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I rented an apartment in Tempe, Az. & signed the lease on fri…

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I rented an apartment in...
I rented an apartment in Tempe, Az. & signed the lease on fri Jun 11, 2010. Upon entering the apartment was greeted by roaches and odor. Could not move in. An exterminator was on the grounds. They had him spray and also had the carpet recleaned a second time. Came back sat jun 12 2010. Same issues, and now the obvious odor of a cat previously living here is present and I'm alergic to cats and their odor. This particular apartment has a patio and no other is available on the property until Jul 1. I want out of this lease. Can I be forced to take a disimiliar apartment that I didn't agree to, or be made to wait until Jul to get one? What do I do about my deposit. To add though there was no cleaning deposit the place was terrible. Dead roaches dirty bathroom and stool etc. An answer today is urgently needed. I would like to reach solution by 3:00pm Arizona time before the mngmt. staff leaves today. Thank you very much. Ron
Submitted: 8 years ago.Category: Legal
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Answered in 3 hours by:
6/13/2010
Lawyer: Irwin Law, Attorney replied 8 years ago
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,580
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Ron: Cat urine oder might be incurable without removing the carpet, pad, and refinishing or treating the wood flooring underneath. That unit might never be fit to live in until that's done. I don't believe a court would hold you to that lease under those conditions. If you wrote them a check, tell them to give it back, or you're stopping payment on it in the a.m. The alternative is to wait two weeks until 7/1 for the one with a patio. I wouldn't take the substitute unit that isn't the one you want, because they'll keep you in it and try to force you to accept the cat smell unit even though they haven't solved the problem.

 

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Customer reply replied 8 years ago

 

I mistakenly quoted you an alternate apt available Jul 1, it's actually Jul 31, wich brings me back to ask again, between the roaches and the odor do I have enough of a case

to undo the lease and retain my deposit(money order, no stop pmt option)? 45 days of being "homeless" is very unenjoyable. Thanx

Ron

Lawyer: Irwin Law, Attorney replied 8 years ago

Ron: No one can guarantee you a positive result in going to court. As the saying goes: "You pay your money and you take your chances." I can't believe they haven't ended the roaches, so all you have is a potential cat odor at this time. If the deposit is your life savings and you can't afford to walk away, and be homeless for a month and a half, you might have to bite the bullet and move in. Or tell them you'll move in, but if you have an allergic reaction from the cat pee, your lawyer is standing by to sue their asses off. Their option is to refund your deposit and tell you goodbye.

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