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deb3737 · Dec 6, 2010, 04:21 AM

I phoned a landlord from out of state requesting info on his apartment. He lied over and over regarding the condition, and size amongst other things. I had an aunt and uncle look it over and they raved about it. Now that I got here the place is a dump the windows are so old the place doesn't heat up because of air leaks . Now I just found the micro doesn't work, the landlord never put up the smoke alarms and I just don't know how to handle it. What do I put in letter? There is no way to get the deposit and first months rent back, I don't think. And the movers haven't come yet. What to do?? I owned and not rented in over 25 years and don't know how to deal with this lying crook.

tickle · Dec 6, 2010, 04:31 AM

You would think that having a relative look at a possible rental property would be in your best interests. Obviously you couldn't trust them. How is it that they approved the property, telling you it was okay, and you have found it wasn't?

You can always take the LL to small claims court and claim misrepresentation; take pictures with you.

Tick

ScottGem · Dec 6, 2010, 04:46 AM

Sorry, but caveat emptor exists here. Even if you hadn't had someone look over the apartment, you would have a hard time justifying breaking the lease. So you may be on the hook for the entire lease.

If you can prove your claims and, more importantly, that he lied about them, you might have a chance in court. Or you could take the tactic, that you send him a letter advising him that the apartment was not as advertised and wait for him to take you to court.

I also have to wonder about why your relatives raved about the apartment.

Oh, and I would be VERY careful about throwing around terms like crooked. There is a difference between embellishing the worth of something and outright fraud.

deb3737 · Dec 6, 2010, 04:56 AM

Thanks I haven't signed anything at this time, not even filled out a rental form. I think the "evil little man" is sooo imberrassed that he isn't coming around and won't talk to me. Trying to figure exact wording on the letter... anyway wish there was a form, example or something. Thanks

ScottGem · Dec 6, 2010, 05:03 AM

If you did not sign a lease, then you have some leverage here. The fact that you paid first and deposit will show your intent to rent, but without a lease stating a term he can't come after you for more than one more month's rent.

Send him a letter stating like:

Dear Sir,
Upon viewing the apartment you have for rental, I found it not to be as advertised. The Windows need replacement badly as they do not retain heat. No smoke alarms have been installed as required by law (make sure it is required). <add any other issues you found>

Therefore, I will not be renting the apartment. Because you made false claims when advertising the apartment I will expect you to return the monies I paid. You have x days to do. If you do not, I will pursue whatever legal avenues available to me.

That should do it.