Please help. Renter’s rights and building inspections. (apartment, lease, tenant rights)

[c_o_l_e]

My girlfriend moved into a new apartment about a month ago with a friend. The building is very old but they like the location and the layout. The landlord was quick in giving them the keys but 1) the carpet was not cleaned 2) broken glass on the kitchen floor 3) missing bathroom tiles and the water in the tub doesn’t work 4) a leak in the bathroom ceiling 5) no air conditioning. 6) the inspector has not been there. They started moving their stuff in (July 10th) and paid the full month’s rent since it was promised that this will be fixed in a timely manner. The glass was cleaned up within a week. The inspector ok'd it in a week. They had to clean the carpet themselves and get reimbursed. It took the landlord 3 weeks to get the AC put in when he promised it would be there two weeks ago. The bathroom leak and tiles still need to be fixed to this date.

Here’s the kicker. Last week their place was broken into. It was an unforced entry and the police says the perpetrator came in through the dinning room window (mud stain on the carpet) and then out the back door. It turns out the window lock was not properly installed and one can easily open the sliding window from the outside (they live on the first floor). The lock is now fixed but the girls are still in shock and would like the landlord to do a few things to make them feel safer.

Here are the ideas they came up with: 1) motion lights by the main entrance. As it is now, the front of the building is very poorly lit. 2) Bar up the windows. This makes the most sense since the kitchen window already has bars on them. The landlord refuses because of aesthetics and says he only put bars on the windows where someone can “conceivably come in” like in the kitchen…but some DID COME IN THROUGH THE DINING ROOM WINDOW…he responds with “that’s never happened in 25 years”.

I would just like to know how a place like this passed inspection in the first place, and what their rights are as tenants when it comes to stuff like this. I was informed that the landlord is friends with the inspector, is there a way to have another inspector come out to take a look? There’s a railway missing outside and the main entrance is really dark at night. And, there place was broken into because the lock on the window wasn’t even installed correctly in the first place. All this added to the landlord being very uncooperative, I would like your advice and suggestions on this matter and what their rights are as tenants in this situation.


Thanks.

[aragx6]

I'm going to move this to the renting forum. the people there are very knowledgeable about this sort of thing, and I suspect you'll get far better answers there.

[ESFP]

To get this out first, let me say that the break-in was from someone who knew where to enter. Otherwise, why not enter through back door, as it appears that the exit was prepared, too. Now, for the question... As a landlord, I never rent to someone in a hurry. The same would go for a landlord too eager to rent, I guess. You now know that you must get everything in writing. If it's not written, it didn't happen. All real estate works like that, be glad you're renting instead of buying. All else is hearsay and inadmissable in court. The homeowner is obviously inexperienced in renting, as was your girlfriend. As an experienced landlord, I know every inspector, real-estate lawyer, etc., but they also have their license on the line. If you think fraud, contact a lawyer to see if the original inspector lied. Then follow his advise from there. Your dilemma is very common. Don't be embarassed, live and learn. Real estate is an extremely complex and serious prospect. Always be cautious.

[c_o_l_e]

Thanks for the reply. I agree they signed the lease too quickly and trusted the landlord to fix everything in a timely manner. Obviously, the landlord was quick in renting the place out because it puts money in his pocket. As soon as the lease was signed, the girls began to wonder when they should move in or whether they’re responsible for rent if the inspector hasn’t been to the building. Is it even legal for the landlord to charge rent for that week?

It is unfortunate that the landlord is quite scatterbrained and gives the girls a runaround on the repairs. I have advised them at this point to submit every request in writing in addition to just calling him. I will need to check the lease to see what exactly the landlord’s responsibility are; my guess is that he’ll just do the bare minimum.

Regarding the break-in, because the lock on the window wasn’t installed properly, I feel the landlord or the inspector is somewhat at fault. I’m not asking him to replace what was stolen, but I’d like him to at least admit his oversight and then do something to make the unit safer. It sucks that after the incident, he’s being defensive about even the idea of putting up some lights outside.

If I were in this situation, I would learn my lesson, say goodbye to my deposit and move, but the girls are in a tighter financial situation. The landlord did offer for them to move to an apt upstairs so they would feel safer. He even graciously offered them the same price for the bigger apt (even when we know he’s charging the guy $100 less right now).

Because it is not feasible for them to get a new place, their options are either to move upstairs, or try to get him to make the first floor “safer.” Given the poor lighting outside, the broken railing, the faulty lock, dripping ceilings, I am curious as to what rights the girls have as tenants and whether we can request another city inspector to check out the building just to get things moving.

Thanks.

[aragx6]

I would totally take the upstairs apt if he's offering it. They're typically far more secure.

[ShaneSA]

Depending on the state laws, you may or may not have a case. Check your state websites on tenant rights and inspection guidelines, that will tell you what to expect. If the laws appear to be in your favor, consult an attorney to decide the next step. Either move to the upper apartment, or move out, or sue the LL. States vary in what is legal and what is required.
In Texas, where I am, there is no requirment for an inspection of an apartment or house before a tenatnt takes occupancy. There are laws and requirements, but they do vary by state.

[johnrex62]

Ditto what ShaneSA says. I am only familiar with Texas laws also and would not expect you to have much on your side in a court with this situation. You might have better luck arguing contributory negligence for an incident which occurs AFTER this one since the landlord is hesitant to put up security lights. There is little reason to find him negligent for an unusual, unanticipated incident such as this. The fact that the locks were not installed properly may or may not have been observable to anyone but a locksmith or security expert. Given that the tenants are not and the landlord does not seem to be knowlegable in this area there can be no negligence.

Texas law puts a lot of responsibility on the consumer when problems can be observed and only protects against the unseeable and things that could be hidden by the other party.

[RussRIK]

The problem with moving all these Renting questions into the "Renting" forum is that laws differ state-to-state, and even county-to-county (or city-to-city in some places!).

If you have a question, please identify your jurisdiction. I'm only familiar with Los Angeles law, but Los Angeles law is tremendously different from elsewhere because of Rent Control...

[c_o_l_e]

Thanks for the replies. I had posted this in the St. Louis, MO forum because the laws do differ from state to state. The mods moved the thread here (with good reason) and thank you everyone for your input. Because the laws are different from place to place, I will read over their lease and try to contact the city and see if we can get another inspector out here.

My goal is not to sue the landlord (I hope it doesn't come to that point), but if the place is not up to standards (with the lighting and his fixing the floor/ceiling), I just want to apply some outside pressure. Of course it sucks that someone broke in, I was more upset by the landlords reactions and apathy in securing his own building.

[aaauger]

Yes, you can ask for a different inspector, since inspection seems to be mandated in your state. If you get resistance from the inspection department, contact an elected official at the same level of government. They are paid to represent you and don't like unhappy voters or bad publicity.

Now the inspector may not mandate extra security measures. But the easiest way to learn what's required re: security is to talk to the inspector. You may have to provide your own security measures. And be sure to have renter's insurance.