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Rented an apartment with the terms to begin Aug 1, 2009. Signed

 
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Customer Question

Rented an apartment with the terms to begin Aug 1, 2009. Signed the lease after seeing the apartment on July 17 but told them I'd move in on July 25. Was told it was a 2 bedroom and the craigslist ad stated as such as well. Upon moving in on Saturday there was a major electrical issue which required an electrician to fix on Monday. Stayed there only Sunday evening. The electrician noticed it was a one bedroom and said that the other didn't qualify since it didn't have a window or door for escape (2nd floor apt). Called the city's building inspector and was told that a bedroom qualified as "every sleeping room shall have at least one openable emergency escape and rescue window or exterior door opening for emergency escape and rescue." I went on Tuesday afternoon and asked to be released from my lease. They refused saying it was a bedroom. I stated that it is not to code to be qualified as nor listed as a 2 bedroom (and it's UNSAFE!) They still refuse to let me out of the lease.

 

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State/Country of Question: Alabama

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I told them that it does not qualify as a 2 bedroom and that should there be a fire (b/c of the electrical problems) that I would be trapped in there with my son. The manager said, "If it's not a bedroom, what is it then?" I said, "A fire hazard." He said, "How can they let us list them a 2 bedrooms then?" I replied, "I don't know seeing as how it's not to code." I have not told them, but I am ready to call the fire inspector, the building inspectors and any and all media outlets to show bad faith. I feel that this lease was signed under false parameters and should be null and void with all monies returned to me.

Submitted: 1025 days and 4 hours ago.
Category: Legal
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  socrateaser replied 1025 days and 4 hours ago.

You will have to ask a code enforcement officer to come out, investigate and then cite the property owner. After that is done, you can vacate the premises and sue the management for misrepresentation, i.e., the property is untentable as a two bedroom, you paid for a two bedroom and received a one bedroom, therefore you are entitled to your money back and damages for the additional cost of finding alternative housing.

 

Hope this helps.

 

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Pos. Feedback: 99.0 %
Accepts: 5957
Answered: 8/1/2009

Experience: Retired (mostly)

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Customer replied 1025 days and 4 hours ago.

Thanks, Socrateaser. I appreciate your time.

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Expert:  socrateaser replied 1025 days and 4 hours ago.

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