Apartment in poor repair at move-in (cheap apartment, lease, to live)

[jennem]

My cousin just leased an apartment. At the time of the lease signing, the apartment was filthy--dog hair, etc.--and had peeling paint and a crack in the bathroom wall. The agent told them in writing, via email, that the place would be cleaned, repainted, and the crack repaired prior to move-in, and that part of the $1000 fee they paid her would go towards that.

Today they went to move in, and the place is exactly the same as before--right down to the dirty band-aid on the bathroom floor. They cannot reach the agent, who is on vacation, and they don't have any contact for the actual owner.

The place isn't livable. What can they legally do?

[Mr. Klato]

Originally Posted by jennem

My cousin just leased an apartment. At the time of the lease signing, the apartment was filthy--dog hair, etc.--and had peeling paint and a crack in the bathroom wall. The agent told them in writing, via email, that the place would be cleaned, repainted, and the crack repaired prior to move-in, and that part of the $1000 fee they paid her would go towards that.

Today they went to move in, and the place is exactly the same as before--right down to the dirty band-aid on the bathroom floor. They cannot reach the agent, who is on vacation, and they don't have any contact for the actual owner.

The place isn't livable. What can they legally do?

Take pics of the place. Ask for a reimbursement if you get a cleaning company to fix it. Try to Contact the Super and ask the tenents in the building for other contacts.

[SUPERCHIC]

Your cousin should have called and looked a few days before to make sure it was in livable condition. COMMON SENSE!

[jennem]

Oh, I know it's common sense. But she's 22 and was away on vacation. Believe me, I told her she was an idiot to not insist on a walk-through. I would have done it for her while she was away. But she wants to be "independent." Until something goes wrong and then I get the phone call.

[SUPERCHIC]

you can still pick up a phone when you are on VACA.

[nightcrawler]

Originally Posted by SUPERCHIC

Your cousin should have called and looked a few days before to make sure it was in livable condition. COMMON SENSE!

seriously, your right...or even let a friend look at it since the cousin was on vacation.



I guess your cousin will have to chaulk it up to live and learn.


or just clean it yourself, it really isnt that hard.

[jennem]

Originally Posted by nightcrawler

seriously, your right...or even let a friend look at it since the cousin was on vacation.



I guess your cousin will have to chaulk it up to live and learn.


or just clean it yourself, it really isnt that hard.

Thanks, we are aware of all this, so it's really not particularly helpful.

Yes, she can clean, but no, she cannot repair a cracking plaster wall or repaint.

Any useful suggestions/advice appreciated...she knows she was stupid, she knows she can clean, but now she needs to deal with the situation in a legal way and get what she paid for.

[jcoltrane]

Originally Posted by jennem

My cousin just leased an apartment. At the time of the lease signing, the apartment was filthy--dog hair, etc.--and had peeling paint and a crack in the bathroom wall. The agent told them in writing, via email, that the place would be cleaned, repainted, and the crack repaired prior to move-in, and that part of the $1000 fee they paid her would go towards that.

LOL! The Agent lied! Why the heck would the Agent's fee go to fixing an apartment that the Agent does no own and has no financial interest?

Stupid!

Today they went to move in, and the place is exactly the same as before--right down to the dirty band-aid on the bathroom floor. They cannot reach the agent, who is on vacation, and they don't have any contact for the actual owner.

The place isn't livable. What can they legally do?

Un-liveable? Sounds purely cosmetic to me. Which means it is liveable, just not 'broom clean', unless there is truly something unsanitary.

As someone suggested, contact the Super! The Agent's job is really done once you signed the lease.

The thing to comprehend is you rented a REALLY cheap apartment. How cheap depends o the location. Your expectations may exceed the reality of what you can afford.

Anyway, have you checked your lease? In it s/b the contact information of the LL or his Agent (not the realtor!).

TAKE PICTURES!

You can clean it yourself. Hire someone, but the cost BETTER be reasonable. Move in and deduct a reasonable amouunt from the rent.

Or, refuse to move in, which is the better option, until the circumstance is resolved within a reasonable period.

Inform the LL, the Super and/or his Agent (not the realtor!), in writing, certfied, return reciept and/or email.

[nightcrawler]

move somewhere else, this is already a bad indication of a bad LL.

I look in my crystal ball and see a lot of problems in the future....

but really, find another place, it does seem like one big headache now.

[barkomatic]

I think your cousin should create a profile for this forum and ask these questions herself. She's 22 and should be able to take care of her own affairs.