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My new apartment *sucks*. Options?

wasted pixelswasted pixels Registered User regular
edited August 2008 in Help / Advice Forum
My new apartment is what eBayers would call "significantly not as-described". The wiring is substandard, it's completely inadequate for my power needs, and the neighborhood is like a demilitarized zone. All of which I could probably live with. The trouble is... all of the things they told me they would fix before I moved in? Yeah, not so much. The kitchen tiles they said they'd glue down are still loose, the paint they said they'd fix is still cracked and peeling off the ceiling, and the kicker:

The moldy wall in the bathroom that shocked the landlord into swearing to me she'd get the whole room fixed up?

They fixed it by painting over the mold.

I need advice on how to deal with this situation (and some moral support, as I shy away from confrontation). My plan is to take pictures of everything tonight, then I'll stop by their office tomorrow. First, I'll ask for a photocopy of my signed lease with all of the initialed pages (they still haven't gotten around to providing my copy of the lease, and that's suddenly becoming a red flag). Second, I will tell them that I want them to provide one of three possible remedies:
  1. All of the issues with the apartment fixed to my satisfaction by the end of this week.
  2. An equivalent apartment that's in an equally nice, safe neighborhood and near public transportation. They have dozens of buildings, so that shouldn't be hard.
  3. A full refund.

Is that a solid plan? One last detail worth mentioning is that I have a trip in a week, so I *need* to get this squared away quickly.

What do I do, H/A? :/

wasted pixels on

Posts

  • MuddBuddMuddBudd Registered User regular
    edited August 2008
    Did they get you to fill out a written list of what was wrong with the place, or was it all verbal?

    Cause if you can't prove they said they'd fix it, you probably aren't going to get shit.

    Never trust a landlord.

    MuddBudd on
    There's no plan, there's no race to be run
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  • wasted pixelswasted pixels Registered User regular
    edited August 2008
    MuddBudd wrote: »
    Did they get you to fill out a written list of what was wrong with the place, or was it all verbal?

    Cause if you can't prove they said they'd fix it, you probably aren't going to get shit.

    Never trust a landlord.

    It was a verbal agreement ("worth the paper they're written on", I know), but I have a witness.

    wasted pixels on
  • DocDoc Registered User, ClubPA regular
    edited August 2008
    MuddBudd wrote: »
    Did they get you to fill out a written list of what was wrong with the place, or was it all verbal?

    Cause if you can't prove they said they'd fix it, you probably aren't going to get shit.

    Never trust a landlord.

    It was a verbal agreement ("worth the paper they're written on", I know), but I have a witness.

    You also signed a lease that in all likelihood nullified any verbal contracts.

    Doc on
  • wasted pixelswasted pixels Registered User regular
    edited August 2008
    Doc wrote: »
    MuddBudd wrote: »
    Did they get you to fill out a written list of what was wrong with the place, or was it all verbal?

    Cause if you can't prove they said they'd fix it, you probably aren't going to get shit.

    Never trust a landlord.

    It was a verbal agreement ("worth the paper they're written on", I know), but I have a witness.

    You also signed a lease that in all likelihood nullified any verbal contracts.

    So I'm completely fucked, I guess.

    Well, thread over. :(

    wasted pixels on
  • DocDoc Registered User, ClubPA regular
    edited August 2008
    Doc wrote: »
    MuddBudd wrote: »
    Did they get you to fill out a written list of what was wrong with the place, or was it all verbal?

    Cause if you can't prove they said they'd fix it, you probably aren't going to get shit.

    Never trust a landlord.

    It was a verbal agreement ("worth the paper they're written on", I know), but I have a witness.

    You also signed a lease that in all likelihood nullified any verbal contracts.

    So I'm completely fucked, I guess.

    Well, thread over. :(

    Just keep bugging the landlord about fixing the stuff that they said they would. Eventually they will probably fix it just to stop being hassled.

