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    sduarte5's Avatar
    sduarte5 Posts: 4, Reputation: 1
    New Member
     
    #1

    Aug 23, 2008, 11:21 PM
    Idaho Lease/Rental Agreement Law
    Hello,

    My friend has just relocated to Idaho from CA. He needed to find a house to rent in a hury and had very little time to do so. He found a house online, paid the up front deposit, signed a 1 year lease, and packed everything up heading to Idaho. When he got to the rental agency he then paid the first month's rent. Now here comes the problem... Upon arrival at the rental house, he quickly realized what a mistake he made; no running water, the wood burning stove was severely damaged, house was trashed, interior flooring coming apart, and the owner is claiming that my friend signed a 1 year lease agreement and he has to stick with it.

    Is this legal? Can the owner legally demand fullfillment of an lease, even though there are some obvious serious health & safety issues? My friend has taken pictures and since found a different house to rent. He is very concerned that this owner is going demand money. Also, can my friend get his money back that he has already given the owner? What ever information you can give would be greatly appriciated.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
    Vision Expert
     
    #2

    Aug 24, 2008, 12:48 AM
    He needs to sick the health department on them...
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Aug 24, 2008, 07:36 AM
    What did the online listing say? Did it mention running water? Is there a well? Is this a cabin in the middle of nowhere? Just because a property has no running water and a nonworking stove means little if this was essentially a cabin in the forest type thing. Basically, it's renter beware. The person did sign a one year lease and that is a legal document. The owner will probably take the person to court for the full rental amount. Did your friend take pictures of the fact that the floors were coming up and the stove nonworking and no running water? Are there faucets in this home and they are just not working? Is there electric to the home? Why no running water?

    As far as getting any money back from the owner, I wouldn't bank on that happening. Only a Judge could order him to pay it back and I don't foresee that happening.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #4

    Aug 24, 2008, 09:55 AM
    At this point it will come down to what he was "sold" and what he actually "got". Does he have copies of the listing he replied to, etc?

    The previous posters are right... it will almost certainly come down to a judge deciding who is in the right and who is in the wrong.

    I would make one written demand to be released from the lease with a full refund of all monies paid by a certain date - maybe one week. On the following day (after the deadline) I would file in small claims court. That may get their attention, or it may go to court and the judge will decide.
    sduarte5's Avatar
    sduarte5 Posts: 4, Reputation: 1
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    #5

    Aug 24, 2008, 12:04 PM
    All of this happened in a matter of days. The house was not advertised has a "cabin in the woods" so to speak, but rather house on 9 acres of land in a rual area. The water issue is the well pump is broken and does not seem to have been drilled far enough down. The wood burning stove is completely unusable and a extreme fire hazard. My friend did take pictures of everything mentioned. Twinkiedooter (or anyone else) do you have any insght to Idaho state law on this matter? Again this entire process worked through the internet without any visual approval from my friend and there was only days between the transition of money, lease agreement, and complete displeasure of living conditions.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 24, 2008, 01:25 PM
    This may be common in that area, but yes he is stuck to the lease, he can either call the health dept and try and get things fixed, or sue for repairs, hire an attorney and set up an escrow account.

    His mistake, he needed to put his stuff into storage there and live in a weekly rental till he had a chance to look at it first hand.

    At this point he is most likely stuck, his risk, move and fight this out in court, the local court where this may be common for what he is renting
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #7

    Aug 24, 2008, 02:29 PM
    If there is no heat and no water then the property is uninhabitable. If the lease did not specifically state that there is no heat and no water then your friend should not be held to that lease.

    Tell your friend to send a letter by certified mail, return receipt requested, with a copy by regular mail, informing the landlord that the property is uninhabitable and demanding the return of all monies that he paid.

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