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I signed a 15 month lease just recently on Nov 4th. We moved…

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I signed a 15 month...
I signed a 15 month lease just recently on Nov 4th. We moved in later that same day. I was very clear that I was specifically looking for a home with no water damage or plumbing/mold issues, due to a serious health issue. The assured me that the house is as clean as a . house can be, House appeared very clean (new carpets and new paint, etc.)4 bed/4 bath house. Within the first 3 weeks we had a leak under sink, leak behind toilet, windows that don't lock, all 4 toilets "running", a visit from the water district due to non stop water flow to house, the shower door fell off (onto my foot while getting out of shower), all toilets clogging and have to be plunged almost daily, evidence of mold under kitchen sick...(obviously had been painted over, as documented by the mold inspector) evidence of water damage under 4 sinks total, and under dining room and bedroom carpet, even though carpet is new, etc.I have had to pay for 2 mold inspections at this point and have been without various rooms of the house at different times, not to mention my "free property management services" . (JK) . I am supposed to be making a rent pmt (my first after the initial). I emailed a letter documentating all of the issues and the time spent and the fact that the home is not as described, etc. I could not pay my rent on Dec 1st because lease does not have address or bank info, etc. I only have names and emails of owners. They emailed me back and said pay full rent as described in lease. My view is that they have not lived up to their end of the lease, as I certainly did not get what I thought I was getting. I asked for a rent discount until all issues are resolved. They are ignoring me. Mold remediation starts tomorrow and downstairs will be unusable. * . Do I have to pay full rent??? As it turns out, they know about many of these issues before i brought it to their attention, but just didn't deal with things. (apparently they knew there were water issues, and called water district about their bill which was 10 times higher than it should have been, yet never addressed the cause. They simply asked me to put bill in my name and never disclosed. They also (or their painter) painted over the mold, no disclosure. The handy man told me he told them that the shower door was going to fall off, as it is all coroded, but he thought it would last more than 2 weeks. The owner told me all of the toilets had been running, but that he just did not have time to deal with them, etc. Don't they at LEASt have to reimburse me for the $ I spent on mold inspectors, given that my instinct was correct and there is mold?Without access to the kitchen we can not make meals and will have to eat out 3 meals per day. (We are living upstairs only due to mold remediation. Don’t they have to help with this? They say that because they are slowly addressing the issues, all is good. My point is that the house was NOT ready to be leased out, they knew I had sensitivities to mold yet did not disclose any of the water damage issues, and that they are using me as a free property manager. I asked abt water damage and mold prior to signing lease. I feel taken advantage of and don't think this can be legal to hold me to full rent. Is it? They say it is. Rent was due on the 1st but they never even told me where to send it until last night. No address or account info in lease. But, I do need to do SOMETHING today. Thoughts?
Submitted: 6 months ago.Category: Landlord-Tenant
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12/5/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 12,279
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much for your patience. It appears as if you accidentally opted out of this question, but our moderators were on the ball and got you back on. One moment while I respond to your question.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much for your patience. It is likely that you do not have to pay full rent based on the law regarding the habitability of this place.

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability because of the drainage issues and the mold issues. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

What other questions did you have for me today?

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