false information from landlord (apartment, lease, tenant, evicted)
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Can anyone please help me with any information about what responsibilities a landlord has concerning information about their rental units?
My fiancee and I entered into a 5 month summer rental in vermont and were told the unit had a queen bed and have this information in writing from the landlady.
When we arrived we were quite upset to see a full size bed far too small for my 6 foot 3 inch 230 pound body let alone the both of us. We were also told by our landlady that everything we would need was in the unit except for sheets for the bed so we would have to purchase our own. Because this was our first apartment together as a couple we purchased some very nice and rather expensive sheets for the queen bed we were told was there and obviously they did not fit. The only piece of furniture even close enough to big enough for us to sleep on was a futon and we had to purchase a tempur-pedic mattress cover to make this futon barely comfortable to sleep on.
Do we have any legal recourse against the landlord?
The situation was compounded by her telling us the unit was professionally cleaned before we moved in yet we arrived to find levels of unhealthy filth that were hard to believe. I took photos of the filth.
I had a nice travel bag that I stored under the small bed after I unpacked and when I took it out when we were ready to move out it was completely covered with mold. Further proof that the unit had probably never been professionally cleaned.
Lastly, my fiancee was electrocuted in the unit through a power strip provided by the landlady that when I researched the brand and serial # was made in 1995. The landlady never asked me or her how she was afterwards and actually defriended her on facebook immediately after the incident.
Thank you for any help or information!!!!!
Despite what you have in writing and the photographs you took, the problem is that you apparently continued to live there for the five months agreed to. What you should have done when you found that things weren't as represented was immediately notify the LL in writing and give her 5 days to remedy (at least have the place properly cleaned and a queen bed installed). Or you should not have moved in, found another place to stay and (if she wouldn't reimburse you) taken her to Small Claims court, suing for return of rent and deposits and for a short-term rental until you were able to find somewhere better.
Since you continued to live there I don't think you would have much of a case to seek redress from her now.
It sounds like you rented this place sight on unseen (never a good idea).
When you arrived and saw it wasn't as advertised, you didn't bother to call the landlord, but moved your stuff in and stayed. By doing that you accepted the unit, as is, and can't go back and expect some sort of monetary recourse, because you never the gave the landlord a chance to remedy the situation.
Posts like this often occur when a tenant is having "differences" with the landlord over rent payment(behind on rent or getting evicted ) . Then the tenant starts to mud sling everything against the landlord.Not saying this is the case with you OP, but are there some other issues going on with the landlord?
Do you owe landlord money for unpaid rent? Was there a 1 year lease?
^^^ He said a five month summer lease was entered into and his post seems to indicate (viz the bag stored under the bed being moldy when he removed it when they were leaving) that he was there for the duration. PTRSD (post traumatic rent stress disorder) way too long after the fact! He had the steak and ate it ...
Landlords are not your friends and I don't think they should be FB friends!
You should never have moved into the place with unacceptable sleeping arrangements or dirt; you should have immediately phoned the LL and told her/him that you would stay in a hotel until the place was clean and the bed promised was there and you would need to deduct the hotel stay from days charged at the rental. It sounds like the futon was Q-sized and that was the LL's "out" on that topic.
But "should haves" rarely give remedy. Remedies need to be in the "now" and not in the "past."
Wow, you absolutely have a good case if everything is as you described. With the pictures and the proof from the LL in writing you have a clear and easy case and the best thing is to write a certified letter asking for compensation for the cost you made and perhaps a deduction in the rent you paid. If you stayed the full 5 months you will not be able to get the full rent back since you were able to use the rental but with less comfort. The place was dirty and you should get some cleaning expenses back.
Quote:
Originally Posted by jyrs
Can anyone please help me with any information about what responsibilities a landlord has concerning information about their rental units?
My fiancee and I entered into a 5 month summer rental in vermont and were told the unit had a queen bed and have this information in writing from the landlady.
When we arrived we were quite upset to see a full size bed far too small for my 6 foot 3 inch 230 pound body let alone the both of us. We were also told by our landlady that everything we would need was in the unit except for sheets for the bed so we would have to purchase our own. Because this was our first apartment together as a couple we purchased some very nice and rather expensive sheets for the queen bed we were told was there and obviously they did not fit. The only piece of furniture even close enough to big enough for us to sleep on was a futon and we had to purchase a tempur-pedic mattress cover to make this futon barely comfortable to sleep on.
Do we have any legal recourse against the landlord?
The situation was compounded by her telling us the unit was professionally cleaned before we moved in yet we arrived to find levels of unhealthy filth that were hard to believe. I took photos of the filth.
I had a nice travel bag that I stored under the small bed after I unpacked and when I took it out when we were ready to move out it was completely covered with mold. Further proof that the unit had probably never been professionally cleaned.
Lastly, my fiancee was electrocuted in the unit through a power strip provided by the landlady that when I researched the brand and serial # was made in 1995. The landlady never asked me or her how she was afterwards and actually defriended her on facebook immediately after the incident.
Thank you for any help or information!!!!!
Wow, you absolutely have a good case if everything is as you described. With the pictures and the proof from the LL in writing you have a clear and easy case ...
I disagree. It sounds as though nothing was in writing other than that there was a queen bed in the place. Unless they specifically brought this to the attention of the LL and asked her to provide the described bed and gave her reasonable time to replace that which was there they have no case at all. Had they not moved in they would probably have had a case for the return of their security deposit and prepaid rent - but they did move in and continued to pay rent which constituted accepting the place "as is".
Yes we have the queen size bed stated in writing. We also have in writing that the unit was professionally cleaned.
The only reason we stayed was that at that point in time she had $1500 of mine and I could not afford a first month and security deposit on another apartment so financially we had no other choice.
We did bring these to the landlady's attention and her response was that none of her previous tenants had ever complained about the bed and she told us again she had the unit professionally cleaned. We told her the floors were quite sticky and the unit was smelly and my fiancee asked her if anyone living there before had a cat. Her response was no which was interesting as in the pictures she sent us of the unit there is clearly a cat sitting on the bed.
The landlady was a member of the golf club I was working at and my boss asked us not to raise a stink about the situation and he heavily enjoined my fiancee to not pursue legal action immediately after she was shocked in the unit.
The only money involved in the situation is the utilities bill which I have not paid as it is double what she predicted they would be and she has failed to show us any of the bills.
Last edited by jyrs; 12-02-2013 at 06:11 AM..
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