oceanslyric
Jun 5, 2006, 08:14 PM
Good evening everyone. I will try to keep this short. I moved into a basement apartment two months ago. The landlord, his wife, their two teenagers, and now their mother-in-law all live upstairs. This rental was not advertised. I had another realtor helping me look for a rental and she told me about this place; the landlord is also a realtor. He lied about some very important things prior to me moving in and I took him at his word. Here's the synopsis of what I've been dealing with:
1) :mad: On move-in day he had not moved out ANY of his furniture (mind you it was evening by the time the movers and I got there). Fortunately for me, the movers just set the stuff down wherever they could, waited for a few hours for the stuff to be moved, then moved it to where it belonged and put it together. Additionally, there was a "handyman" there until 11 pm on move-in day hooking up the plumbing, the stove, the washer, etc. There were carpet scraps, concrete mix, ceramic tiles, and tools all over the place (I had to pick these up and take them out to the storage area later).
2) A fuse keeps blowing out. When it does, my lights, computer, etc. go out.
3) :eek: BUGS. I saw the place several times before moving in and never saw any bugs. I think that is because they mostly come out at night, especially after it rains. Mainly disgusting house centipedes, LOTS of them. My daughter and I couldn't even sleep because we feared bugs crawling on us. I bought my own pesticide... it helped some. We have a can of raid in every room.
3):mad: :mad: NOISE. LOTS of noise. When they walk, it sounds like a bowling alley upstairs. Sometimes they run back and forth and up and down the stairs. I can hear every vibration and sound and bass of their TV through my ceiling. They have a central vac system where the machine itself is, you guessed it... in the basement (I had no idea about this until after I moved). They turn it on late (sometimes 11pm), sometimes its on for an hour straight. My daughter and I are both woke up from sleeping, can't read or study or hear our own TV unless it is blaring at 30 volume. My daughter sees an audiologist tomorrow because she failed the hearing test 3 times at school over a period of 6 months.
4) HEAT and A/C. The landlord told the lady that rented me his basement that I had heat and A/C. What he didn't tell her was that I only have what he gives me. He controls it all. That is, if they are home and THEY want it on. I've been cold before and he brought down space heaters... they worked fine for the bedrooms but did nothing for the very large living/dining area. There have been many nights where I turned on the oven and opened the door, just to be warm.
I have personally talked to and written a letter about the noise, bugs, etc. Nothing has improved. Yesterday, with my rent payment, I requested early termination of my lease due to the noise and asked that he tell me yes or no within 7 days. I also enclosed a termination agreement he could sign with the conditions of the termination (all security money returned, no further rent due). I did not copy anyone on the letter because I am trying to handle this between he and I.
What do I do if he does not respond? I do not believe that I am covered under the VRLTA because the basement is a private residence. I believe I can contact the Virginia Code Dept and request an inspection. I don't believe he had permits to finish his basement or rent the place out. In addition to the intolerable NOISE and temperature control problems, I have several broken windows (double-paned but half is cracked all the way across) and my bedroom window doesn't even lock. I don't believe there was any electrical permit done. Some outlets aren't even covered.
I've been told (not by experts on this... just advice)... that if he doesn't agree
To my termination request to request an inspection by the Code Dept. and send another letter to him about the noise/breach for not having peace and quiet enjoyment... but to send it certified mail, return receipt requested and to copy the county housing division, the Code Dept, the attorney general, and the property mgmt office of the realtor he works for (he used one of their standard lease contracts). Is this the correct next step? I have to get out of here and would prefer to move during the summer so my daughter's school is unaffected (she is almost 9).
