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Sorry, OP. Maybe if you had proof that the house was deliberately misrepresented as a single family dwelling, you might have been able to refuse to accept it. But you saw it, took the keys and moved in. I doubt that you will get any sympathy from a judge.
While you were looking at the photos of it, did you ask if it was a single family residence? Did you just assume it was a single family residence?
Check your lease and your state law to see if you can move out by paying a lease breaking fee.
It is your error to lease a house that isn't acceptible for you, so it falls on you to pay the expenses of that error. You don't have to stay there. All that remains is to find out how much it will cost you to move.
I disagree. They show up with a moving van full of stuff and already have all their money tied up in this rental, and can't afford to do anything else but move in until they can deal with it. The LL had them by the... well, you fill in the blank.
I don't believe that a judge won't see through this and reward the LL for a swindle well done.
NoMoreSnowForMe,
Thank you for a well thought out response. I was duped. The house still smells like dead animal. We are living in a 1 bedroom, for all intents and purposes due to this. The landlord misrepresented their home and due to living overseas we are now dealing with the consequences. There are other problems with the property the landlord did not mention and we keep getting surprised with. I would never do this to a tenant myself, as we have property on the other side of the globe and have an agency working for us there.
I understand some tenants just want to complain, but we are not those tenants. We have legitimate problems and I couldn't imagine anyone who would be willing to live under the same circumstances.
- Life sucks in our current home
I'm so sorry. I think you should get out and write a tough letter threatening to take him to court for swindling you, etc., if he doesn't let you out of the lease. Then if he sues, deal with it. Also, learn the laws for getting your deposit back where you are. If he does it wrong, you normally get your full deposit back.
I don't just want to break the lease. I am unhappy because our house smells like a dead animal or worse in one bedroom leaving it unusable.
I want to know if I have rights.
Yes we viewed pictures and the house showed one front door. There was never a mention of another tenant and the house was shown to look like one house. The house looked like the right size for the pictures shown as we were told there was a basement w/laundry and a large attic that "you could use as an extra room" because it had "hard wood floors". That room is also unusable.
I understand we should not have rented Sight Unseen. We can live with the size of the home, the tenants below us, and the lack of the "extra" room. We can't live in a home that smells like a dead animal in one room and sleeping with our 6 year old son for the next year. Any advice would be helpful.
It seems you are unhappy for the mistake of renting without seeing the property and it sounds weird to ask over the phone if it is shared housing since hardly anyone will ask that question without any reason so that doesn't come across as believable.
You made an error and don't like the place for whatever reason and we call that renters regret and you can solve that by talking to the LL and see what you are able to mitigate. Perhaps finding a replacement tenant or breaking the lease with lease break fee.
It is not that you can walk away and don't loose anything. If you have an annual lease than either stay and move after the time is up so it won't cost you much and lesson learned or try to negotiate and mitigate your damages for both sides so you can move and forget about it. Keep in mind you can't just blame someone else for not being more cautious and now stuck with this situation.
People who only blame the other side usually don't solve the issue but make it worse.
OP, DID an exterminator come out to see what the problem smell might be? What was his report and what were his recommendations? If the report was negative for dead animal did you follow up with the LL? What was his response?
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