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Question

We moved in to a rental home 6 months ago ($5000.00 deposit and $3600.00/month). Our landlords are a realtor and attorney. We have had problems with the home since we moved in (they did attempt to fix). We continue to have problems. We sent a letter listing all the issues. Since then the landlords have been hostile (calling repeatedly, sending threatening emails, wanting to enter the house at will). They act like we have no rights and we are feeling threatened. Surely we have rights, especially since we pay the rent on time. We'd like to move out. This has become a bad situation. Do we have any rights or recourse?

Submitted: 366 days and 7 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information

Brentwood, Tennessee

Already Tried:
We have tried verbal and written communication. As mentioned, we pay our rent on time. We have asked for reasonable notice to enter the property because we would like to be here.
The landlords are a lawyer and realtor, they live down the street. Their extremely nasty and aggressive manner have us feeling threatened and vulnerable.

Posted by J D Haas 366 days and 7 hours ago.

Answer

Yes, your rights are to negotiate a settlement with the landlord. If that fails, if the problems with the home are significant--if the problems effect habitability or ability to live in the home--then you could sue the landlord for breach of contract as they have not provided a habitable dwelling in which your family can live. If you cannot negotiate a resolution, and if the dwelling is in bad shape, then you can move and sue the landlord for breach of contract. Of course, I cannot guarantee that you will win your case, but that is an option that is available to you. Good luck.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

In the future, if you would like to specifically ask me a question,
you can ask for me in the body of the question.


Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area. I do not have
access to all of the information that a local lawyer has.
The only way that I am legally responsible for your legal rights is
if you have signed a written retainer agreement with my law firm.

366 days and 7 hours ago.

Reply

The house is new constuction. It is lovely, but not constructed well, which accounts for the problems. The landlords want to bring the builders back. Don't they all have a vested interest in denying the significance of the problems? How do you negotiate with a lawyer who is threatening you? They won't allow us to bring our own experts in.

Accepted Answer

1) Yes they have a vested interest in minimizing the problems; however, the homeowner has a strong interest in a well-built home. If the homeowner's home is poorly made, the homeowner will have problems in the future and will have difficulty in renting the home; thus, the homeowner needs to get the home fixed properly.

2) You negotiate with a lawyer by being prepared. Do not agree to any contract without legal review. If you find that you cannot negotiate with the lawyer, then, unfortunately, you need to hire a lawyer to represent your interests.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

In the future, if you would like to specifically ask me a question,
you can ask for me in the body of the question.


Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area. I do not have
access to all of the information that a local lawyer has.
The only way that I am legally responsible for your legal rights is
if you have signed a written retainer agreement with my law firm.

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Expert: J D Haas
Pos. Feedback: 99.0 %
Accepts: 
Answered: 11/22/2008

Lawyer (JD)

21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials

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