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I've been here before addressing an issue with a place I moved into end of March this year with many issues, starting with smelly carpets that made it impossible for me to breathe. Having spent weeks and weeks on the issue with the LL, we came to an agreement that I pay a higher rent in exchange for getting the carpets replaced.
Well, things have changed since then. The carpets were replaced, and they only helped 50%. As the carpets were being installed, neighbours stopped to be nosey but also shared with me that the previous tenant had TWO cats, a dog, and ferret, likely without the LL's knowledge. This is a no-pet rental, and had I known that there were cats in here, I'd have NEVER rented it. My allergic reaction to cats is basically...above and beyond; I stop breathing and break out in massive hives.
So anyway, carpet changing only helped a bit. But the place still smells of cat urine (which is what I'd said all along, before finding out there were cats in residence here for 2 years prior.
Since then, the unit has had a SLEW of other problems: failing washer/dryer, piping problems, leaking windows, leaking pipes, leaking toilets, no cold water (shower is scalding hot), FALLING windows (on a very windy day, and the window cracked down the middle and fell onto the floor!)...and since the weather warmed up, there are SO MANY BUGS: spiders, creepy crawlies and things I couldn't even NAME.
Trust me, if you saw this place, you'd think it's a fairly nice place. It shows well, no doubt, which is why I rented it after the walkthrough.
BUT, there is no property management, the LL lives out of state (and has never lived in this property before). He has no handymen/electrician/plumbers/cleaners/etc. on his roster at all. So with all the problems that this place constantly suffers from, it's on ME to find these workmen and get them to do the work right. But wait...you'd think I'd do that and just get it over with, right? Well, I HAVE done, except 1 out of every 12-15 of the people I call actually call back, then they don't want to do the work b/c I'm not the LL and they get weary of going through me to the LL or having an out-of-state LL. How the heck was I to know this was going to be the way it is here? And when I spend 3-4 hours on the phone with different workmen with little success, and days and days of leaking everything goes by, the LL just says, well just keep trying to find someone.
I'm new to this state; I'm not EVEN from around here. I don't know anyone. I've talked to neighbours to ask for help and they're not much help, unfortunately.
So with one problem after another here...and now bug infestation, WHAT DO I DO?
I can't take it anymore. I've been here nearly TWO months, paying quite a bit of money for rent/utlities AND various maintenance stuff (re-painting, cuz the walls are covered in pet hair, cleaning of carpets, professional cleaning of unit) and paying all of that out of my pocket, only to have the window fall down on me, the washer/dryer die in the middle of a cycle, no cold water to cool down the scalding shower, torn screens, bugs, and I'm about to lose my marble!
What are my rights in this case and what do you all suggest?
I knew you had a crappy LL when he charged you for replacing the carpet. He should have gone after the previous tenant for damages they caused - not his current tenant. It also should not be your responsibility for arranging repairs beyond contacting LL and allowing the repairmen to enter the unit.
You are just unlucky with this one, OP. I think the type of LL you have is in the minority.
You should document the problems to provide "cause" for breaking the lease and you need to re-read the section of the lease pertaining to Landlord's obligations and liability in the event breaking the lease. you will likely lose your deposit but most landlords are not going to pursue taking you to court.
Honestly, you should have noticed those things prior to move it - esp the smell or condition of the unit given all the issues you state. You don't sound like a very good tenant.
I knew you had a crappy LL when he charged you for replacing the carpet. He should have gone after the previous tenant for damages they caused - not his current tenant. It also should not be your responsibility for arranging repairs beyond contacting LL and allowing the repairmen to enter the unit.
You are just unlucky with this one, OP. I think the type of LL you have is in the minority.
I sent the LL an email, restating all the things that need fixing here that haven't been addressed for a month and how I'm tired of chasing down workmen to hire to fix them. He sent a reply back that he's flying up here to take care of "as much as I can"...whatever that means.
