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LegalEagle1
LegalEagle1, Attorney
Category: Legal
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Experience:  Practicing attorney licensed for over 23 years.
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i signed a lease less than 12 hours ago i went to the property

Customer Question

i signed a lease less than 12 hours ago i went to the property and there were problems we did not know about can we get out of the lease and get our money back??
Submitted: 1 year ago.
Category: Legal
Expert:  LegalEagle1 replied 1 year ago.

Hello and welcome to JustAnswer. I would like to assist you with your question today.

What sort of problems are you talking about?

Are the obvious problems?

Why did you not see them prior to signing the lease?

Also was the landlord aware of them?

 

Is this a commercial lease or residential lease?

 

Also does the lease include any warranties or language regarding rescission or termination?

Customer: replied 1 year ago.

we found that there is no hot water in the kitchen sink, so we followed the garden hose that is hooked up to the hot water heater, you have to turn a valve on the water heater to get hot water in the kitchen, this i feel is extremely dangerous as that hose could pop from the heat and not only leak but floos the whole house as it goes through the attic, there is a clog in the sink he said would only need draino, we tried that to no avail , he said jack my husband knew of this which he did not, the landlord knew i had not been in the house and had jack go to the bank to get a certified check as he said that he could not take a personal one so i felt what i was signing jack knew of so i feel i was taken for a big ride, the property needs work but we did not know of these problems , it is a residential lease , i know florida has some buyers remorse laws and was wondering if this falls in that catagory, the lease says if we break it we are resposible for all the money

Expert:  LegalEagle1 replied 1 year ago.
Thank you for the additional information.

The plumbing situation you have described most certainly would violate your local building codes. Your options are to demand the landlord fix the plumbing problems. Also you can report the violations to local housing authority, in addition to ordering the owner to make repairs there is the possibility that they would revoke the occupancy certificate during the meantime. This would essentially mean that owner would not be able to lease or allow anyone to occupy the premises until repairs had been completed and the unit passed inspection.

You can also sue the owner for fraud and request the court to award the money you paid the owner along with punitive damages. You would alleged that owner while aware of the problems with the building represented to you the residence was in good working order and that there were no problems. Relying on the owners misrepresentations you entered into the lease agreement and paid him the money. After doing so you discovered the fraud.

You should take photographs of the problems so you can use them as evidence if you decide to pursue a legal action to recover the money.

If you decide to walk away from lease, you will want to have the photographs to show the problems along with any evidence showing that the owner refused to repair the problems.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Expert:  LegalEagle1 replied 1 year ago.
I enjoyed answering your question a few days ago regarding your lease problems. I just wanted to contact you to see if you needed any further assistance.

Also if you have not yet rated my answer, please do so. This the way I receive credit for my work.

Thanks.

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