    Doc on
  • EggyToastEggyToast Jersey CityRegistered User regular
    edited August 2008
    If it sucks that bad, break the lease. Living there for a full year, and probably losing all/some security deposit due to all of the obvious problems that currently exist, may be worse than just swallowing the loss on your security deposit.

    You can also try calling the city's housing authority, see if they have any slumlord laws. You may be able to claim your landlord is negligent and break your lease legally.

    EggyToast on
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  • wasted pixelswasted pixels Registered User regular
    edited August 2008
    EggyToast wrote: »
    If it sucks that bad, break the lease. Living there for a full year, and probably losing all/some security deposit due to all of the obvious problems that currently exist, may be worse than just swallowing the loss on your security deposit.

    You can also try calling the city's housing authority, see if they have any slumlord laws. You may be able to claim your landlord is negligent and break your lease legally.

    Unfortunately, I can't afford to deal with this any way but diplomatically. I'm living paycheck-to-paycheck right now, and I wasn't in a good financial position to move in the first place. The hundreds of dollars in deposits I'd be losing weren't in my budget to begin with, but extenuating circumstances put a gun to my head and forced me to move. I can't afford another round of deposits and overlapping rent, so if they have no reason to do right by me, it looks like I'm screwed from any way you look at it.

    Edit: I think my question is answered, and any further discussion is just going to make me feel worse about things. Lock, please. :(

    wasted pixels on
  • humblehumble Registered User regular
    edited August 2008
    did you give them a damage deposit?

    if you gave them one, they should have a record of what needs fixing from right before you moved in

    humble on
  • BasarBasar IstanbulRegistered User regular
    edited August 2008
    Call your city's housing authority. Mold is not good and they'll probably get the landlord to fix it. Try to see if you can squeeze in all the other problems when the housing people come over to have a look.

    Basar on
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  • EggyToastEggyToast Jersey CityRegistered User regular
    edited August 2008
    Yeah, if the only option is "get them to fix it," get the city involved. Slumlords don't care about tenants, but they DO care about cities condemning their properties, or issuing fines.

    EggyToast on
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  • ThylacineThylacine Registered User regular
    edited August 2008
    You might have something with that whole mold thing. Mold isn't good for you, and they didn't fix the problem. Look into the leasing laws for your individual state...they are all different. I would do your best to not break the lease because breaking a lease can limit your ability to lease another apartment or even result in a negative credit rating.

    Thylacine on
  • Lord YodLord Yod Registered User regular
    edited August 2008
    What state do you live in? In California, mold in the apartment means the place doesn't qualify for habitability.

    Lord Yod on
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  • Uncle LongUncle Long Registered User regular
    edited August 2008
    It's going to be a good idea to go through right now and document everything that needs to be repaired. Don't wait until you've been there for a few months, do it right now. Take photos, make notes, and, if possible, get your landlord to acknowledge the list and sign it. If she's not willing to do that then you at least have a record of the damages prior to your moving in which will probably not be overly useful, but I think it's worth having around if you get into a dispute.

    Uncle Long on
  • MooblyMoobly Registered User regular
    edited August 2008
    Also, did your lease have a clause stating the landlord is responsible for repairs. Any one of the things you listed seems like something you could hold them to if that's the case.

    Moobly on
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    "Facts do not cease to exist because they are ignored. "
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  • JohnnyCacheJohnnyCache Starting Defense Place at the tableRegistered User regular
    edited August 2008
    Did your lease have a specific walk-through or damage list?

    Also did your lease specify the condition the place was to be provided in?

    You aren't always screwed in this situation, but you need to read your lease, down to the fine print.

    Also, if you happen to know the people who moved out or have a way to get in touch with them, ie a mail forward or something, your landlord could get in some deep shit if they charged the outgoing tenet for these things, then rented the apartment without actually preparing them.

    One thing you need to do is IMMEDIATELY document the severe damage and date it - because believe it or not being stuck in your lease is not the worst case, the worst case is they try to blame you for the shit they said they'd fix. If you have a lease dated friday and a notarized picture of mold on monday, a judge is going to know damn well that mold didn't occur on your watch.

