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I just moved into an apt last night. They say the lady was…

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I just moved into an...
I just moved into an apt last night. They say the lady was showing me the apt I saw a dead rat outside the dumpster... well I just shook it off as that happens outside at times... before I sighed the contract yesterday I asked the lease agent was she sure there's no mice inside bc I would t move in... she advised that they had no complaintsbif mice inside the apts... she assured me... well last night right outside my window near that dumpster I saw 15!! Rats jumping from the bushes to the tree to the wall into the dumpster... INFESTATION... can I move out and ask for my money back??
Submitted: 11 months ago.Category: Real Estate Law
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7/30/2017
Real Estate Lawyer: Richard, Lawyer replied 11 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,018
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 11 months ago

Good morning. Yes, you can. You absolutely do have a right to terminate and receive all your money back. You have grounds to rescind or break the lease based on one or more of the following: i) the property was not acceptable; for example, if the property was misrepresented as being something it is not or having something it does not have, you may declare a rescission of the contract; and/or ii) if the property had significant defects or other problems, you may also declare a rescission. Your situation essentially satisfies both these elements. A valid rescission will terminate your obligations under the contract. You will need to set forth the grounds in a written notice of rescission to the landlord and return the keys as soon as possible. If your money is not refunded voluntarily, file suit against the landlord. Let the landlord know that if you are forced to file this suit, you will be asking not only for the refund of your money, but also punitive damages for withholding what is due you in bad faith. And, that if he files any negative report against you, you will be adding a cause of action for defamation.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 11 months ago
What is the law to support exercising my right of rescission? I'm going to speak to them today. I was not given a copy of the lease yesterday... it's a standard TAA
Real Estate Lawyer: Richard, Lawyer replied 11 months ago

There are two basis that you have here. One is the common law right to rescind the contract due to the misrepresentation of the apartment. The second is that every rental comes with an implied warranty of habitability. When you have an infestation of rats and mice, both your health and safety are in peril giving you the right to terminate.

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Customer reply replied 11 months ago
Do u know if the right to rescind clause is listed on the contract?
Customer reply replied 11 months ago
Taa
Real Estate Lawyer: Richard, Lawyer replied 11 months ago

Thanks for following up. It won't be in the contract as these contracts are drawn up by the landlord and are not going to lay out your rights as a tenant. But, this is not a waivable right no matter the contract.

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Customer reply replied 11 months ago
What in ur legal opinion would u say would be something to ask for in writing if I tried to work out this situation ... time frame to clear the issue or just leave now?
Real Estate Lawyer: Richard, Lawyer replied 11 months ago

If you wanted to work things out, I would demand that they pay you to live in a hotel with room and board at their expense until they have a professional eliminate the infestation problem. Alternatively, ask for a rent reduction while you live there until the problem is solved since you are not receiving the full benefit of your rental bargain due to the infestation.

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Customer reply replied 11 months ago
Things are about to get serious ...I may have to call u for services... are u in Texas? I am in McKinney Texas
Real Estate Lawyer: Richard, Lawyer replied 11 months ago

I am in Texas. :) Houston

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Real Estate Lawyer: Richard, Lawyer replied 11 months ago

I just wanted to let you know that I am traveling today so my availability will be intermittent. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

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Customer reply replied 11 months ago
Ah perfect.. thank you
Real Estate Lawyer: Richard, Lawyer replied 11 months ago

:)

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Customer reply replied 10 months ago
Gm
Customer reply replied 10 months ago
U has been helping me answer questions about this new place I moved into ...what would be the cost for you to help me write a letter to them. I have to move out immediately as I have tried to work with them but the rat situation has not gotten better and now I have heard them in my apartment walls so I spent my last night there last night I will not be going back how can you help me
Customer reply replied 10 months ago
I have been sending them videos of the rat infestation pictures of the red infestation and also sending them emails regarding the whole situation and releasing me from my contract which they have said they wouldn't let me do until I gave them an opportunity to clear up the matter that almost 30 days
Customer reply replied 10 months ago
Please call me to help me with a letter
Real Estate Lawyer: Richard, Lawyer replied 10 months ago

Hi there. I'll be happy to draft a template of this letter for you, I can do that for you through the Premium Services option offered by JustAnswer. If that would be helpful, let me know and I'll extend that offer and you can then decide whether or not to accept. Fair enough?

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Customer reply replied 10 months ago
pls
Customer reply replied 10 months ago
Will it be on ur attny letterhead?
Real Estate Lawyer: Richard, Lawyer replied 10 months ago

It will not. It will be a template that you would then send yourself.

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Customer reply replied 10 months ago
Ohhh I need meat on the bone
Customer reply replied 10 months ago
Can u wk privately
Real Estate Lawyer: Richard, Lawyer replied 10 months ago

I do have a private practice, but under my terms of service with JustAnswer, I keep my private practice separate from my JustAnswer customers. I'm sorry.

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Customer reply replied 10 months ago
Oh my... I'm lost .. I can't find anyone to help I just need an attny letter bc I found a CLEAN place that I am moving to just put on my deposit and moving expenses and utilities again but I can't have this on my credit or I'll lose my mortgage license
Real Estate Lawyer: Richard, Lawyer replied 10 months ago

I will be happy to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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