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    autgehring's Avatar
    autgehring Posts: 1, Reputation: 1
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    #1

    Jul 15, 2011, 11:58 AM
    If my landlord does not have a copy of my signed lease, can I move?
    I am living in a house paying 295 a month for rent and utilities. The landlord has let the gas go off for 4 days due to non payment, the water went out for a day, the stove in my basement apartment was broken so we have to use the upstairs apartment, it took him three months to fix a MAJOR shower leak, our heater broke for a week in the winter, our sawmp cooler and house fan does not work, we have a broken window where people have broken in to the house, we have a dead bolt on our door that does not work and he says he can not make any of these repairs or pay the bills because he can not afford it. I signed a lease, but the landlord neglected to pick it up from me. Do I have any rights? I am current on my rent... am I able to move without any legal reprocussions? What can I do?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 15, 2011, 04:12 PM
    Quote Originally Posted by autgehring View Post
    ... he says he can not make any of these repairs or pay the bills because he can not afford it. ...
    [irony]With rent at $295 per month, how can he be unable to afford the bills and repairs? He's probably been spending all that rent on fancy living.[/irony]

    Seriously, the lease is probably valid despite his failure to pick it up, but you probably can "break" it because of his failure to make needed repairs. Give him your notice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 15, 2011, 04:18 PM

    A landlord has to supply a habitable residence. Doesn't look like he has, but you will need to documents the problems, your requests for fixes and his failure to comply.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 15, 2011, 06:05 PM

    To prove he has not "fixed" you will need proof that you provided him written notice of the need of repair.

    But then to be honest 295 does not even buy you a bedroom in a home anywhere I know of. My worst slums I used to rent was at least 400 for just the apartment> And I had some really bad places to rent.

    I can't image ( if this is in the US) what you really expect for that amount of money.

    But could the court determine that the rent or lease is valid, yes. You will not know till you end up in court 100 percent.

    Have you talked to the landlord about moving
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