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:
- All of the issues with the apartment fixed to my satisfaction by the end of this week.
- 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.
- 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?
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Cause if you can't prove they said they'd fix it, you probably aren't going to get shit.
Never trust a landlord.
The harder the rain, honey, the sweeter the sun.
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.
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.
if you gave them one, they should have a record of what needs fixing from right before you moved in
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"Facts do not cease to exist because they are ignored. "
-Aldous Huxley
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.
I host a podcast about movies.
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.
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.
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.
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