    JohnnyCache on
  • 3lwap03lwap0 Registered User regular
    edited August 2008
    One thing you need to do is IMMEDIATELY document the severe damage and date it - because believe it or not being stuck in your lease is not the worst case, the worst case is they try to blame you for the shit they said they'd fix. If you have a lease dated friday and a notarized picture of mold on monday, a judge is going to know damn well that mold didn't occur on your watch.

    This is critical. Document everything. Take pictures, get them dated and notarized. If it comes down to a 'he said, she said' argument in front of the proper authorities, then you need to cover your ass. Also, what state to you live in? This can create a favorable outcome for you, if you're living in the right state.

    3lwap0 on
  • CooterTKECooterTKE Registered User regular
    edited August 2008
    does your city have an Apartment Code Enforcement group? The city I live in does and you can make complaints and they come out to inspect the apartment. I swear if you say "mold" they will come out quickly if there is one. Also you should have the right to with hold rent until the issues are fixed.

    CooterTKE on
  • RaggaholicRaggaholic Registered User regular
    edited August 2008
    The first thing I saw that stood out was mold. You need to document the mold and date, and request the landlord to fix that along with the other things. Simply sending a letter would be sufficient, but a certified one would cover you more (some people get extremely defensive when you send them something certified, feel the situation out). If the mold isn't addressed near immediately, many jurisdictions will rule that the place was not habitable, as has been said earlier.

    For example, my ex noticed mold when she moved into a house she was renting. She did her best to take care of it, but discovered more in a basement room after a huge rain and leak. When the landlord came over, he immediately began tearing out the wall panelings and offering to pay for her to stay somewhere else while he got it taken care of. In my jurisdiction, the lease would be broken and any costs incurred (medical bills, moving costs, etc) would be trebled in the case of mold.

    Raggaholic on
  • supabeastsupabeast Registered User regular
    edited August 2008
    Print out a letter requesting the lease and send it to the landlord via certified mail. This will also be a good way of letting him know that you are seriously looking for a way out. Send a new letter every seven days until you get it.

    You might also want to do the same thing with your list of complaints—especially the mold part.

    And start looking around for groups that provide cheap (or free) legal aid to tenants. A city as large as St. Louis should have several, contact the state bar for details.

    supabeast on
  • 3lwap03lwap0 Registered User regular
    edited August 2008
    According to the MO Attorney General:

    Repairs: A tenant may violate the lease and face eviction if he withholds rent until repairs are made.

    Know the Landlord-Tenant Law:
    Under very limited circumstances, the tenant may make repairs and deduct the cost from rent if the tenant:

    ● Has lived on the property for at least six
    months.
    ● Has paid all rent owed.
    ● Is not in violation of the lease.
    ● Has notified the landlord of the problem
    and has allowed at least 14 days for the
    landlord to respond.
    ● Has, at the landlord’s request, receivedverification from city inspectors that the
    problem violates city code.

    If the landlord still does not fix the code violation within 14 days of receiving the city’s notice, then the tenant can proceed with the repairs. The amount of the repair must be verified by receipts. In most cases, the cost of repair must be less than $300 or one-half month’s rent (whichever is greater), and can be
    done once a year.


    One way to avoid problems with repairs is to have a written agreement, preferably in your lease. The agreement should state which repairs are the landlord’s responsibility and which are the tenant’s.
    The landlord should be responsible for repairs caused by ordinary wear and tear and
    natural forces such as the weather. Tenants should pay for damages resulting from their own negligence or the negligence of a guest. If repairs are needed, ask the landlord to make repairs within a reasonable period of time. If repairs are not made, make a written request for the necessary repairs and keep a
    copy of the letter. If the repairs still are not made, the tenant may seek legal assistance. If the dwelling
    becomes unsafe due to the repair problems, the tenant should contact local health or
    housing authorities. If a tenant withholds rent payments until repairs are completed, the renter may be in
    violation of the lease and may be subject to eviction.

    The phone number for city of St. Louis Housing Authority is: (314) 531-4770

    3lwap0 on
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