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Old 12-26-2008, 03:12 PM
 
3 posts, read 9,332 times
Reputation: 10

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Hello everyone,
Lets start off with we have been living in this apt complex since the beg of Aug. Since the day we moved in our dishwasher hasnt been working (it wont drain). We had 4 men come out (from the apt complex) and look at it. The last one said they would order a pump to have it fixed. We have mold growing from it so I'm constantly cleaning it with bleach. (Last guy showed up over a month ago).
I kept calling them about the dishwasher and no one has yet to respond. NOW last week our washer doesn't do the spin cycle NOR drains AND our dryer has been burning our clothes. I had a man come out TODAY finally and he didn't even look at anything. He said that no one ordered a pump for our dishwasher, the washer has to be replaced AND our dryer needs a new filter. He told us that we are on a 30+ tentant waiting list for this apt complex with our washer and dryer so we wont have anything fixed for over a month.

We moved into this apt complex DUE TO having a washer and dryer in our unit. We have offically said screw it and we want out of this place. We are just going to be moving on base (We're an air force family). I'm just hoping that we are able to get out of our lease since nothing gets fixed here so we can move into a home that will be fixed when things are needed. Does anyone know if they did indeed break the lease for not fixing our things on a timly manner? Or how would I go on the lines of getting our money back that we put down on the apt complex?

Thank you and sorry this is so long!!!
Trish

P.S.- I live in AZ as well. I also posted this on the AZ forum.
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Old 12-26-2008, 03:16 PM
 
Location: Mishawaka, IN
97 posts, read 389,836 times
Reputation: 38
Check in your lease for repair requirements.

In my lease it says they have to give me written notice and a certain amount of time to fix the problem after I receive the written notice.
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Old 12-26-2008, 03:18 PM
 
3 posts, read 9,332 times
Reputation: 10
Quote:
Originally Posted by bc219 View Post
Check in your lease for repair requirements.

In my lease it says they have to give me written notice and a certain amount of time to fix the problem after I receive the written notice.
I have looked at our leasing papers several times and there is nothing stated in there about it . The only thing that is close to it is the ultilities (water, sewage, trash). Which is why I'm confused on if they did break a leasing agreement that as a apt complex should go by or if we are stuck with this horrible complex until our lease is done.
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Old 12-26-2008, 03:29 PM
 
Location: Mishawaka, IN
97 posts, read 389,836 times
Reputation: 38
I would call your attorney and start there...
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Old 12-26-2008, 06:06 PM
 
406 posts, read 1,312,205 times
Reputation: 146
well generally, all landlords have to keep the place in running order. if there is no wording specifically dealing with appliances (even the mention of a washer or dryer? anything?), then i would go a completely different route and sue them for damages from the dryer burning your clothes and the mold growing underneath the DW. did you sign a mold disclosure in your lease? it should be buried in there somewhere. but it won't be easy, nor will it be worth your time and court fees. i would say just move, and chalk it up to experience. make sure to tell your friends about what a dump this is as well.
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Old 12-26-2008, 10:24 PM
 
Location: Maryland
1,667 posts, read 9,106,425 times
Reputation: 1650
I would think that a landlord catering to military members wouldn't want any bad publicity. Maybe you could bring this fact to your landlord's attention. Your lease is a contract and must be studied and checked for legal accuracy (most of them aren't legal). Either way, it sounds like you need an attorney. Usually, you should notify your landlord in writing and give him reasonable time to do the repairs. This is why I avoid renting out apartments with a washer/dryer included. The hook-ups are there, but there is too much liability with the actual appliance, as you are finding out. Good luck.
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Old 12-26-2008, 11:52 PM
 
28,005 posts, read 60,680,217 times
Reputation: 22923
Appliances are the bane of Rental Housing... and I avoid them whenever possible...

Not to digress too much... 3am this Christmas morning I get a frantic call from a tenant saying Christmas will be ruined because her oven won't heat??? I drove to the house and found all I needed to do was relight the oven pilot...

Washer, Dryer and Dishwashers are not habitability items as would be a working heater... they are generally considered amenities.

This said, if the above appliances are included in your lease and you have put the owner on notice the items are non functional through no fault of yours and a reasonable time has passed without repair... it would seem you have a case.

Why not just ask to be let out of your lease early?

If the answer is no, you always have the option to move and let the cards fall where they may AFTER discussing the pros and cons with a local lawyer willing to represent you.
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Old 12-27-2008, 12:20 PM
 
Location: San Antonio, Texas
3,496 posts, read 19,172,552 times
Reputation: 2743
Make sure any and all contact with the LL or manager is in writing. You have to notify the LL of the problem and have proof that you did notify. Also, the appliances and who is responsible for repairs needs to be in the lease. If there is no mention of the DW or W/D in the lease, how do you know it's there?
Before you head for a lawyer to sue, you need proof that the appliances are there and the LL is responsible for them. Saying so is not enough for either party.
Sounds like you have an inexpiences LL, who did not fill out all the requirments of the lease...like what is included and who is responsible for the items. the lease should list everything, from the stove to the ceiling fans.
Write a letter explaining what is going on, give them 10 days to respond. Also state what remedies you expect and if no resolution, you will move. Make sure you send it certified, return receipt.
Try that tactic first, them follow therough with what you say in the letter.
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Old 12-27-2008, 01:15 PM
 
673 posts, read 2,635,720 times
Reputation: 421
If appliances are provided in the rental property without any kind of disclaimer in the lease, it's fair to consider them part of the lease. Instead, they were presented as part of the property which influenced your decision to sign the lease. Give the LL notice of intent to vacate unless the problems are fixed in X days. If you leave, the LL could take you to small claims court. But the LL risks losing, court fees and being countersued for any expenses incurred due to broken appliances or relocation.
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Old 12-27-2008, 03:49 PM
 
8,410 posts, read 38,242,685 times
Reputation: 6358
Quote:
Originally Posted by Ultrarunner View Post
Appliances are the bane of Rental Housing... and I avoid them whenever possible...

Not to digress too much... 3am this Christmas morning I get a frantic call from a tenant saying Christmas will be ruined because her oven won't heat??? I drove to the house and found all I needed to do was relight the oven pilot...

Washer, Dryer and Dishwashers are not habitability items as would be a working heater... they are generally considered amenities.

This said, if the above appliances are included in your lease and you have put the owner on notice the items are non functional through no fault of yours and a reasonable time has passed without repair... it would seem you have a case.

Why not just ask to be let out of your lease early?

If the answer is no, you always have the option to move and let the cards fall where they may AFTER discussing the pros and cons with a local lawyer willing to represent you.
Hee heee hee...bet you got good karma points for that pilot light deal!
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