My daughter and 3 other girls signed a yearlong lease (college house) in a dump where the landlord was making improvements. He specifically listed a dozen major projects that he listed a finish date of August 5 for. They moved in during the last week of August. Two projects lsited on the lease was done. He has been there, showing up unexpectedly, just about every day now for 5 weeks, leaving a huge mess every day. He has decided NOT to drywall the first floor walls and ceiling, which IS on his list. The walls are full of holes that the girls covered with duct tape because there were mice coming and going through them. There is a chunk of foundation missing, exposing the crawl space to the weather. Last week the crawl space had a foot and a half of water pumped out. (That's where the furnace is, too.) The bathrooms are covered in mold and there is no ventillation. He's buddies with the building inspector who is blowing off our repeated contacts. We want out of the lease, and we want our money back (They have each paid 1650.00 for the first sememster.) Do you think we have a chance of recovering our money? Plus, if they move, we have to get a mover again.

None of this sounds like hidden damage so I am wondering why you daughter signed a contract. I'll bet his list of projects is not part of the lease document, right? You could start by telling him you are leaving because of health code violations which you are about to report to the county health department. In all likelihood you would need to sue to get the money back and I doubt that you would win. Bad as it sounds I don't really see a significant code violation and the guy, jerk he may be, has made some repairs and could do more later down the road.

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Originally Posted by pbehr

... He specifically listed a dozen major projects that he listed a finish date of August 5 for. ...

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Is this in the lease? What exactly is the pertinent language of the lease? What state?

I would never suggest that you tit for tat break the law and tell him that you will continue to live there past the first semester without paying any more rent and let the eviction process drag on for months, unless he refunds you now and you move the day you see green cash in hand.

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Originally Posted by joypulv

I would never suggest that you tit for tat break the law and tell him that you will continue to live there past the first semester without paying any more rent and let the eviction process drag on for months, unless he refunds you now and you move the day you see green cash in hand.

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As I read your post, that's exactly what you are suggesting. And if so, it's bad advice: to do that would clearly be a violation of every landlord-tenant act in the land.

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Originally Posted by ballengerb1

None of this sounds like hidden damage so I am wondering why you daughter signed a contract. I'll bet his list of projects is not part of the lease document, right? You could start by telling him you are leaving because of health code violations which you are about to report to the county health department. In all likelihood you would need to sue to get the money back and I doubt that you would win. Bad as it sounds I don't really see a significant code violation and the guy, jerk he may be, has made some repairs and could do more later down the road.

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Yes, the list IS on a paper he attached to the lease. The reason the girls signed is because he promised all these repairs/improvements would make the house "like new" BEFORE they moved in. New drywall on the entire first floor, which would take care of the mold and the rodents, is on the list. He no longer plans on doing drywall at all.

Did he and the girls also sign the attached list like they did on each page of the lease? I am still thinking this will not turn out well even if you sue to get back your money. A judge may ask if the work was to be done BEFORE they moved inwhy did they move in when it clearly was not done. Once they moved it it says they found it acceptable. Some landlord are great while others can be a bit slippery. It doesn't cost much to sue in small claims so maybe give it a try or speak to an attorney. If an attorney turns it down its for a good reason, he is doubtful about winning

Hello p:

I SEE that he attached the list to the lease... That has NO legal bearing unless the list was mentioned in the lease and made PART of the lease by using certain language incorporating it. The next thing is the girls moved in KNOWING the work wasn't done as promised by the 5th. Consequently, you can't hold him to his promise NOW when you let him OUT of it earlier.

Nonetheless, I'd give notice, move and sue him in small claims court.

excon

The issue here is habitability. You have to prove the conditions make the house uninhabitable. Before you can get out of the lease you have to a) show the property is uninhabitable and b) show that he has failed to make repairs to the conditions.

So you need to pursue this with both the building department and the health department. If the building inspector won't help go to the health dept or go over his head. Talk to the college's housing people, they may have greater influence with the town government.

Once you get an inspection, you may be able to give notice that you will be withholding rent until the repairs are made. If that is done the rent should be depositing in a bank account so, if ordered to pay they will have it. Or you can give notice that if violation are not corrected by x date, he will be in breach and they will move out.

Check with local laws on the exact procedures for protesting such conditions.

So I had a weak moment.
Some have paid rent to their own lawyer to be put in escrow while they pursue various avenues.

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Originally Posted by joypulv

Some have paid rent to their own lawyer to be put in escrow while they pursue various avenues.

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Hello joy:

Some states allow it, while others don't. That advice, in general, could cause somebody to be evicted... It would be easier if they were all the same, but they're not.

excon

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Originally Posted by excon

Hello joy:

Some states allow it, while others don't. That advice, in general, could cause somebody to be evicted... It would be easier if they were all the same, but they're not.

excon

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The federal system can be a curse at times. :D

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Originally Posted by joypulv

So I had a weak moment.
Some have paid rent to their own lawyer to be put in escrow while they pursue various avenues.

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This is the legal board. We take great pride in our answers. You continue to post here and you've given very bad advice before.

Please - your "weak moment" can very well get someone in very serious legal trouble.

If you don't know and are guessing, please don't post it.

Who are the "some" who have done this? A tenant cannot unilaterally put the rent in escrow, without the knowledge of the landlord.

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Originally Posted by joypulv

So I had a weak moment.
Some have paid rent to their own lawyer to be put in escrow while they pursue various avenues.

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The problem here, as you have been told privately but have apparently ignored, is that you have too many "weak moments". The quality and accuracy of your advice does not meet the standards we try to adhere to here. We are glad you want to help, but we take pride in the value of the advice given here. If you want to continue to help you need to meet those standards.

Before a tenant can stop paying rent, they have to give the landlord a chance to repair the problems. They also have to have documentation that those problems exist and need repair. A tenant who just ups and stops paying rent without informing the landlord why is just asking to be evicted. And where you get the idea that evictions drag on for months I don't know. While it is possible for someone to do so, if the process is followed properly a landlord can usually get an eviction in less than a month.