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.

Optional Information:
State/Country relating to question: Oregon

Already Tried:
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.