Also, question about the lease. He used what appears to be a standard carbon copy form for someone who is renting a house, vice apt leasing. I had five minutes to read it. The time he could meet me was in between work and when I have to pick up my daughter and I had to do it then so I could have the key to move in. He told me if there were things in the lease that needed changed, to change it and let him know (there are but haven't yet... was waiting on a move-in inspection, which the lease says he would do within 5 days of move in but never did). Should I correct the lease and do the inspection myself and mail it to him certified mail (even though he lives upstairs)? I don't trust this situation. My gut tells me that this could get really ugly, but I'm trying to end it very peacefully. :(
Thanks for your advice,
Ocean :mad:
** As a side note, he never paid the realtor who rented me his place either. His word doesn't appear to be worth much.
1) :mad: On move-in day he had not moved out ANY of his furniture (mind you it was evening by the time the movers and I got there). Fortunately for me, the movers just set the stuff down wherever they could, waited for a few hours for the stuff to be moved, then moved it to where it belonged and put it together. Additionally, there was a "handyman" there until 11 pm on move-in day hooking up the plumbing, the stove, the washer, etc. There were carpet scraps, concrete mix, ceramic tiles, and tools all over the place (I had to pick these up and take them out to the storage area later).
2) A fuse keeps blowing out. When it does, my lights, computer, etc. go out.
3) :eek: BUGS. I saw the place several times before moving in and never saw any bugs. I think that is because they mostly come out at night, especially after it rains. Mainly disgusting house centipedes, LOTS of them. My daughter and I couldn't even sleep because we feared bugs crawling on us. I bought my own pesticide... it helped some. We have a can of raid in every room.
3):mad: :mad: NOISE. LOTS of noise. When they walk, it sounds like a bowling alley upstairs. Sometimes they run back and forth and up and down the stairs. I can hear every vibration and sound and bass of their TV through my ceiling. They have a central vac system where the machine itself is, you guessed it... in the basement (I had no idea about this until after I moved). They turn it on late (sometimes 11pm), sometimes its on for an hour straight. My daughter and I are both woke up from sleeping, can't read or study or hear our own TV unless it is blaring at 30 volume. My daughter sees an audiologist tomorrow because she failed the hearing test 3 times at school over a period of 6 months.
4) HEAT and A/C. The landlord told the lady that rented me his basement that I had heat and A/C. What he didn't tell her was that I only have what he gives me. He controls it all. That is, if they are home and THEY want it on. I've been cold before and he brought down space heaters... they worked fine for the bedrooms but did nothing for the very large living/dining area. There have been many nights where I turned on the oven and opened the door, just to be warm.
I have personally talked to and written a letter about the noise, bugs, etc. Nothing has improved. Yesterday, with my rent payment, I requested early termination of my lease due to the noise and asked that he tell me yes or no within 7 days. I also enclosed a termination agreement he could sign with the conditions of the termination (all security money returned, no further rent due). I did not copy anyone on the letter because I am trying to handle this between he and I.
What do I do if he does not respond? I do not believe that I am covered under the VRLTA because the basement is a private residence. I believe I can contact the Virginia Code Dept and request an inspection. I don't believe he had permits to finish his basement or rent the place out. In addition to the intolerable NOISE and temperature control problems, I have several broken windows (double-paned but half is cracked all the way across) and my bedroom window doesn't even lock. I don't believe there was any electrical permit done. Some outlets aren't even covered.
I've been told (not by experts on this... just advice)... that if he doesn't agree
To my termination request to request an inspection by the Code Dept. and send another letter to him about the noise/breach for not having peace and quiet enjoyment... but to send it certified mail, return receipt requested and to copy the county housing division, the Code Dept, the attorney general, and the property mgmt office of the realtor he works for (he used one of their standard lease contracts). Is this the correct next step? I have to get out of here and would prefer to move during the summer so my daughter's school is unaffected (she is almost 9).
Also, question about the lease. He used what appears to be a standard carbon copy form for someone who is renting a house, vice apt leasing. I had five minutes to read it. The time he could meet me was in between work and when I have to pick up my daughter and I had to do it then so I could have the key to move in. He told me if there were things in the lease that needed changed, to change it and let him know (there are but haven't yet... was waiting on a move-in inspection, which the lease says he would do within 5 days of move in but never did). Should I correct the lease and do the inspection myself and mail it to him certified mail (even though he lives upstairs)? I don't trust this situation. My gut tells me that this could get really ugly, but I'm trying to end it very peacefully. :(
Thanks for your advice,
Ocean :mad:
** As a side note, he never paid the realtor who rented me his place either. His word doesn't appear to be worth much.