How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33730
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I moved in to an apartment in Davenport IA on Nov 3. I came

Customer Question

Good morning,
I moved in to an apartment in Davenport IA on Nov 3. I came from Victoria BC, Canada.
I found the apartment on line, and all the negotiations were done by email. I spoke with Chris ****, who is the "realtor" and ask him for specifics. When I moved in to the apartment, I have found that it is located above the garage door, and the freight trains cross in front of the apartment. No exaggeration the train is not more than 20 feet from me. The noise is terrible not to mention when it crosses blowing the horn.
I mentioned that to the Rebecca ****, who works for the rental company and she said that I need to get used to it.
I need your professional help. The realtor never mention anything about the location of the apartment. Never said that the area is pretty noisy and has a train rack right in front.
I have signed a contract for 6 months. I am ready to move out! The realtor and his assistant have been very dismissive with my calls. So far I have only paid for the deposit and I do not plan to pay the rent. I am ready to move out and look for a better place.
The dishonesty and lack of integrity of this people is outrageous.
I kindly ask for your help.
Sincerely,
Dr. Claudia ****
Submitted: 30 days ago.
Category: Real Estate Law
Expert:  Barrister replied 30 days 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.

.

I really hate to say it, but the burden is on the tenant to inspect the area and the surrounding neighborhood prior to renting a dwelling and signing a lease to make sure that it is where they want to live. The landlord has no legal duty to go into describing the problems in the neighborhood, crime rates, industrial activity, etc. He just has to provide a habitable dwelling that meets all minimum code and safety ordinances, but that is about it. That is why renting a place site unseen and without checking the neighborhood is always a gamble.

.

With that said, if you were to just break the contract, the landlord has a legal duty to mitigate their damages and try to re-rent as soon as possible. So if you move out and it takes them a month to find a new tenant, then they can only hold you liable for one month's rent..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Related Real Estate Law Questions