What can I do about an uninhabitable apartment?

Question

I moved in to an apartment (the upper part of an old house; the landlords lived below) in August. There was no signed lease agreement, but I indicated that I would probably stay through May of next year. I paid a deposit as well as rent on the first day of each month.
Unfortunately the apartment turned out to be a health hazard. The bathroom had a black mold infestation, the cold water in the sink didn't work, sometimes I had no water, they turned off the heat for a week when they went out of town, and the bathtub did not drain at all (so I took a shower elsewhere for a month).
I gave them two weeks' notice and moved out November 1st.
They are not giving me my deposit back because they claim they are losing money by not having time to find a new renter. This is a lie because they have a second apartment they rent that has remained vacant since I moved in.
1) Is it possible to get my money back?
2) How do I report health code violations?

Answer 1

#1: They have the amount of time alloted by your state's landlord tenant laws in which to return the deposit.

If you moved out November 1st, generally, they would have 30 days to return/account for your deposit. There is not much that you can do until the deadline provided by your state's landlord tenant laws passes.

#2: All of the issues you mention are serious and should have been dealt with/reported while you were living in the premises. Did you follow your state's landlord tenant laws regarding repairs or reporting habitability issues to the local health/housing/code inspectors? The time to report the issues was while you were occupying the premises.

If you did not, you have no proof and the issues are irrelevant now.

#3: No written lease = a month to month tenancy. Again, it depends on your state's landlord tenant laws, but generally, a 30 day written notice (including a full rental period) is required to terminate a tenancy. If you gave notice on or around the middle of October, the landlord can hold you liable for the rent for the whole month of November. The landlord can legally deduct November's rent from the deposit.

Answer 2

As a Realtor I can tell you, no you probably will not get the deposit back. First you had no lease which pretty much releases all parties of responsibility, however a tenant can usually win that argument in court if yiur complaints were sent to the landlord in writing and you had them documented and sent certified as proof they recieved them. Sorry it didn't work out but in the future, always get a lease and always document and send maintenance problems / requests in writing. Then you are almost always a winner.

Answer 3

I hope that you documented your complaints by communicating in writing and keeping copies.
1. Consult your local rent arbitration board if there is one about bringing a complaint if they have jurisdiction.
2. Otherwise it's a case for small claims.
3. Call your county bar association and see if you can get a free or low fee brief consultation with a tenant's attorney.

Here in California there is a "defense of uninhabitability" that basically negates the obligation to pay rent for unhealthy and unsafe premises.

Answer 4

Even without a written lease you are required to give 30 days written notice to move out. you did not so you lose your deposit.
To report the building code violations contact your town or city building inspector at the town hall office.

Answer 5

You made the error of not providing adequate notice to move out. Normally, that is thirty days in advance of any specific rent due date.

Had you done so, you would have been entitled to return of your security. Sad to say, you violated the statutory lease provisions of your state.

Answer 6

Call the county health department and report it, which you should have done while you lived there. I don't think you'll ever get your deposit back, but talk to a lawyer if you think it's worth it.