Misled into renting dirty property -- what should I do? (lease, tenant)
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I just rented a townhouse duplex from a property management company and at first things looked good, at least on the walk through to see the unit (brief). There were some fairly minor things I noticed that didn't prevent me from renting. Since signing the lease I have discovered what I think are some significant "defects" that should have been fixed before they rented it. It turns out there were some stains on the carpet that are urine stains, probably mixing with other smells in the place for a bit of an off-putting odor (doors were open upon viewing). I saw some stains that I thought could be cleaned but didn't know they were urine stains. Some rooms had air-wick odor dispensers which I figured could be removed and at least their smell would go away (probably left by previous tenant), but it seems they covered up some of the other "smells". I discovered the place wasn't properly cleaned -- dirty showers, toilets, inside microwave, etc. that were closed upon viewing (doors closed, lids down, etc.) and not something I'd think to check. I've noticed more carpet stains than I did during viewing. According to the lease, the previous tenant is supposed to leave the unit in CLEAN and "move-in" condition, which apparently wasn't done. My main concern is that there were URINE stains on the carpet, which I consider unacceptable. Some areas also have very quiet "buzzing" electrical sounds perhaps due to a bad plug, socket, switch, etc. that can only be heard upon a close listen. The air filter was supposed to be changed but wasn't. There may be a few other things I'm not thinking of.
I realize much of this can probably be "fixed" (don't know about the urine stains, which is gross anyway), but my problem is that they'd rent the place in this condition. They may not have realized some of the problems existed, but the dirty carpets, come on! Before anyone says I'm being petty and should have checked this stuff out or noticed it, like I said most of the stuff was "covered up" and not really noticable. I wasn't given the opportunity to do a walk-through inspection before signing (I might have been able to ask, but didn't think it was necessary), they just gave me a sheet to fill out after signing. And you know how viewings are -- quick and you're out of there.
I really don't want to rent it at this point, but I signed a one-year lease that states I must find another renter or pay though the entire lease period. I can ask them to clean the carpets and see what they say I suppose and fix any other problems, but a company that would do this (deliberately or not) is not one I really want to rent from. I have paid a deposit and first month rent. I don't want to have to go to court if they won't refund my money, but my position is the property was rented under "false pretenses" and not according to the lease. It contains a clause stating I've looked at the unit and accept its condition, but maybe I have grounds for violation based on the above and neglegance on the part of the company?
They'll say I need to follow the terms of the lease, find another renter, etc. and they could lie in court. I did have a move-in cleaner come and look at it and agrees with me, but I doubt she'll go on record since she has an agreement with the management company. I did note the problems on the move-in inspection sheet. They might clean the carpets, but not sure I want to go with that at this point esp. with the urine stains.
The lease states that it's a lease between the owner and renter, with management co. acting as "agent". Perhaps I could track down the owner and explain what's going on to help get a FULL refund? Or get a lawyer to write a letter to them explaining the situation? I doubt they'll give me a full refund easily. I don't want to have to go to court, and I shouldn't have to find another renter and lose some/most of what I paid. What can I do? Do I have a case? Can I get all my money back? Should I continue renting from them? Any help appreciated! Thanks!
I think your stuck. the things you mention are repairable. the carpet issue can be cleaned, but it would be a fight to get your money back or not be sued for the balance of the rent. There is nothing you mention that is really deceitful or un-repairable. As long as you noted everythng on your move-in sheet, then you do not have to worry about the move out at end of lease. I would also talk to the manager and explain your feelings and push to get the carpet either changed or cleaned. Saying things were covered up is not a defense. Lift the lid and look in the toilet. open things and look inside. Taking a sweeping glance is not an excuse or acceptable to defend the condition after the fact.
Thanks for your reply. That's what I was afraid of but wanted some outside input. I do, however, think if they won't clean/replace the carpet I shouldn't have to pay to get it done or stick with the lease. Renting it with urine stains just seems unacceptable to me. So you think my only other option would be to get it re-rented and take whatever I can get back afterwards? If I have a problem that may be the best thing to do I suppose.
Try to get what you can fixed by the management while you are still in the honeymoon period. Write them a polite, calm, letter detailing what needs to be done and saying that apparently the last tenant did not leave the apt clean, etc. You should be able to get the electrical problems fixed, and the carpet cleaned or replaced. You could also talk to a few neighbors to get the lowdown on the management.
Keep in mind that you're angry now and you have second guessed your decision to stay because you feel you were deceived. However, legally you are committed, so try to make the best of it. And one day of heavy cleaning will probably make you feel a lot better- remember it won't feel like home until you've personally cleaned it!!
How long have you lived there? if you just moved in, have them come back and ispect it with you. You can't have done that much damage if you just moved in, so they should believe you.
If you have lived they for months, they aren't going to believe you just discovered its dirty from previous renters.......
My guess is that the previous tenant split in the middle of the night, leaving the place a mess. You are now going to be blamed for it. It is your legal right to have an inspection done before renting and upon leaving. Once you signed the lease "as is" you accept the conditions. The good news is that most of the items damaged have a life expentancy. Carpet is only good for about 5 years, then has no cash value at all. Same goes with appliances, paint... Research your town's regulations and don't let the landlord get free repairs because you are uneducated about rental laws. Also, be familiar with the "constructive eviction" rule whereas the landlord has failed to take action to make your place safe and you have to move. I'd talk to an inspector anyway. Maybe it's not too late.
Interesting you posted that ESRP. I just discovered from my own online search that the house was the site of a recent drug bust (must have been previous tenants). They found drugs and weapons inside the house. I don't plan to give them any more money and will discuss this with them. This might help explain its condition. I don't think it's a good idea to live there. Also, I did ask about the carpets and they won't pay to have them cleaned or replaced, saying no unusual smells were noticed and that they were cleaned once after moveout (not very well if at all) and the owner won't pay to have it done again. I guess they can sue me if they want. I should try to get my money back though. In the meantime I guess I'll find another (unlucky) tenant to take over the lease to expedite getting out of it asap.
The same happened to me daveguy001!Just this weekend want to know what you did?
its the first place I ever rent and not only that I have a one year old and im really bummed!
It seems like you are locked in here. It was on you to do your due diligence before you entered into a binding legal contract.
I'd reach out to see if the owner is willing to fix any of the problems. If this doesn't work, try to find someone to move in to pick up the rent payments. Good luck!
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