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Landlord misrepresented house with mold being condemned
- Thread starter jbrock183
- Start date
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Did you use the preview button ? if you did then its still broke and you should not use it again, In the time being it is important that you include your state name you know the fifty states fifty sets of laws thing then can you tell us if you contacted your city housing inspections desk to get a copy of any recent reports they wrote out ?
State - Kentucky
What is today - January 29, 2017
I am renting a house that was advertised as a four bedroom house. However, there's only one very small closet in the entire house. The landlord was actually counting the attic as a bedroom.
We were supposed to move in on December 17, 2016. We weren't able to move in until January 4th because there were several issues like a pile of trash in the back yard that we have a confirmed is a violation of city ordinance. The water was running like mud and the shelf under the kitchen sink was rotting out and there were several places around the doors and windows that needed insulation, and the door needed framing. After charging us rent on December 17th and a deposit, he said he would fix everything to be move-in ready.
We rented a Uhaul and moved in on January 4th when he assured us the place was move-in ready. The outside was covered in dirty vinyl and the yard was full of dead overgrown grass with mud, which seemed as if it was something that could be fixed with a pressure washer and a little work. He also said he would have the upstairs carpet cleaned.
When we moved in we found the only repair he had made was to replace the flooring under the kitchen sink.
The night we moved in there was a snow covering the ground and the temperature was somewhere around 20° during the daytime and below zero during the night. We found the central air unit did not work so we were left with no heat. We notified him immediately, and he said he would get it taken care of on his next day off from work.
We had no heat until January 20, 2017.but it runs almost 24/7. It was so cold in doors that one morning my partner stepped into the shower and slipped and fell because the bottom of the tub was covered in a sheet of ice.
We contacted him on a daily basis explaining the urgency of having no heat in the middle of winter. He said contacting him while he was at work was harrassment. Even before the heat was fixed he had his attorney sent us a letter stating that we were not to contact him anymore about repairs while he was at work.
I contacted the human rights committee and the enforcement of city ordinances. Within a few days contractor came out and assessed the property as being unsuitable for housing and the place would be condemned. We are now on a very short notice to evacuate the premises right away so the house will be condemned once we leave.
We later discovered he had deliberately covered mold with duct tape and painted over top of it. We also found the water pipes for the washer was leaking next to an uncovered outlet for the dryer. At the time The dryer outlet did not work, so we went approximately a week without being able to do laundry. While the contractor was here he stated there was a very unstable foundation and it was illegal for him to take money from someone for renting such place, especially after he had assured us the place was move-in ready.
He has refused to take precautionary measures for treating the mold because and he has forbidden us to contact him again. Even after we attempted to send messages regarding health related repairs that needed to be made to his attorney, he has refused to uphold his responsibility according to the lease that only the landlord would make repairs are significant changes to this condemned house.
He has not been notified that this place will be condemned and has consistently replied that he will take care of these issues at his own convenience.
We were awaken without notice by HVAC repairmen on January 19, 2017 to fix the heating situation. When I returned home on the 19th I went down to the basement to find that the electrical breaker box was uncovered with naked wires exposed, and the floor of the basement was flooded and running out of the basement. On my way out of the basement, and after having flipped all of the switches on the naked breaker box, I fell in a pool of mud and injured my back. My partner still has constant pain in his leg and hip after falling in the tub.
It has been confirmed that our water coming from the kitchen washer and sewage are running into the basement.
He continues to respond with a debate that he will get to these things at his uncle pinions and that because he is an EMT, our messages have caused him to almost place an IV " all the way through someone's arm".
However, he has not neglected to stay in touch saying that we need to pay rent for the month of January, and completely disregarding the hazardous his shoes that need to be attended to as soon as possible.
His reply is only a repetition of what I have previously stated and with threats to evict us if we continue to insist he repair these issues.
This is insane. What can I do? He has made our life miserable for the past 3 - 4 weeks.... after his threat to take us to Civil Court and I hope he does. Do I need an attorney?
