Real Estate/Lease Advice Needed (vents, documentation, appraiser, sale)

[mommy_coop]

Where to start?

My fiance and I recently split up and I was suddenly in need of more affordable housing for myself and my son- and quick. I saw an ad in the paper for this suitable "apartment" for rent and it was something I could afford, even better. I show up to view the place and the adult daughter of the owner is the one present to show us the apartment. She gives us the details. Its furnished, utilities are not included but will be kept in the owner's name and divided three ways, as there are three units. All of which will have 2 occupants. She said the unit included a washer/dryer. She assures me also that I will have access to DSL. This is very important because my college classes are online. I stressed this to her. I also stressed to her my urgent need for housing and lack of ability to pay the deposit right away. She said it would be fine to just give her the rent and a post dated check for the deposit the day we sign the lease, which was to be the day we moved in. This was PERFECT!

I moved in on October 15th. I gave her (still the daughter - it would be weeks before I ever met the owner) the rent check and post dated check for the deposit. She said she was having printer troubles and would provide me with the lease the following day. I didn't hear from her for 2 weeks. The rent check wasn't cashed for two weeks either. However, two days before the date we had agreed would be ok for her to cash the post dated check - both checks came through. This caused my account to overdraft, as she had been warned it would if she cashed the deposit check early.

When she (still the daughter) came to ask me about the bounced deposit check, she also brought the lease. Which was for 12 months with no ability to leave early, even with proper payment and notice. The lease described the utility arrangement as follows: I would be required to pay a set amount for electric, water, and gas. The owner had apparently decided what "a third" was ahead of time. Even if the usage was less than that amount, I paid the same. However, if the usage bill was higher....I pay more. Also, I am required to pay $40.00 per month to use the washer and dryer. This is not optional. Even if I never use it, I pay $40.00/month, in addition to the water and electric. During the two weeks I waited to see this lease, I discovered that only two of the units were occupied by two people. The owner's unit had 1) the owner 2) her adult daughter 3) her teenage grand-daughter 4) adult grandson 5) (NO KIDDING) seven dogs 6) and an iguana, whose enclosure used heated rocks and special lighting, etc. So, I brought all of this up and she (still the daughter) said if I didn't like it I could move out. She knew this wasn't an option. I couldn't afford it. She already had my money and had bounced my checking account. I had already given up my old place and had been living here for weeks now. So, I signed the lease. I didn't really have a choice.

I finally meet the owner....

One day, as I left for work I decided to leave my porch light on. I knew I would be late getting home this particular day and It is very dark where I live. I didn't want to be alone, with a baby, fumbling for my keys to get inside. Reasonable, right? Apparently not. I get home and it has been turned off. I go next door and ask why. The owner is finally there to tell me that she doesn't see why it needs to be left on all day (this was one day, not all the time). I pointed out that I am over paying for electric as it is, I'd like to be able to use it. She said she'd have her grandson install a motion detector light and that I can't receive mail at this address. WHAT!?!?

I had already had my mail forwarded. It was all being returned to sender because she has too many people receiving mail at this address. Remember I told you there are three units? ONE ADDRESS. One. No unit numbers/letters. One address.

This also explains why the telephone company was so confused when I called them. There is ONE address. They already had record of four phone lines in two different account names and were totally confused. I had no phone. Which is bad enough, but this means no DSL, which means no class. I had to pay to have a phone line installed into my rental unit. Remember, I moved in on Oct 12. I had NO phone until Nov 28. I had to miss work and pay to have it installed. She doesn't think she should have to reimburse me for this.

It gets worse! While the technician was installing my phone line, I had to make a call and I asked to use the owner's cordless. I am standing there dialing the phone and one of her seven dogs runs at me and bites me on the leg even drawing blood through my jeans. The technician saw this happen. I was reasonable, I didn't have the dog quarantined or make a huge deal of it. But I did have my Doctor take a look and he asked me to have her fax him shot records. I gave her the fax and he never received them.

