Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 8 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
7/30/2017
Real Estate Lawyer: Richard, Lawyer replied 8 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,578
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

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!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Richard, Lawyer replied 8 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!

Ask Your Own Real Estate Law Question
Customer reply replied 8 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 8 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.

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
Do u know if the right to rescind clause is listed on the contract?
Customer reply replied 8 months ago
Taa
Real Estate Lawyer: Richard, Lawyer replied 8 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.

Ask Your Own Real Estate Law Question
Customer reply replied 8 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 8 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.

Ask Your Own Real Estate Law Question
Customer reply replied 8 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 8 months ago

I am in Texas. :) Houston

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Richard, Lawyer replied 8 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.

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
Ah perfect.. thank you
Real Estate Lawyer: Richard, Lawyer replied 8 months ago

:)

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
Gm
Customer reply replied 7 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 7 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 7 months ago
Please call me to help me with a letter
Real Estate Lawyer: Richard, Lawyer replied 7 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?

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
pls
Customer reply replied 7 months ago
Will it be on ur attny letterhead?
Real Estate Lawyer: Richard, Lawyer replied 7 months ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
Ohhh I need meat on the bone
Customer reply replied 7 months ago
Can u wk privately
Real Estate Lawyer: Richard, Lawyer replied 7 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.

Ask Your Own Real Estate Law Question
Customer reply replied 7 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 7 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.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,578
56,578 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I hold a WARRANTY DEED that is granting ownership of a house
I hold a WARRANTY DEED that is granting ownership of a house and property to my brother my sister and myself dated 4 MAR 2004 in the state of Indiana. My sister has since relocated out of state. Do I … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If my apartment was a total loss from fire damage - an i
if my apartment was a total loss from fire damage - an i automaticlly out of the lease? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,356 satisfied customers
In live in texas and have general warranty deed with
in live in texas and have general warranty deed with vendor's lien can i sell the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
On the mortgage or deed but have been paying the mortgage
my name is ***** ***** the mortgage or deed but have been paying the mortgage frm sept.2015 -apr,2018 I don't have I know legal rights but I still want to know if there is anyway that can protect me … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,694 satisfied customers
Before our father died he had a warranty deed filed, without
Before our father died he had a warranty deed filed, without our knowledge, which transferred the ownership of a timeshare into our names. We did not find this out until he passed away. We did not rec… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Tina, I want to know if a utility easement is able to
Hello Tim Hello Tina, I want to know if a utility easement is able to removed … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,694 satisfied customers
Is a loan on real estate legal without a general warranty
Second opinion] Is a loan on real estate legal without a general warranty deed, only a quick claim deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is a loan on real estate legal without a general warranty
Is a loan on real estate legal without a general warranty deed, only a quick claim deed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Reading through a warranty deed, there is a clause that says
Reading through a warranty deed, there is a clause that says "Excepting and Reserving unto the Grantors, their successors and assigns all of the oil, gas and all other minerals in, under and that may … read more
Richard
Richard
Lawyer
56,578 satisfied customers
I was parked on land owned by a utility company. The person
I was parked on land owned by a utility company. The person who called to towing company doesn't own the land. They do own the lot across the street and act like they own the parking spaces. What can … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
I purchased a property with an above ground electric utility
I purchased a property with an above ground electric utility easement. The seller (a land development company) told me the utilities would be underground and electric lines were to be moved and it is … read more
Damien Bosco
Damien Bosco
4,162 satisfied customers
Ray On my warranty deed it specifies the following: “Subject
Ray On my warranty deed it specifies the following: “Subject to the lien of a mortgage to Union Federal Savings and Loan Association dated July 28, 1970, recorded July 30, 1970, as instrument #70-3246… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Ray I located the Warranty Deed and Title Insurance
Ray I located the Warranty Deed and Title Insurance agreement that indicated in writing on the Warranty Deed that the release of mortgage dated for 1970 must be paid by final closing with the proceeds… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,694 satisfied customers
Furnance faied in my rental home, it is under warranty,
Furnance faied in my rental home, it is under warranty, damage was frozen pipes, who is responsible for repair costs … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
300 satisfied customers
A building contractor did water damaged work on my apartment
a building contractor did water damaged work on my apartment and i signed a contract with him and after the work was done he changed the dollar amount to a higher amount. the contract stated not to ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I have water damage in my utility room in my condo. The
I have water damage in my utility room in my condo. The furnace problem is the downstairs furnace vent pipe. The condo association says that the cost to fix the pipe leak and repair the water damage i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x