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I gave first and months deposit to a house in Mt for rental…

Customer Question
I gave first and...

I gave first and months deposit to a house in Mt jackson for rental beginning in Jan 1. The water remains frozen, the place has not been cleaned -- there is mouse poop on the floor and throughout the kitchen, refrigerator filthy, one outlet doesn't work and has wires hanging out of it, and furniture left from previous tenants. The landlord keeps saying she will fix all but has done nothing.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Mt Jackson VA

Lawyer's Assistant: Has any paperwork been filed?

I signed the list, she has not. There was no checklist of damages. Everything has been verbal. I signed the lease not list

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont have a copy of the lease w signatures . it is blank. She did not sign the lease in front of me. She did not offer a formal written inspection. I would like to get out of this lease and vacate the premises because of her failure to make this house habitable. the amount of first and last is $1600 and the check has cleared my bank. Currently I am back with my parents in PA as I could not stand the living conditions - no water, filth, previous tenants furniture and rat droppings though-out.

Submitted: 7 months ago.Category: Real Estate Law
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1/5/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,840
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

Good morning. Does the lease give her any time after the start date to allow her to cure and fix these things?

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Customer reply replied 7 months ago
thank you.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

My pleasure. Does the lease give her any time after the start date to allow her to cure and fix these things?

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Customer reply replied 7 months ago
There was no checklist of damages. It says that it is my responsibility to report repairs; it says I have a month upon move in to report needed repairs -- says nothing about when she needs to get repairs done nor any conditions under which i can't get my deposit/first months rent back. Since it is only 4 days into the rental agreement , i was hoping there was a renters "lemon law" kind of thing is which to back out. Should I take pics of damages and state of house w checklist of same and request a certain time under which i would like the repairs done and ask for money back if not done within stated time ?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

The rental needs to be move in ready. If it is not, the landlord needs to cure it. That is different then repairs that you find once you move in and see that things are not working. If the rental is dirty, not clean and there was furniture left, it would not be move in ready and you could have a basis to not take possession and demand it be cured and the rent be pro rated. Now, once that is done and you move in, the repairs need to be done and if not, they would be in breach and you could have a basis to vacate and sue for damages,

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Customer reply replied 7 months ago
I have a feeling that this landlord is not going to follow through cleaning as she has already asked me to do the cleaning and that SHE offered to help ME! In addition, I have a feeling she does not understand what are normal standards of cleanliness, for example, she has 11 dogs in her home and instead cleaning the house tomorrow she told me that she was going to adopt her 12th dog which would take all day -- however, I could clean the house. How do I get out of this lease?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

You could make your demand that they cure and if they fail to do so, hold them in breach and vacate and turn around and sue. With 12 dogs in the home, there could be a health issue, so you could report her to the county and they can inspect.

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Customer reply replied 7 months ago
What kind of wording do I use for that? Can you give me an example ?
Customer reply replied 7 months ago
The 12 dogs are in her home not the one I’m residing
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

You would want to put the demand in writing and clearly state what the issues are and what needs to be cured. Advise as to what the conditions were when you first moved in and how this was not move in ready and what repairs remain and need to be fixed. This way, you have evidence and they are on notice so if they fail to cure, you have a defense if you vacate.

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Customer reply replied 7 months ago
What about a time frame? Should i specify? Is there a legal time frame that they have to abide by? At this point i just want to vacate the property
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

The time has to be reasonable based upon the extent of the work and repairs, so you can make a demand based upon that.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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