I could go on and on about the grandson shooting armadillos just feet from my son's bedroom window, etc. It's really bad.

Long Story short,

I looked up the property records on this house. It is a "single family" house with two bedrooms and two bathrooms. It is zoned as "OUE1". I looked this up. This means "Open Use Estate, 1 unit per 5 acres". AH HA! This is why I don't have an address, can't receive mail, and had to have one phone line installed to one jack in my "unit". The county has no idea she is renting these places. They don't even know these extra units exist. Which means she had no building permits.

Am I required to satisfy this asinine lease? Can she sue me for the remainder of it if I leave? Will she win (I have proof, videos, documentation, or witnesses to everything I have claimed, except for what the daughter originally told me 2 weeks before I signed the lease. But I do have proof that I moved in 2 weeks before signing it)?

Can she even have a valid lease on a rental unit that doesn't legally exist?

Thanks,
Erica

[mommy_coop]

Also, I should add that two weeks after I moved in and was presented with the lease, the daughter informs me that I am required to pay for the utilities upfront. With the first month's rent, which I had already given her weeks ago. This is stated in the lease as well. So rather than waiting until I had actually used some of the electric/water/etc, I was expected to pay it with rent every month.

[sunrico90]

Moved per coordination with the member.

Thank you

[SoFLGal]

To the question, can she sue you. The answer is yes. Anybody can sue anybody for anything. The question is, will she win. Most of the questions that you have asked would be best suited for a real estate attorney.

If the property is zoned for single family and it is being rented out as multi family, that would be a code violation and she could be fined or required to return it back to it's original state. There could be the possibility of the home/triplex being grandfather in under a previous zoning. The only way to know this would be to call your local property appraisers office and ask them these questions.

Any technicalities on a lease and how they stand up in court would have to be answered by a real estate attorney.

[sunsprit]

If, in fact, the property address is zoned "single family" use, then your landlord is in violation of the zoning and your lease is not valid.

It appears that the "owner" is aware of the violation because of her actions re your mailing address, etc.

While nothing prevents the owner from suing you, the owner has got to satisfy the courts that the lease was valid and legal from the outset. If there was a "grandfathered" multi-unit apartment basis for the property, the variance would have shown up in the zoning report as a non-conforming exclusion for the property. A truly legitimate multi-unit zoned building would have meters for each unit for the utilities, too.

So, IMO ... and keep in mind I'm only a "seasoned" rental property owner (and a former licensed realtor), not a lawyer ... your landlord owes you a prompt refund of any monies collected in advance, your damage deposit, and a release from any future obligations.

I also believe ... if push came to shove ... that your landlord has damaged you by causing you the need to make another move, if you need to do so because of their inappropriate lease/property rental. Should they sue you for "breaking" the lease, I believe you'd have a great countersuit for damages they've caused you. Of course, an attorney will be best able to advise you of the situation.

[DMenscha]

Consult an attorney. Any advice to the contrary is suspect.

[garth]

It's attorney time. I betcha' you'll prevail, but let an attorney tell you that.

[Brandon Hoffman]

Agreed, consult a real estate attorney. It sounds like the landlord has violated several ordinances/ laws but check with an attorney for the answer. Make sure it's a REAL ESTATE ATTORNEY.

[mommy_coop]

I have contacted a real estate attorney and am waiting to hear back. I just wanted to hear whether you guys thought it is legal for her to rent this place, when the unit doesn't really exist. It has been a such nightmare living here. I already have plans to leave and have found a place - a real one with an address and everything! lol. It gives me great pleasure knowing that I didn't turn out to be the fool she counted on me being. That I didn't let her scare me into putting up with her nonsense just because of a lease that isn't worth the paper its written on.

[mommy_coop]

I should add that this place is for sale (and listed as single family). As soon as she sold it I would be out on my butt and she knows it. The lease was only there for HER benefit. She figured it would have power as long as I believed it did. She counted on my being ignorant.