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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53705
Experience:  Lawyer; developer/owner of RE developments.
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No central heat and air. No filter in the unit. Toilet bowl

Customer Question

No central heat and air. No filter in the unit. Toilet bowl moves when getting up and down. Bathtub needs glazed. 3 sockets need changed. Screen door needs for replacement because it has holes in it I have a board out of the deck that needs to be replaced and screws put in the boards because the nails keep on popping up so it's more sturdy found out last night that on the garbage disposal I turned it on with running water in it and then I turned it off because it didn't sound right and then I turned it back on and it didn't run at all and then I turned it back off and I open the doors underneath it to the kitchen sink and there was smoke coming out of there and I did not feel comfortable to unplug it and so far all of that the owner was here on the 3rd of May and he is aware of all of those issues and as well as I need to have the the lines on the sliding glass door replaced and I just went downstairs to put my laundry in and I noticed that the fire extinguisher is not charged at all and it has no pin in it and no tag and then as I was walking out the door the laundry room and to the apartments to the right there's two of them they have no fire extinguisher at all in the holder and then as I was going through the door that says fire Door Keep closed I noticed that the extinguisher says fully charged and it has a tag and inspected on January of 2014 and then as I was walking up the stairs I noticed that the fire extinguisher that is closest to my door is not charged and the pin is out and the hoses out so that would not work for me at all if I had a fire and there was a fire in the apartment above me and I was told about that after I had already occupied the residence and so the owner when he was here he had to replace a couple things to make on my electricity work in the apartment and prior to that they had to change out the dishwasher because I don't use the dishwasher very often and we found out that the electricity that they were evidently working on upstairs in the apartment before the owner came down that it had screwed up my stove so they had to replace the stove and then underneath my sink I saw that there was mold but the garbage disposal look brand-new and evidently the boards and all that at been gone so they put a full Cabinetry underneath there so I can put like my cleaning supplies and then eat there and so I am pretty much done with this apartment and I am on a one-year lease and the owner said that the following day everybody would get a work order put on their door and had to actually contact the landlord and say I do not have a work order on my door and I noticed that no one else did either because I had done laundry that day as well but I just told him I didn't get mine and then the next day I noticed that we had a work order on our door and so and one point I had found that for these apartments they had been on the news 3 times which causes me concern and do not wish to dwell here anymore and pay $675 when they are to provide central heat and air and I have concrete that is broken underneath the hallway carpet and the previous lady that had been working for them said they would replace that and fix it and the maintenance guy who is related to the owner said that probably will not happen and anyway I am just done talking to them and saying this has to be done just needs to be done because not s*** is getting done and I'm like what do I do now I just want to move out and go somewhere where I can pay my rent and not have all these issues where since electricity wasn't on when I moved in I wasn't aware of all of that. I have never had any trouble with a landlord enter before ever or broken ever so I am just beside myself in the hallway you constantly hear the fire smoke detectors beeping because they don't change the batteries and they have two maintenance guys that are running a hundred and twenty apartment complexes and that is crazy help me please thank you
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 5 months ago.
Hi Charlotte. My name is ***** ***** I look forward to helping you. You absolutely have recourse here. You have a couple of choices. You do have rights here. With every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. Where you have the issues facing you, you are clearly not being afforded such enjoyment of the premises....and therefore the landlord is in breach of the implied warranty of habitability. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of your rental bargain due to the inhabitability. Furthermore, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at your option, until the problem is fully remediated. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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