Serious Landlord Issues. (lease, attorney, house)

[anonymous85]

I need some advice on how to handle my current situation.

My fiance and I have rented a home in Richland County. There are some personal connections between myself and the property owner but he operates through a property management company. I feel as if I am stuck between a rock and a hard place in this situation but am pretty much at the point of taking it to my full legal right.

When we first looked at the home it was in very poor condition. We were told that the home was being fully repaired as the last tenants had resided in the home for approx. 20 years and during that time was not well maintained. In good faith we accepted the home and eagerly awaited the move in date. The move in date was pushed back by a week at the very last minute, by this I mean the day we came to sign the lease which was the afternoon before our move-in date. We agreed to the date and were compensated with a pro-ration in rent for the first month.

The move in date arrived and we found the house still unfinished and a total mess! This was despite the fact that we were still being told, yes go ahead and move in. We had little option because we had to vacate our previous residence. When we arrived there were tools everywhere, all surfaces were coated in drywall dust, many of the repairs that had been made were not done correctly and a lot of things still had not been done at all. We addressed this immediately and were assured that things would be taken care of promptly. I spent the first 4 days scrubbing down key areas of the home which had obviously not been cleaned in quite some time. The dust had dirt looks almost fuzzy there is so much of it. Nothing, even at this point has been done by anyone except for myself.

After we moved in it was almost 2 weeks before we saw anyone here to fix anything. This includes the large pile of junk in the front yard (right off the porch) that consisted of what they had torn out the house during repairs and trash from the workers. This included nails and razorblades I had to get out of the ground after the removal of the pile by a company the property manager hired for the safety my family. They have finally started fixing things around here but they seem to be focused on the smaller issues and have yet to address the major issues.

It was 3 weeks before they finished the floor in our living room and we are just now able to move furniture into our living room. Our kitchen is almost completely useless. There was initially a huge bug infestation which luckily has been almost completely taken care of mostly by us but they have brought an exterminator in since. The stove/oven is completely unusable, the sink fixtures leaked seriously, the dishwasher drain hose poured onto the floor as it is not connected to anything under the sink and pretty much the only usable appliance is the fridge...which I might add is mine. I was told today that we are kind of in limbo between the owner and property management company because the specific stove size is odd and will be about $1100 to replace. So not to expect anything to be done in short order. In the mean time I have fed my daughter and fiance solely out and from a microwave since we moved in. This is not only unhealthy but also quite expensive.

The other biggest issue is that this 2 bathroom home has only one functional bathroom- the master. The main household use bathroom is first of all so disgustingly dirty I have not let anyone use it and am completely unwilling to clean it, I have shut the door. On top of that the sub floor is so soft I am afraid that by filling the tub with water could potentially cause it to fall through the floor. The toilet is broken and nonfunctional and the only semi-working thing in there is the sink...kind of. Oh but they did replace the exhaust fan...an obvious priority! We have been told that it will get fixed but will take a good bit of time to get it done because it's a big job...

Although there are many other smaller issues these huge issues are my immediate concern. I am going to meet with the property manager later this week prior to paying the rent that is due on the first. I have read the lease and several online forums and have yet to figure out what my rights are. Yes, I know that it is their responsibility. I also think at this point we have surpassed the good faith and reasonable time line on these really large issues. What I don't know is what I can do about it, short of moving out.

I feel that by prorating the rent myself is a fair compensation and will be satisfied for the time being with this solution but I don't think they will go for it. Do I have any rights in which to demand this?

( (# of rooms in home) / (rent) = (rent per room) (rpr)x(#rooms unusable)=(rpr total) (rent) - (rpr total)= (pro-rated amount) )

I feel that due to their disconcern and procrastination I should not have to pay for the full rent since I cannot use the entire house, especially main functional rooms.

Can anyone offer any advice here?
Normally, I would have been all over someone about these issues but because of the semi-familial ties here I am trying to keep my cool. But at this point my family comes first and I am at a loss with how to handle the situation. HELP!!

[creekgirl4life]

You should ask the property manager to come to the property and see your issues and provide a written list of items in need of repair and ask when they will be completed and ask if they can reduce your rent amount until they are completed.
You should seek legal advice regarding your legal rights and obligations.

[oldhousejunkie]

I would see this link for an outline of your rights: Local Tenant Rights, Laws, and Protections: South Carolina

Is there no way that you could move out? I have a feeling that there isn't much incentive for the owner to finish the job since you have already occupied the house.

[Brandon Hoffman]

The lease and state law outlines your rights. In general you are obligated to pay full rent. The tenant has no authority to change the terms, however if you present your desire to the PM they may go with your changes. If the home is need of repair, in general, the lease is voidable by the tenant. Consult with an attorney to find out your specific rights.