What is today - January 29, 2017
I am renting a house that was advertised as a four bedroom house. However, there's only one very small closet in the entire house. The landlord was actually counting the attic as a bedroom.
We were supposed to move in on December 17, 2016. We weren't able to move in until January 4th because there were several issues like a pile of trash in the back yard that we have a confirmed is a violation of city ordinance. The water was running like mud and the shelf under the kitchen sink was rotting out and there were several places around the doors and windows that needed insulation, and the door needed framing. After charging us rent on December 17th and a deposit, he said he would fix everything to be move-in ready.
We rented a Uhaul and moved in on January 4th when he assured us the place was move-in ready. The outside was covered in dirty vinyl and the yard was full of dead overgrown grass with mud, which seemed as if it was something that could be fixed with a pressure washer and a little work. He also said he would have the upstairs carpet cleaned.
When we moved in we found the only repair he had made was to replace the flooring under the kitchen sink.
The night we moved in there was a snow covering the ground and the temperature was somewhere around 20° during the daytime and below zero during the night. We found the central air unit did not work so we were left with no heat. We notified him immediately, and he said he would get it taken care of on his next day off from work.
We had no heat until January 20, 2017.but it runs almost 24/7. It was so cold in doors that one morning my partner stepped into the shower and slipped and fell because the bottom of the tub was covered in a sheet of ice.
We contacted him on a daily basis explaining the urgency of having no heat in the middle of winter. He said contacting him while he was at work was harrassment. Even before the heat was fixed he had his attorney sent us a letter stating that we were not to contact him anymore about repairs while he was at work.
I contacted the human rights committee and the enforcement of city ordinances. Within a few days contractor came out and assessed the property as being unsuitable for housing and the place would be condemned. We are now on a very short notice to evacuate the premises right away so the house will be condemned once we leave.
We later discovered he had deliberately covered mold with duct tape and painted over top of it. We also found the water pipes for the washer was leaking next to an uncovered outlet for the dryer. At the time The dryer outlet did not work, so we went approximately a week without being able to do laundry. While the contractor was here he stated there was a very unstable foundation and it was illegal for him to take money from someone for renting such place, especially after he had assured us the place was move-in ready.
He has refused to take precautionary measures for treating the mold because and he has forbidden us to contact him again. Even after we attempted to send messages regarding health related repairs that needed to be made to his attorney, he has refused to uphold his responsibility according to the lease that only the landlord would make repairs are significant changes to this condemned house.
He has not been notified that this place will be condemned and has consistently replied that he will take care of these issues at his own convenience.
We were awaken without notice by HVAC repairmen on January 19, 2017 to fix the heating situation. When I returned home on the 19th I went down to the basement to find that the electrical breaker box was uncovered with naked wires exposed, and the floor of the basement was flooded and running out of the basement. On my way out of the basement, and after having flipped all of the switches on the naked breaker box, I fell in a pool of mud and injured my back. My partner still has constant pain in his leg and hip after falling in the tub.
It has been confirmed that our water coming from the kitchen washer and sewage are running into the basement.
He continues to respond with a debate that he will get to these things at his uncle pinions and that because he is an EMT, our messages have caused him to almost place an IV " all the way through someone's arm".
However, he has not neglected to stay in touch saying that we need to pay rent for the month of January, and completely disregarding the hazardous his shoes that need to be attended to as soon as possible.
His reply is only a repetition of what I have previously stated and with threats to evict us if we continue to insist he repair these issues.
This is insane. What can I do? He has made our life miserable for the past 3 - 4 weeks.... after his threat to take us to Civil Court and I hope he does. Do I need an attorney?
Gail in Georgia
Senior Member
"We are now on a very short notice to evacuate the premises right away so the house will be condemned once we leave."
Once Code Enforcement has condemned a house and told the tenants to evacuate they no longer need to pay rent. Focus on finding another rental property.
