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I am currently deployed to Iraq. During my deployment my family moved to a new home. I being overseas signed the lease in advance because I needed to get it through the mail system in time for my wife to receive it to get all the paper work done. She in turn would sign the lease after all was said and done. Prior to that my wife saw the place and loved it. So we decided to pay the application fee and get a lease drawn up. My wife requested numerous times for an inspection and it kept getting delayed, at the same time my lease at my current residence was expired and I was paying an extra $200 going from month to month. Finally an inpection date was set for 3 days prior to moving in, but at the last minute that was cancelled the next available date would be the evening prior to moving in on which the lease needed to be signed and the deposit given. In good faith we did. However we could not have the electricity and water turned on until we had a copy of a signed lease. After a few days my wife found numerous problem with the premises. She took numerous pictures and gave it to the leasing agent and received a reciept from them. I want to know if I can get out of the lease if the landlord fails to repair the premise and can I get my deposit back. My problem is in the lease it states "Premise as Is" but it also states LL is responsible for major repairs to the structure and appliances. We have leaking pipes (water wasn't on during inpection). Any help would be greatly appreciated
A LL, in accordance with most state landlord/tenant laws must complete habitability issue repairs such as leaking pipes. lack of water, heat, etc. "within a reasonable time period" and such repairs need to be addressed in writing to the LL. Google, "(your state) landlord tenant laws" and read up, and have your wife document what needs to be done both in accordance with your lease and state laws in writing and sent return receipt certified mail to the LL/property manager and go from there. Good luck!
"as is" is a disputable term. In any case, if there are issues that need to be addressed, that clause has no bearing. Check the lease and make sure it states who is responsible for repairs. Generally, the tenant is responsible for minor maintenance. Leaking pipes is NOT minor and the LL should be the one responsible.
As previously stated, send a certified return receipt letter to the prop. manager or LL, whoever is responsible for management of the property. Give the LL/manager 10 days to fix.
As for state laws, look up tenant remedies for holding back rent, or deducting costs.
Also, see if your wife can find an agency on the local base or a local civilian agency that helps deployed service people's family's with housing problems.
Thank You All for the responses and suggestions. My LL is fixing my problems. Although it took a little pushing and posturing. Family is very content with the situation now. Thanks Again!!
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