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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35339
Experience:  Attorney over 16 years, landlord 26 years
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I am a Broker and General Contractor. I would like an

Customer Question

Hello, I am a Broker and General Contractor. I would like an attorney's input on the following scenario.
Lins and I sold our house and have opted to rent a home for the first time(See attached lease). After being here for a few weeks I came to realize that none of the red flags were disclosed, the property was misrepresented as to it's condition (through non-disclosure within the lease and property condition predominately) and of course there was no lead based paint disclosure or pamphlet. Even as a real estate broker when I was under the pressure of finding a place to live, I was not thinking about all these things. Now, however as I'm probably looking at a $400 power bill to cool a 1600ft2 house, (which is insane) things are starting to click in my head! Anyway, look over the attached and let me know what if anything you think I outta do.
Facts:
r19 in ceiling -- squashed to probably r15
NO insulation in floors (partial basement home/crawl space)
house built in 1967 -- No lead based paint disclosure for me or previous tenants (to my knowledge)
sump pump in crawl ( red flag)
NONE of the above were disclosed at (or prior to) lease signing.
Currently it's 90 degrees in here because the air is broken, It's a Sunday but still no one seems to care.
un-permitted deck, could potentially collapse
John Ogburn
General Contracting and Custom Construction - Oakbrooke Inc
Broker - #1 Properties of Lake Norman ***@******.*** (###) ###-####
Owner/Property Info
Tax Account Number: 80015332
Old Parcel Number: 1702B01000A016
Owner Name: 256LAKESHORELLC
Mailing Address:*****MOORESVILLE NC 28117
Property Location: LAKESHORE DR
Lot Number: 16
Legal Description: LAKEVIEW SHORES S1 BLKC PB7-47
Municipal Information
Township Code: 17
City Code: 00
Neighborhood Code: 17025
Value Information - Current Year Property Record Card (PRC)
Building Value: 88160
Other Building Features: 11700
Land Value: 425000
Tax Assessed Value: 524860
Deferred: Null
Land Information - Register of Deeds Online Search
Date Recorded Document Type Deed Book Deed Page Plat Book & Page Land Area Land Type Zoning
20140402 WD 2293 1707 7-47 0.77 AC R20
Tax Information
Exemption Tax Code 1 Tax Code 2 Tax Code 3 Tax Code 4 Tax Code 5
Null C ADVLTAX Null FR03ADVLTAX Null Null
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What is it that you would like to have happen here? Do you want to terminate the lease and move elsewhere?

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thanks

Barrister

Customer: replied 7 months ago.
I'm not really sure what the best course of action is. The owner is a heart doctor and has multiple properties and has been definitely misrepresented by his Property Management Company. I think he definitely needs to know that because he's probably on the hook for a lot if they're not representing his interests like any reasonablely competent broker should.
Expert:  barristerinky replied 7 months ago.

Ok, thanks for that information. The fact that the house is poorly insulated and not energy efficient wouldn't give you legal grounds to terminate the lease. Neither would any unpermitted structures unless they are a danger to you. And unpermitted work is between the city and the owner..

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But if they didn't give you any information regarding lead based paint, that is a violation of federal law, the EPA and HUD laws specifically, and could give you grounds to terminate the lease if you do so promptly.

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You could notify the landlord or these specific violations:

* Failure to provide information/pamphlet.

* Failure to disclose presence of lead-based paint or lead-based paint hazards.

* Failure to disclose to each agent the presence of any lead-based paint, or lead based paint hazards, and the existence of any available records or reports.

* Failure to provide any records or reports.

* Failure to include, as an attachment to (or within) the contract, the Lead Warning Statement.

* Failure to include, as an attachment to the contract, a statement by the lessor disclosing the presence of known lead-based paint, or lead-based paint hazards.

* Failure to include as an attachment, or within the contract, a list of any records or reports available to the lessor that pertain to lead hazard information, or the failure to indicate that no such list exists.

* Failure to include in the contract for lease a statement by the lessee affirming receipt of the information and the lead hazard pamphlet.

* Failure to include in the contract as an attachment, a statement by one of more of the agents involved in the transaction, that the agent has informed the lessor or the lessor's obligations and that the agent is aware of his duty to ensure compliance.

* Failure to include in the contract for lease, signatures of the lessor, agent, and lessee certifying to the accuracy of their statements, as well as dates.

* Failure to retain a copy of the completed disclosure records for no less than three years from the completion date of the lease.

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Then you could threaten to sue and file a complaint with the EPA and HUD and ask them to investigate if they do not release you from the lease in writing and return any deposit to them immediately.

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thanks

Barrister