get them in trouble, first, in order to get out of the lease.
I would first call them, or write them ideally, and ask them if they would be agreeable to disolving the old lease that you signed with the prior landlord and create a new contract with them....just going to a month to month contract. They would probably love to be able to do that because legally they cant.unless you both agree to.
They will likely be all too happy to do that because reality be known, they have just taken out a mortgage to purchase this place and the rent you are paying is not covering his costs and the lease is preventing him from raising the rent to cover them. He may feel stuck. If you ask he may say "sure" thinking he can get more rent $ and even if he does raise rent, you can then move. Don't sign another lease with him but a month to month only.
Try that first before you escalate the issue with authorities. Then if that doesn't get you out of the lease, then call the county inspector. He will come out and site violations and then your LL will be mad-fix to minimum standards only. And your still stuck with the length of the lease. The LL will not be sited or expected to fix non health issues. Mold yes!......carpet and wallpaper-no way. It might look ugly but its not going to be deemed a health issue. Have you written the landlord with the word "mold" .... It is a issue landlords generally jump on.
You need to be careful though. How do you know its a new leak. If he just bought it, likely there was a home inspection. If the home inspector did not note this bathroom condition back in July - It could be perceived as a condition you created. Leaking pipes and soggy sheetrock and pulling tiles should have been found by the pest inspection report and the inspection report.
If you state that you repaired a pipe and now there is another leak it too could be blamed on you. I would call a plumber first and have them diagnose to make sure it's not related or could be perceived as related to work you did.
In Ca there is a rule that tenants can fix health and safety issue themselves and take out of rent. But you better be clear what tenant landlord law says regarding health and safety issues before doing so. Carpet and wall paper absolutely would not be allowed for something like that.
When they pick up the rent is not anything you can use to your advantage. That has nothing to do with you at all and would only serve to make you look petty....not the way you want to be perceived when trying to get issue addressed.
Good Luck
Open Book Advisors™
2007-09-26 05:10:43 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Did you send them notification certified in writing? That is the most important thing to do, so that you have proof if it is necessary to take them to court. Do that now, if you haven't. With the mold problem, I would think that would be a matter of health and safety, in which landlords are supposed to fix with a matter of 3-5 days. If you can't get resolution with them after sending it certified, take the new owner to court and try to get back all of the money that would be allowable in small claims court. Make sure to take plenty of pictures, and call the previous owner to see if they can help you with this, should it have to go to court. They can attest to any damages done beforehand.
Good luck!
2007-09-26 04:48:12 · answer #2 · answered by Tammi B 3 · 0⤊ 0⤋
Talk to a solicitor, they are almost definately breaking the contract. Most contracts say something along the lines of 'landlord agrees to attend to repairs in reasonable time' a year is never reasonable time, but you need a solicitor to help you go about it the right way.
2007-09-26 04:08:09 · answer #3 · answered by Holly W 4 · 0⤊ 0⤋
Just the mention of mold and I scream to the city offices about it! Call your city health department today to get action.
As for the work you did, you shouldn't have done it and it may cost you more to have it put back to the way it was.
But call the Health Department today!
2007-09-26 04:30:56 · answer #4 · answered by Alterfemego 7 · 0⤊ 0⤋
Contact your local Rental Mediation Task Force. They'll tell you what your legal rights are, and work out possible solutions for you and the landlord. And it's free.
ADD:
Here's a link -- they might be able to direct you further
http://www.cityofboston.gov/rentalhousing/
2007-09-26 04:17:24 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Take your lease to an attorney, and get his advice. Different states have different laws which might effect your situation. The last resort is to find another place, and move as soon as your lease expires.
2007-09-26 04:10:29 · answer #6 · answered by Beau R 7 · 1⤊ 0⤋
call state housing on them, inspector will come and evaute the premisis and fine them until the provisions are fixed. i would not worry bc once the state shows up they will def make the repairs, etc.
2007-09-26 04:10:23 · answer #7 · answered by spadezgurl22 6 · 0⤊ 0⤋
Why do you live is such a messed up apartment? It didn't just start being this way. Talk to someone at your local Housing Authority. They will guide you out of this lease. And why are you living with a man who hasn't bothered to marry you? Just curious.
2007-09-26 04:13:00 · answer #8 · answered by Anonymous · 0⤊ 6⤋