|
Hi,
I need some legal advice. Earlier this month I signed a lease for a
2-bedroom townhouse in Mississippi. The leasing agency would not show
me the apartment because they said someone was living in it, but they
promised me it would be exactly like the model they showed me. They
showed me a floorplan and pictures, and I was happy with what I saw, so
I signed the lease. They also granted me permission to move in early
on December 28 and pro-rated my rent. When I moved in on the 28th, the
apartment was nothing like they had described to me. My first reaction
was that my apartment was a crime scene, for there are huge red stains
all over the living room carpet, and there are multiple red and green
stains and bleach marks on the carpet throughout the apartment. Also,
there is white paint on the charcoal linoleum. The place is filthy and
there is mold everywhere. Paint is peeling from the walls, the
cabinetry under the kitchen sink has rotted out, there are holes in
doors and walls, cigarette burns on the carpet and dried food
everywhere. I couldn't unpack because of the filth and damages. Also
there are no ceiling fans as promised. I faxed a letter to the
management today requesting them to fix the damages by Saturday and
telling them I trust there has been some mistake as they did not clean
the apartment. I really have a bad impression of the place and would
rather just move out. The apartment is nothing like they described to
me when I signed the lease. My question is this: is there anyway I
can break the lease without penalty?
Laura
|
| |
| |
Talk to them first, then sue them for breach of contract. You can do more
than just break the lease, you might be able to get damages for the cost of
having to move to a new place, the extra cost of a new place over and above
the place you're staying, etc. OR you might be able to get specific
performance and have the court make them fix up the place for you.
--
Falky
San Diego, Calif.
----------------
Disclaimer: This has been the opinion of a law student, not a lawyer.
Author advises each reader to get the opinion of a legal professional.
This post is not intended to be legal advice.
Hi,
I need some legal advice. Earlier this month I signed a lease for a
2-bedroom townhouse in Mississippi. The leasing agency would not show
me the apartment because they said someone was living in it, but they
promised me it would be exactly like the model they showed me. They
showed me a floorplan and pictures, and I was happy with what I saw, so
I signed the lease. They also granted me permission to move in early
on December 28 and pro-rated my rent. When I moved in on the 28th, the
apartment was nothing like they had described to me. My first reaction
was that my apartment was a crime scene, for there are huge red stains
all over the living room carpet, and there are multiple red and green
stains and bleach marks on the carpet throughout the apartment. Also,
there is white paint on the charcoal linoleum. The place is filthy and
there is mold everywhere. Paint is peeling from the walls, the
cabinetry under the kitchen sink has rotted out, there are holes in
doors and walls, cigarette burns on the carpet and dried food
everywhere. I couldn't unpack because of the filth and damages. Also
there are no ceiling fans as promised. I faxed a letter to the
management today requesting them to fix the damages by Saturday and
telling them I trust there has been some mistake as they did not clean
the apartment. I really have a bad impression of the place and would
rather just move out. The apartment is nothing like they described to
me when I signed the lease. My question is this: is there anyway I
can break the lease without penalty?
Laura
|
| |
| |
bluebird_621@yahoo.com wrote:
Hi,
I need some legal advice. Earlier this month I signed a lease for a
2-bedroom townhouse in Mississippi. The leasing agency would not show
me the apartment because they said someone was living in it, but they
promised me it would be exactly like the model they showed me. They
showed me a floorplan and pictures, and I was happy with what I saw, so
I signed the lease. They also granted me permission to move in early
on December 28 and pro-rated my rent. When I moved in on the 28th, the
apartment was nothing like they had described to me. My first reaction
was that my apartment was a crime scene, for there are huge red stains
all over the living room carpet, and there are multiple red and green
stains and bleach marks on the carpet throughout the apartment. Also,
there is white paint on the charcoal linoleum. The place is filthy and
there is mold everywhere. Paint is peeling from the walls, the
cabinetry under the kitchen sink has rotted out, there are holes in
doors and walls, cigarette burns on the carpet and dried food
everywhere. I couldn't unpack because of the filth and damages. Also
there are no ceiling fans as promised. I faxed a letter to the
management today requesting them to fix the damages by Saturday and
telling them I trust there has been some mistake as they did not clean
the apartment. I really have a bad impression of the place and would
rather just move out. The apartment is nothing like they described to
me when I signed the lease. My question is this: is there anyway I
can break the lease without penalty?
Laura
Document everything with photos and videos.
When he said, "it would be just like this one", was he implying in the same
condition and looks?
At least one would assume that the apartment would be in liveable conditions
and not in dire need of an extensive overhaul.
Contact your local Board of Health and have them come in and inspect.
With the Board's findings, the landlord will have no choice but to repair
the items.
As well as be reinspected for complying with health codees.
If he makes no effort in any way, prepare a small brief for court and let
the court decide if it's a breach or not.
My guess is, unless he's forced to by legal authorities, he won't do a damn
thing.
|
| |
| |
I will follow your advice. Thank you both for responding.
Laura
|
| |
| |
|
