As I wrote before, we have signed a lease on a condo which the landlord claimed was "fully furnished" - though it has just a few furniture pieces & some kitchenwares - the landlord admits that they just bought some furnishings left behind by the previous tenant - all filthy, in terrible condition, $0 fair market value (we have our own nice furniture, etc)... we took pictures, the furnishings are not even suitable for donation, only bulk waste - landlord admits in writing that the previous tenant misrepresented the condition of the junk left behind - the landlord is asking US, yes US, to sell the junk and give them what they paid for it, no matter what we sell it for/ put it in the trash - otherwise, they are demanding that we keep the junk in the condo... QUESTION 1: can the landlord force US to live with the junk or reimburse THEM for the junk left behind/ sold to them by the previous tenant ?? 2. WE HAVE NOT YET SIGNED OFF ON THE "INVENTORY LIST" - what should we do/ not do to preserve our rights at the end of the lease if we haul everything off to bulk waste ????
State/Country relating to question: Hawaii
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.If the unit is not vacant then your landlord is in breach of the lease and you can sue the landlord for breaching the lease. Itis not your responsibility to deal with the junk left behind. You can give notice to the landlord that unless he cleans out the apartment you will have the junk cleaned out of the condo and sue the landlord for the cost of moving the junk and the storage of your own furniture.
Aloha - to clarify, the Lease we signed indicated that there would be furnishings in the condo subject to an "Inventory List" we must sign off on before we move in... We are on the ocean below Diamond Head, this is known as the "Gold Coast" - so we were horrified that the "furnishings" were refuse/ waste/ junk - we were allowed in to the unit to preview & we took extensive photos - showed them to the Property Manager, who agreed that they are basically junk, but the PM claims that the condo owner is demanding we reimburse HER if we get rid of the junk, otherwise we have to live with the junk (which we WON'T do - it is unhealthy/ filthy)... HOW SHOULD WE HANDLE THE "INVENTORY LIST" & WALKTHROUGH before we move in ?? SHOULD WE PUT SOMETHING IN WRITING ??
The list and condition of the property should be inventoried and photographed. Both you and the landlord should sign off on the inventory.The other possibility is to move the inventory into a storage locker, at your expense since it is in the lease, and then move it back at the end of your lease.
Over 25 years of legal experience.
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