Keep ALL the documentation you have received from Code Enforcement. Should this landlord be stupid enough to attempt to sue you for breaking your lease or failing to pay rent this documentation will be your evidence that the house was condemned and you had to evacuate. If need be, the representative from Code Enforcement can be subpoenaed in court to testify regarding this matter.
Gail
Once Code Enforcement has condemned a house and told the tenants to evacuate they no longer need to pay rent. Focus on finding another rental property.
Keep ALL the documentation you have received from Code Enforcement. Should this landlord be stupid enough to attempt to sue you for breaking your lease or failing to pay rent this documentation will be your evidence that the house was condemned and you had to evacuate. If need be, the representative from Code Enforcement can be subpoenaed in court to testify regarding this matter.
Gail
Do I Have Legal Rights to Sue
The past month has been horribly stressful. My partner has been injured by falling in the shower with a sheet of ice covering the bottom of the tub. I have fallen coming out of the basement with raw sewage running out. The mold has affected my health, by causing my asthma to return. My dog has severe allergies and is chewing himself raw from the mold. He has threatened to take legal action if we ask to have the heat repaired. I've lost income because of hours spent trying to have him uphold his responsibilities as a landlord. Now I will be placed under even more financial stress having to move again, not even a month later than moving into this hell hole.
Shouldn't I be able to sue him?
The past month has been horribly stressful. My partner has been injured by falling in the shower with a sheet of ice covering the bottom of the tub. I have fallen coming out of the basement with raw sewage running out. The mold has affected my health, by causing my asthma to return. My dog has severe allergies and is chewing himself raw from the mold. He has threatened to take legal action if we ask to have the heat repaired. I've lost income because of hours spent trying to have him uphold his responsibilities as a landlord. Now I will be placed under even more financial stress having to move again, not even a month later than moving into this hell hole.
Shouldn't I be able to sue him?
I get it that your angry with the landlord but at this point and first reaction of many is to want to sue , but what is the point? the city has ended any further harm to you by telling you to vacate as part of a condemnation order . In the USA people threaten to sue all the time, the landlord , he threatened legal action as a way to try to get you to shut up. Well people threaten to sue all the time, even when they have no real claim. As to you , well its entirely possible that this landlord is already at the brink of financial disaster, Your own harm was ended with inspections , if there were injuries see a Lawyer but keep in mind it may be more hassle than its worth and I say that because if it is not obvious to you it should be , the LL doesn't have any money or the LL would have filed for a eviction hearing about your unpaid rent. At this point if he sues you use your copies of the condemnation order against the landlord in court as your reason to not pay any more and bring your proof of what you did pay for your deposit to court and let the former landlord look like a horses backside In court. At this point yes its a hassle to have to move all over again but now you wont move in to a rental that is not in good shape but instead take pictures and reject it in the future? Next time around if a landlord does not address a serious repair like heat not working you know to call inspections a lot sooner. Keep in mind that even if you managed to successfully sue the LL collecting is another matter. ( at this point if you had not paid your January rent I would suggest you just let it go , I too in the past had numerous Judgments against former tenants and not once did I ever see a dime and in fact one former tenant listed unpaid rent in a chapter 7 bankruptcy)
Gail in Georgia
Senior Member
"Shouldn't I be able to sue him? "
Sure but if he hasn't fixed a rental property that is at the point where it's condemned it's likely he has no funds for anything.
Keep in mind if you sue and win a judgment it would still be up to you to attempt to collect this money. The court will only grant the judgment, not make the landlord pay you these funds.
Gail
Sure but if he hasn't fixed a rental property that is at the point where it's condemned it's likely he has no funds for anything.
Keep in mind if you sue and win a judgment it would still be up to you to attempt to collect this money. The court will only grant the judgment, not make the landlord pay you these funds.
