New apt is a nightmare please advise! (Atlanta, Druid Hills: apartment complex, leasing)

[MunchkinSiren]

Hello all,
I just moved here from Chicago about 10 days ago. My apartment is a nightmare and I need advice about how to deal with this. Here are the facts:

-I had to move in one week late (paid for my own hotel) because they were "cleaning" my new apartment.
-when I signed the lease, it was very appearant that the model I saw back in March was not in any condition this apartment I was given was. Ie-different cabinets, entire set up, etc.
-mold in bathroom
-bug infestation (the lease agent saw this and told me to spray but we are at about ten different species of bugs- 2 types of spiders, centipedes, silverfish, crickets, roaches, etc)
-every day I wake up and come home to a puddle of water in my bathroom (corner of tub and wall not near toilet)
-the air conditioning being on causes the hallway to also have a puddle which has now flooded into the carpets in bedroom and living room.
-there is no maintenance person or emergency service to contact on the website or lease.
-they won't be open until Monday morning.
-bubbling in laminate and in walls
-ceiling fan doesn't work
-oven doesn't work


Please help me-my lease states nothing of importance only mentions a pet policy, if I damage the plumbing I have to pay $125, the fines for breaking community rules, pool regulations, evictions and so forth. Nothing about maintenance or emergencies.

I just moved here-I know Monday morning I have to talk to the manager but what are my options? What can I legally demand for? (In Chicago one of my apartments had a mold problem which wasn't discovered until Comcast had to drill a hole and mold came sprouting out and after contacting health department our apartment was treated and we didn't pay rent for 2 months ) so wondering what steps I can take and what could be done to fix this? No idea what the housing laws are here.

-this is a community not private landlord
-located off Buford Hwy just north of Druid Hills.
-I paid no security deposit

[ATLTJL]

Break your lease and move to another complex.

Any one of the professionally managed decent apartments shouldn't have these problems. And you learned a few lessons on what kinds of questions to ask (models often have nicer finishes than the apartment you will rent, always ask to see the exact unit you are renting).

If there is mold and other health issues, photograph them and demand to be let out of your lease. Threaten to turn them in to the health department if they don't. You can't do anything legally because you have to give them a chance to remediate first. They probably do have emergency maintenance, it just isn't listed on your lease so you have to ask about that. A water leak counts as emergency maintenance most places.

The best thing to do might be to find out who actually owns the building and contact the corporate office, if they have one. I'd say the best thing to do is to cut your losses and just break the lease. If they demand a penalty, pay it, but tell them you'll be filing a claim in DeKalb county magistrate court to get it back. Then go file the claim. Just make sure you have photographic evidence to back up your claims.

[magnetar]

Originally Posted by MunchkinSiren

I paid no security deposit

You're free to go, so find a new place! If they tried to make a legal claim against you for breaking the lease, which is unlikely if they're slacking off that hard on managing the property, just take copious pictures so you've got documentation of how bad the conditions are. You don't have to stay in a place if the apartment they move you into doesn't match the one that you chose when you signed the lease.

[Tryska]

Did you not do a walkthrough before signing? Any complex I have lived in has always done a walk-through with a signed checklist before releasing keys.

But that usually has to do with ensuring the condition prior to move in to cross-check on moveout so you can get your deposit back. So maybe that's why no walkthrough for you.

[LovelySummer]

Do not select another apt complec that does not require a security deposit. That is suspicious.

[brook2ga]

To add...see the actual apt you will be renting. good luck!

[MunchkinSiren]

Hi all,
There was a walk through but no check list. It was more so her saying okay we cleaned the carpets and provided a new dishwasher. I wasn't able to learn about the air conditioning not working in the bedroom or causing leakage in hallway or living room until I had lived here. There wasn't pooling water in bathroom at the time. I'm on my way to the leasing office now to see what they offer to do. The lease states I can terminate my lease with 60 day notice and one month rent. The corporate management is Star Residential. I wasn't able to see the unit I would be renting at the time because they said they were at capacity and only had the model.

I was told when I visited the apartment there was an administration fee and application fee, security deposit was based on credit so I was approved for no deposit apparently. My first apartment a few years ago in Florida also required no deposit after a deposit so i didn't think it was strange with good credit to pay nothing.

[MunchkinSiren]

No deposit after a credit check*

I just called the health department too to inquire about getting the under of carpets and inside the walls checked for mold-again I'm assuming if it tests positive it'll be easier for us to leave without needing to pay fees or a ding on my credit assuming they would file saying it was an eviction or something stupid. They said the health dept would call in 7 to 10 business days to schedule a home visit.

I'm without a car and was from out of state so when this complex compared to the others I found on marta in my price range was the only to come up with no bad reviews and the fact that I viewed the model back in Feb for a May move in I didn't think it was far fetched for there to be no open units to look at in the middle of the month. Furthermore a lot of the companies/complexes I called just simply had no availability or wait lists.

I'm looking into other complexes I could move into with reasonable Marta accommodations. I knew this wasn't the best option in Atlanta, but I figured let's save money on rent for a year and get our bearings and buy a car and in a year we can move into an area we like and work from there.

[MunchkinSiren]

My apartment complex company ripped up the carpet padding and cleaned the carpets and assured me that the carpet would dry in one day. It is about to be Thursday with still damp carpet and no new padding. Today, I had some random man who I wont describe unlock my apartment and when I said who the beep are you he ran out I called the complex they have no idea who he was or how he had a key so clearly they didn't change my locks. I bought new locks but this is a nightmare. Still no call from health department. With ALL of these issues can I move out scotch free regardless of the lease demanding 60 days notice and one months rent upon departure? I don't want a bad mark on my credit for not abiding by that rule-But this is kist crazy.


PLEASE ADVISE.

[bornjacksonian]

Originally Posted by MunchkinSiren

My apartment complex company ripped up the carpet padding and cleaned the carpets and assured me that the carpet would dry in one day. It is about to be Thursday with still damp carpet and no new padding. Today, I had some random man who I wont describe unlock my apartment and when I said who the beep are you he ran out I called the complex they have no idea who he was or how he had a key so clearly they didn't change my locks. I bought new locks but this is a nightmare. Still no call from health department. With ALL of these issues can I move out scotch free regardless of the lease demanding 60 days notice and one months rent upon departure? I don't want a bad mark on my credit for not abiding by that rule-But this is kist crazy.


PLEASE ADVISE.

What else would you like someone to advise you on? If common sense doesn't tell you to get out of there after all you've been through with the apt mngt, and when a guy walks in your apt while you were inside, I don't know know else we will be able to tell you.