Oregon - I recently rented what was described as a 2 bedroom, 1 bath townhome. I have been there now for just over a week, and a lot has gone on in that short time. I first viewed the rental 06/11/12. When I originally toured the apartment, it was made clear to me that it was to be painted, carpets cleaned and minor repair work done prior to my move in date of 06/16/12. The upstairs has a loft that the realtor said was a bedroom. One wall has a huge cutout which makes it possible to look into the room from the stairs. When I saw this room I assumed there would be something to cover this up with and I also did not notice there was no door on this "room". Just to note there is only 1 bathroom which is located inside the master bedroom. The 2nd loft/bedroom does not have access to the bathroom without going through the master. This loft does have a window and a closet. On Friday, 06/15/12, I met with another agent from the property management company to sign paperwork. This was done in office, and I was instructed to meet her at the apartment to do a final walkthrough. Once at the apartment, it was in the same condition as it was originally 4 days earlier. No work had been done as discussed. Hooks and nails in the walls, 2 holes punched in the ceiling, carpets dirty, wax on walls, door jambs dented, the whole place in need of paint. The agent made notes of items I pointed out that needed repair and said she would have her maintenance man call me on Monday 06/18/12. I moved in the weekend of 06/16 to 06/17/12. On 06/18/12, I was called in the a.m. and told that I had 4 different complaints from neighbors complaining about noise. I explained that I was moving furniture and there is no way to do it quietly by yourself. I then brought up again, needed repairs plus painting and cleaning of carpets that had been promised to me originally. I was notified at that time that the owner of the property signed an agreement with property management that said she would not pay for any of those things, as she did not deem it necessary. If I knew the apartment was not going to be painted, cleaned or items repaired I never would have moved in. As I said, I signed the rental agreement at the office assuming the work had been done before doing a final tour. The rent on this apartment is $640. They requested a total of $940.00 in deposits plus a pro-ration of $ 341.44 for the month of June. The owner hired the property management company to handle the transaction, but I have found her at my doorstep several times, even trying once to get in with an old key. Here is my realization and where my questions come in. As the loft is not a true bedroom (no door) I've been forced to sleep on the couch with my daughter in the master bedroom. This is unacceptable to me. I also have a woman next to me that complains and bangs on the walls throughout the day if she hears ANY noise coming out of my apartment whatsoever. My rental agreement even states that the description of a bedroom includes but is not limited to a window, a closet, and a door. Again, there is no door, or hinges indicating a door was there. They advertised a 2 bedroom, however few people would consider a room open to the stairwell with no door or privacy a bedroom. Also the only bathroom access is through the master bedroom, so no privacy for that room as well. Also I was not advised that the apartment was located in a numerous natural springs, that bubble up right outside of the apartment which makes mosquito's impossible. I have been there 9 days, still living out of boxes, I want and need to get out as soon as possible. *Should I give a 30 day notice? *Take property management to court separately for failure to perform/breach of contract. * Refuse to pay July rent and let them take it out of my deposit? Finally, in talking to other residents this owner has a habit of not refunding deposits at all. The house was dirty when I moved in, and she will say it was dirty when I left, which means I won't get my deposit back. Just a final note. Contract does say the home in a 100 year flood plain, and sump pumps installed to prevent flooding in the units. Any and all guidance would be appreciated.
State/Country relating to question: Oregon
I have called property management regarding items needing repair, painting, dirty carpets, etc. Maintenance man called me 5 days later but not on his list of items to fix.
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Good afternoon. Don't pay them another dime. Rather, commence to rescind and terminate the lease. Even though once the lease is signed byboth parties, it becomes a valid contract, there can be grounds to rescind or break the lease if the unit was notacceptable. For example, if the unit was misrepresented as being something itis not or having something it does not have, a tenant may declare a rescissionof the contract. Also, if the unit hadsignificant defects or other problems, the tenant may also declare a rescissionfor these reasons. You have all these. A valid rescissionwill terminate the tenant's obligations under the contract. In the case of a rescission, you must setforth the grounds in a written notice of rescission to the landlord and returnthe keys as soon as possible.
If the landlord doesn't return all your money, file a suit against the landlord in small claims court. Then, once the suit is filed and a judgment awarded in your favor, you become a judgment creditor and canhave the sheriff serve a summons on the losing party for a debtor examination.That forces the losing party to meet the judgment creditor in court and answerquestions under oath about the losing party's assets. After that information is obtained, the judgmentcreditor has the power to garnish wages,attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Great answer so far. Learned something new. Rent is due on the 1st. I need to find a place to live asap. Do I pay rent, or serve the rescission of contract and not pay rent? Rental agreement states they have 31 days to refund deposits, etc. I would like to get the deposit back so I can have monies for a new place. Also, when I serve this notice of rescission, will I have to move at that point, or stay the 30 days? Finally, is this a real estate form I can find online or is it something I draw up myself?
Don't pay the rent; they can't get you out within 30 days so you have some time. In your rescission letter, let them know you will be vacating as soon as you find an alternative place to live. The landlord is the one in default here, so if you leave immediately the landlord is going to be responsible for you temporary room and board, so it's not working to the landlord's disadvantage having you there and saving that expense. You can simply inform the landlord of all this in a letter sent by certified mail.
One last thing and I'll let you go. The rescission of lease, should it be laid out in legal format on legal paper processed through courthouse or something less formal?
No...it need not be formal. It need only be set forth in a letter to them sent by certified mail setting forth what I laid out for you....the facts giving rise to the right to terminate; and then the language that you are therefore terminating and rescinding due to this default.
Lawyer; developer/owner of RE developments.
How long can they hold on to my deposit monies?
Under Oregon law, a landlord must return the tenant's security deposit within 31 days after the tenant has surrendered the rental property to the landlord (i.e., returned the keys to the landlord and vacated the property).
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