Strangely enough, he also wants to change the locks but he didn't say why. We'll see what he does when he's here, though he doesn't have a roster of local workmen, either, so I'm not sure what his being here will accomplish if he doesn't have anyone to fix things.
But we'll see. I'm so fed up with all the problems...and now, yes, bitter over the increased rent I agreed to to get the carpets replaced, when I wasn't the one to damage them. Ridiculous.
You should document the problems to provide "cause" for breaking the lease and you need to re-read the section of the lease pertaining to Landlord's obligations and liability in the event breaking the lease. you will likely lose your deposit but most landlords are not going to pursue taking you to court.
Honestly, you should have noticed those things prior to move it - esp the smell or condition of the unit given all the issues you state. You don't sound like a very good tenant.
Clearly, you didn't read what I've written...so never mind.
Your first step would be to send a certified letter with return receipt to the landlord with your list of things you would like fixed. Email means nothing in court. Give a reasonable deadline, like a couple weeks.
As long as you are paying rent your landlord can duck your requests all he wants. See what your lease says about not paying - is there a part about the landlord suing for the entire term's rent?
From what you describe though your best course of action may be to agree to mutually terminate your agreement and move somewhere else.
I've been here before addressing an issue with a place I moved into end of March this year with many issues, starting with smelly carpets that made it impossible for me to breathe. Having spent weeks and weeks on the issue with the LL, we came to an agreement that I pay a higher rent in exchange for getting the carpets replaced.
Well, things have changed since then. The carpets were replaced, and they only helped 50%. As the carpets were being installed, neighbours stopped to be nosey but also shared with me that the previous tenant had TWO cats, a dog, and ferret, likely without the LL's knowledge. This is a no-pet rental, and had I known that there were cats in here, I'd have NEVER rented it. My allergic reaction to cats is basically...above and beyond; I stop breathing and break out in massive hives.
So anyway, carpet changing only helped a bit. But the place still smells of cat urine (which is what I'd said all along, before finding out there were cats in residence here for 2 years prior.
Since then, the unit has had a SLEW of other problems: failing washer/dryer, piping problems, leaking windows, leaking pipes, leaking toilets, no cold water (shower is scalding hot), FALLING windows (on a very windy day, and the window cracked down the middle and fell onto the floor!)...and since the weather warmed up, there are SO MANY BUGS: spiders, creepy crawlies and things I couldn't even NAME.
Trust me, if you saw this place, you'd think it's a fairly nice place. It shows well, no doubt, which is why I rented it after the walkthrough.
BUT, there is no property management, the LL lives out of state (and has never lived in this property before). He has no handymen/electrician/plumbers/cleaners/etc. on his roster at all. So with all the problems that this place constantly suffers from, it's on ME to find these workmen and get them to do the work right. But wait...you'd think I'd do that and just get it over with, right? Well, I HAVE done, except 1 out of every 12-15 of the people I call actually call back, then they don't want to do the work b/c I'm not the LL and they get weary of going through me to the LL or having an out-of-state LL. How the heck was I to know this was going to be the way it is here? And when I spend 3-4 hours on the phone with different workmen with little success, and days and days of leaking everything goes by, the LL just says, well just keep trying to find someone.
I'm new to this state; I'm not EVEN from around here. I don't know anyone. I've talked to neighbours to ask for help and they're not much help, unfortunately.
So with one problem after another here...and now bug infestation, WHAT DO I DO?
I can't take it anymore. I've been here nearly TWO months, paying quite a bit of money for rent/utlities AND various maintenance stuff (re-painting, cuz the walls are covered in pet hair, cleaning of carpets, professional cleaning of unit) and paying all of that out of my pocket, only to have the window fall down on me, the washer/dryer die in the middle of a cycle, no cold water to cool down the scalding shower, torn screens, bugs, and I'm about to lose my marble!
What are my rights in this case and what do you all suggest?
Thank you.
While I won't go as far as Vacanegro and say you are not a good tenant, I think you are at least kind of naive.
No way you should have agreed to pay for his carpet. You had no responsibility for the damage done, nor do you benefit from having the newer carpet because you don't own the property.