Gail
Clarification Request
I understand. I'm no legal expert but I have consulted with others who have stated I have a legal claim based on 5 reasons. While I live in an area with no actual enforcement of tenant rights, based on text, emails, and a lease that he admitted he bought at Office Depot. I have been advised that I have a Civil Case for:
1. The guilty party (I.e. Landlord) entering into a 'contractual agreement' in the 'form of a lease' proving intent to obtain financial gain for suitable housing, which he violated from day one.
2. Injuries (x2) sustained due to neglect and deception.
3. The landlord's 'breach of contract'.
4. The landlord's refusal to provide heat for 16 days during the winter.
5. The landlord's threat to evict us, insisting his primary job was a valid reason for not following through with the requirement to provide heat (according to our contractual agreement )
6. Health issues caused by mold after falsely stating there was no mold.
7. Knowingly accepting and insisting on financial gains by charging a security deposit for unsuitable and hazardous housing while refusing to speak with or respond to the local office of Human Rights.
I am 43 years old and this is the first time I've ever had an experience like this with a landlord. I have a tendency to be overly trusting of others, and have the integrity to expect that people will uphold there promises.
While my own personal characteristics alone are not cause to expect legal justice, am I understanding correctly that we live in a world where one will most definitely be held accountable in court for rolling through a stop sign, while simultaneously ruling against a claim for neglect causing hazardous living circumstances with injuries caused by this type of neglect?
I understand. I'm no legal expert but I have consulted with others who have stated I have a legal claim based on 5 reasons. While I live in an area with no actual enforcement of tenant rights, based on text, emails, and a lease that he admitted he bought at Office Depot. I have been advised that I have a Civil Case for:
1. The guilty party (I.e. Landlord) entering into a 'contractual agreement' in the 'form of a lease' proving intent to obtain financial gain for suitable housing, which he violated from day one.
2. Injuries (x2) sustained due to neglect and deception.
3. The landlord's 'breach of contract'.
4. The landlord's refusal to provide heat for 16 days during the winter.
5. The landlord's threat to evict us, insisting his primary job was a valid reason for not following through with the requirement to provide heat (according to our contractual agreement )
6. Health issues caused by mold after falsely stating there was no mold.
7. Knowingly accepting and insisting on financial gains by charging a security deposit for unsuitable and hazardous housing while refusing to speak with or respond to the local office of Human Rights.
I am 43 years old and this is the first time I've ever had an experience like this with a landlord. I have a tendency to be overly trusting of others, and have the integrity to expect that people will uphold there promises.
While my own personal characteristics alone are not cause to expect legal justice, am I understanding correctly that we live in a world where one will most definitely be held accountable in court for rolling through a stop sign, while simultaneously ruling against a claim for neglect causing hazardous living circumstances with injuries caused by this type of neglect?
you wrote > but I have consulted with others who have stated I have a legal claim based on 5 reasons. < 1. The guilty party (I.e. Landlord) entering into a 'contractual agreement' in the 'form of a lease' proving intent to obtain financial gain for suitable housing, which he violated from day one. < Lets look a bit more at this, SO you know there is no governmental agency that verifys that housing is in safe good condition before a tenant moves in SO you finally called inspections and they have addressed it via condemnation, DO you get any thing back , your deposit is what you would be entitled to if your states laws do not allow landlords to use it for something other than physical damage. You wrote >2. Injuries (x2) sustained due to neglect and deception. < your not going to get anything because of a deception claim but as you were told earlier , go see a Injury attorney about the injury. ( You wont get any thing for a deception issue because the remedy was already done, condemnation and governmental agent saying no one can live there any more) You wrote >4. The landlord's refusal to provide heat for 16 days during the winter.< this issue was solved via inspections order and might have been solved sooner had you called inspections one to two days after LL failed to repair it. You wrote >6. Health issues caused by mold after falsely stating there was no mold.