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Old 02-12-2019, 06:04 AM
 
2 posts, read 778 times
Reputation: 10

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The signed contract contradicts itself. It says landlord does not provide any utilities as #11 of the agreement. Then at the end it says tenent to pay water at $25/month per person. It tells me to order utilities in landlords name to be terminated. But even in original ad for house it said water included at $25/month.

Furthermore, I had a roommate move in who was verbally told he wouldn't have to pay the $50/month fee per additional person. He also was added to a group text- him, the landlord, and I about the unit plus has private texts with landlord asking if "he is home". Is this enough for written agreement? As I've found per lease verbal doesn't matter. Since we don't have written proof that the landlord agreed not to charge us $50 per additional person, now that LL wants us out he is back charging $50 PER person for every month we've stayed here. The lease says per ADDITIONAL person though so this is clearly wrong.

I have also had a broken water heater for 5-6 weeks, circuit breaker not working for all outlets on the porch including washer. And the landlord has confined my dog to be on leash to less than .25 acre of a 5 acre property. Not allowed on shared driveway so I cannot take her on a walk down the street unless I drive my truck off property first. Put in illegal brick speed bumps (city code enforcement has to approve all speed bumps for emergency vehicle reasons, even on private property). And says that if we drive too fast he can evict us, but this is not on the lease also. All of these demands however are on his 7 day notice of non-compliance. How can I not comply to a unspecified speed limit with nothing about driving slowly anywhere on my lease and the term slow being subjective?

He also breached my privacy rights. After going on vacation and not having anyone around to watch the rentals or call within the vicinity in case of emergency, he got back and texted my roommate (not me) that he'd come sometime this week and when would be good. My roommate- not on lease- said anytime after noon on Saturday or Sunday. The landlord then texted me 7:30 am on Saturday saying he'd be in with some people at 9:30. He did not tell me if they were company workers or friends of his to help fix the water heater. I do not know my landlords friends and said we need to do 12:30 or after noon like originally agreed upon with my roommate and the LL never specified a time in response to that answer so this is not advance warning, it is only 2 hour warning since it was the first I was hearing about it from him and not through a third party since I am the one that signed the lease. He lives directly next door and came over banging my door and yelling at me when I was only asking for am extra 3 hours. He said whoever he wants to can come in my unit to fix things because he's the landlord and what he says is law. So I collected my dog and left for the day in fear asking for my 12 hour notice. He said it wasn't my right, and he would have a sherriff assisted entry and I could be present if I wanted to. This was a couple hours later at 9:30/10:30 so I started driving back and asked if the sheriff was there to explain my rights to me. He didn't reply for some time so I pulled over to ask again if he was there and they were waiting for me or if my landlord was lying- he told me the sheriff wasn't coming cause this is a civil matter and that he was already in my unit. I didn't want conflict so I didn't come home until after dark because it was pointless by the time he already entered the house.

I gave him a 7 day notice the same day he gave me one- yesterday. Because he never even fixed the water heater the day he entered. He said that there were plumbing issues also and that the water heater was "post poned until further notice". I've been going over all the documents for loopholes. Any advice from anyone is appreciated, do you think I have a case? I want to be released from my lease without being taken to collections for the last 8 momth of my year long contract. In my notice letter I've demanded he checks for mold (which he refused to do before saying it was our problem- verbally) that I think is there from the water heater. I also asked to be prorated back the rent I've paid him while living 5-6 weeks with a broken water heater. At this point, hopefully there is mold and it is unlivable so I can get out of this lease and my money back.
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Old 02-12-2019, 08:55 AM
 
Location: Long Island, NY
1,898 posts, read 2,835,776 times
Reputation: 2559
1. Regardless of what an advertisement states, you are required to pay what you agreed to in the lease.

2. Any changes to the lease must be in writing, signed by all parties.

3. A broken water heater is considered an emergency and therefore does not require a 12 hour notice from the landlord. Your privacy was not breached.

4. Was the water heater eventually repaired or replaced? If so, you have no basis to give a 7 day notice.

5. If you suspect dangerous mold, have the mold professionally test yourself. The landlord is not required to address your suspicions.

Why did the landlord give you a 7 day notice?

I doubt you can break your lease without penalty due to unhabitability....especially since you are still living there and you have zero proof of any habitability issues. The same holds to true to getting any prorated rent returned.
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Old 02-12-2019, 10:07 AM
 
Location: Port St. Lucie, Florida
4,507 posts, read 9,197,078 times
Reputation: 1999
get legal advice... SO much is wrong....
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Old 02-12-2019, 10:08 AM
 
Location: South Florida
5,020 posts, read 7,446,241 times
Reputation: 5466
Quote:
Originally Posted by Marine_Park View Post
Go get some legal advice, not on the web, it's unreliable and mostly wrong. Understand this however: The lease itslef is the governing document - period.....unless there was fraud.
This post

Your post is kind of hard to follow because you tend to ramble (not trying to be mean).
Put your thoughts together and contact: https://www.freshfromflorida.com/

They can advise you.
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Old 02-12-2019, 11:50 AM
 
2 posts, read 778 times
Reputation: 10
He offered to break the lease, and signed an agreement to give back all money I asked for. A broken water heater wasn't an emergency for 6 weeks but was for 12 hours of privacy notice? And no, even after that incident it didn't get fixed. But thank you all. I was going to get legal help if he didn't comply.
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