It is your responsibility as a tenant to check out anything wrong with the property before you get completely settled. It sounds like the apartment was inhabitable, in which case. I saw that you did a walk through, keep record of your checklist and when you sent it to the landlord.
At that point you have some type of evidence saying hey these issues existed before I moved in, which removes liability on your part. If you go to court the judge is going to ask, why didn't you notice, at the very least, the carpet prior to moving in? That sheet is going to be your evidence to say see I let him know, I called him and I had carpet cleaners come out.
If you don't mind me asking what county/city are you in? I may be able to get you some information, that will get the government involve because some jurisdictions regulate how landlord care for properties and if they don't keep the property inhabitable they could be punished for it.
While I won't go as far as Vacanegro and say you are not a good tenant, I think you are at least kind of naive.
No way you should have agreed to pay for his carpet. You had no responsibility for the damage done, nor do you benefit from having the newer carpet because you don't own the property.
It is your responsibility as a tenant to check out anything wrong with the property before you get completely settled. It sounds like the apartment was inhabitable, in which case. I saw that you did a walk through, keep record of your checklist and when you sent it to the landlord.
At that point you have some type of evidence saying hey these issues existed before I moved in, which removes liability on your part. If you go to court the judge is going to ask, why didn't you notice, at the very least, the carpet prior to moving in? That sheet is going to be your evidence to say see I let him know, I called him and I had carpet cleaners come out.
If you don't mind me asking what county/city are you in? I may be able to get you some information, that will get the government involve because some jurisdictions regulate how landlord care for properties and if they don't keep the property inhabitable they could be punished for it.
Wow, sorry, I didn't get any notifications until now about this reply!!
It's now 3 months later, I'm STILL in the unit and all the same troubles continue in different variations.
I will say, the LL has shelled out a LOT of money to fix things in this place and for that, I feel badly for him. However, he also is a poor decision-maker. Recently, the a/c was crapping out (it's 19 yrs old). I was okay with living with it until the summer ends, because I hope to leave this unit come the end of my lease (March 2016). Well, some charlatan HVAC mom/pop guy convinced my foolish LL to spend 80% of the cost others were quoting him for the "same" new unit. He paid half of the price upfront and then we waited...and waited. The guy disappeared on him for EIGHT WEEKS (since beg of July!!). and I kept telling the LL, look...just contact your CC company, get your money back, sue this guy, and I'll live with this half-arsed a/c until September. But no, he's more prone to salesmen tactics and insisted this was a good deal.
Fast forward to this past Monday and the a/c install is a mess. I have NO a/c, whereas before I had a rickety (but mostly working, sooty) unit. And the LL keeps texting me to contact this/that person, arrange this/that appointment and finally today I lost it. I told him I don't WORK for him, I'm not his property manager, and HE needs to finish the mess he started.
It's gone on for THREE days, while I'm missing work hours (I work from home)...because I'm busy following his directives. But by tonight, I'm REALLY thinking of breaking my lease, there is so much documentation, it's ridiculous. I've been patient, I've tried to work it out with him, I know he's tried (but I'm also paying for his new carpets??!), but he's miguided and doesn't listen to the right person.
So I've already told him I'm 99.9% away from breaking my lease. He can decide on it tomorrow.
By the way, I'm in Northern Virginia, Loudoun County.
What are the specifics in your lease about these types of things? I am a landlord, and we live about 200 miles away from the property now. Our lease specifies that the tenant contact us to let us know if something needs to be repaired, then they can get it fixed, and we will reimburse them for it. We also have a $100 repair deductible written into our lease (minor repairs under $100 are the tenant's responsibility). I know when they had to have the oven fixed, they worked with the repair company, and the repair company just called us once to make sure we were aware and confirm the tenant was authorized to have the work done. It may be inconvenient and frustrating for the tenant to have to do these kinds of things, but if you signed a lease written that way, then you may have less of an argument for breaking the lease.
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