< so was there anything in writing that promised or certified there was no mold in the house ? consequence to the LL , condemnation ! YOu wrote >7. Knowingly accepting and insisting on financial gains by charging a security deposit for< lets split this one up, money gain, Really ? the LL now has a property that is under condemnation order that NO one else can live in and the LL collected 13 days of rent from you and even if you did not move in until Jan 4 you still didn't pay January rent so you are free to sue for your deposit funds IF the LL doesn't follow your states laws for damage deposit dispositions and unless your state or local law speeds up deposit refunds when there is a condemnation order then you will have to wait for the amount your state laws give to landlords to address deposits when someone moves out. Last part of your number 7 , you wrote > unsuitable and hazardous housing while refusing to speak with or respond to the local office of Human Rights< landlords don't have to speak to any governmental authoritys short of a court order that says they have to talk, so your former landlords consequence is that the property is now going to be condemned and if he wants to use it again he wont have a choice but to fix what they order him to and in some places condemnation also means that the city will shut off water and order the electric and gas to be cut off and if the former LL doesn't have the money to fix it up then I guess he will have to let it go to foreclosure or sell it to someone else who can fix it . SO read what your states laws are about damage deposit refunds and if you must then go talk to a Injury attorney. In fact use the links above and arrange for a consultation if think there might be more to get than what I already mentioned. ( Have a good night, since Its my bed time)
Loss of wages/Health Hazards/Out of Pocket Expenses
Is it really okay for a landlord to fail to uphold his part of the lease, causing 'avoidable' loss of finances, and actual physical harm due to life threatening dangers (confirmed in writing by local housing authority) that have caused and will continue the need for ongoing medical treatment?
When a woman can find a lawyer that litigates a case because her tongue was burned by a pickle on a burger from McDonald's and earns a legal settlement of millions of dollars, is there seriously no lawyer that can win a case that has literally destroyed an entire household safety and quality of life?
Is it really okay for a landlord to fail to uphold his part of the lease, causing 'avoidable' loss of finances, and actual physical harm due to life threatening dangers (confirmed in writing by local housing authority) that have caused and will continue the need for ongoing medical treatment?
When a woman can find a lawyer that litigates a case because her tongue was burned by a pickle on a burger from McDonald's and earns a legal settlement of millions of dollars, is there seriously no lawyer that can win a case that has literally destroyed an entire household safety and quality of life?
Gail in Georgia
Senior Member
"When a woman can find a lawyer that litigates a case because her tongue was burned by a pickle on a burger from McDonald's and earns a legal settlement of millions of dollars, is there seriously no lawyer that can win a case that has literally destroyed an entire household safety and quality of life?"
Please stop with the melodramatics.
This woman didn't win "millions of dollars". She didn't even sue for that much (just over $100K). McDonalds settled for an unknown amount just to make her go away.
You're not dealing with a big corporation here. You are dealing with a landlord. You'd have to prove to a judge your claim of "life threatening dangers that have caused and will continue the need for ongoing medical treatment".
Are you still residing in this condemned rental unit?
Gail
Please stop with the melodramatics.
This woman didn't win "millions of dollars". She didn't even sue for that much (just over $100K). McDonalds settled for an unknown amount just to make her go away.
You're not dealing with a big corporation here. You are dealing with a landlord. You'd have to prove to a judge your claim of "life threatening dangers that have caused and will continue the need for ongoing medical treatment".
Are you still residing in this condemned rental unit?
Gail
Speak to a attorney about injuries but as to the homes condition the consequence is already there, as to loss of any thing else like say wages or your life being disrupted with having to move again and loss of wages , things happen, things go wrong, the house could have been shredded by a tornado and you would have been moving again. I know this is not what you really hoped to hear, and If a Attorney leads you to think this is a form of landlord tenant instant lotto /jackpot its not and the one thing you may be able to recover would be the damage deposit and since physical injury is a whole other animal talk to a Attorney and keep in mind that the guy who rented that place from is not going to be able to re rent it with out putting a huge chunk of money into it.