Lease Option dilemma HELP!

[crcimc]

What is the name of your state? North Carolina

We are in a lease with the option to buy. Our lease has a small part that says we are responsible for nusiance repairs. When we moved in there was water damage to the ceiling downstairs and I asked about it. I was told oh that was from a toilet that overflowed that the last tenants did't bother to fix. Well, when we started pulling down the warped parts of the ceiling the next layer is covered in a black moldy mildew like stuff. Also the Air conditioning doesn't work. I asked the property manager about both and he said that he has no responsibility to fix anything because of that nusiance repair clause. Can a landlord do that legally? If that mold is the harmful kind ( the whole family is and has stayed sick as long as we've lived here) can we get out of the lease if he won't fix it? I need help because I don't want to start ripping down the ceiling and release all those spores but I don't want to continue to live here staying sick either. Help!

 

[Shay-Pari'e]

I have never seen nor heard of that clause being used as such.

This site may help.


http://rds.yahoo.com/S=2766679/K=No...ww.federalrealestate.net/laws/ncstatelaw.html

 

[crcimc]

I looked through that site and can't find anything about what our rights are with that kind of clause. I told him that sinc we are technically renting with only the option to buy shouldn't he be responsible, but he says no. He puts people in homes and wants them to act as homeowners (even though we are not) I just wish I could find out something that I can use to back up breaking my lease if he won't fix things.

 

[BL]

I looked through that site and can't find anything about what our rights are with that kind of clause. I told him that sinc we are technically renting with only the option to buy shouldn't he be responsible, but he says no. He puts people in homes and wants them to act as homeowners (even though we are not) I just wish I could find out something that I can use to back up breaking my lease if he won't fix things.

Call the Property Inspector to come out and inspect .

Don't take this for what I'm stating , but that clause may mean IF you caused the damage the LL is not responsible .

Here you have a pre existing condition . You are entitled to Habitable Living conditions for the rent you pay .

 

[crcimc]

No the LL says it means anything pre existing etc. Our lease says we take property as-is, of course in Jan you don't use the AC and you don't see tons of mold on the ceiling until you start ripping it apart either. We have already replaced carpet that was urine saturated, replaced a broke stove, leaky dishwasher, and had to buy a fridge when we moved in. The last thing I want to do is put out more money for a place that right now I am only renting. We paid $4000 as a deposit/option fee which is non refundable. I thought maybe we should just not pay rent next month so he will evict us, but hubby says no then we have to pay tons of legal fees.

 

[BL]

No the LL says it means anything pre existing etc. Our lease says we take property as-is, of course in Jan you don't use the AC and you don't see tons of mold on the ceiling until you start ripping it apart either. We have already replaced carpet that was urine saturated, replaced a broke stove, leaky dishwasher, and had to buy a fridge when we moved in. The last thing I want to do is put out more money for a place that right now I am only renting. We paid $4000 as a deposit/option fee which is non refundable. I thought maybe we should just not pay rent next month so he will evict us, but hubby says no then we have to pay tons of legal fees.

Don't pay tons in Legal fees .
First Call the Property Code Enforcement Office to File a Complaint .
If there's Mold you want to get out of there if it's a health hazard .

Consult a LL/tenant or real Estate Lawyer for a small fee .

You may even want to e-mail a few in your area , to see if they'll give you a free phone consult . Many are willing to .

Good luck .

 

[Who's Liable?]

yes, do as Blonde states... Call a few Real Estate Attorneys...

You may have shot yourself in the foot by taking the property "as-is", but if the person who sold you the house knew there was water damage from the pervious tenant's negligence, you may have a loop-hole to get out...

 

[crcimc]

This is just a crazy mixed up situation. I understand "buying" the property as is, but as of now we're renting with the "option" to buy. What I need to know is can a landlord put all responsibility on a tenant if they are only renting? I plan to call the health dept and have the ceiling and mold looked at and call the Att. General about what my rights may be. If i get someone to back me I just going to tell him that if he wants to relist the property we will move out, we lose our $4000 dep. We pay $1500.00 per month rent. Only $27 goes toward the cost of the house if we chose to buy. I think we are getting ripped!!! Anyone know how to get a mortgage with crappy credit and no downpayment?

 

[BL]

This is just a crazy mixed up situation. I understand "buying" the property as is, but as of now we're renting with the "option" to buy. What I need to know is can a landlord put all responsibility on a tenant if they are only renting? I plan to call the health dept and have the ceiling and mold looked at and call the Att. General about what my rights may be. If i get someone to back me I just going to tell him that if he wants to relist the property we will move out, we lose our $4000 dep. We pay $1500.00 per month rent. Only $27 goes toward the cost of the house if we chose to buy. I think we are getting ripped!!! Anyone know how to get a mortgage with crappy credit and no downpayment?

You really need a consult w/ a Landlord/tenant Attorney or real estate attorney to look at and go over your Lease/Option .

Does your Contract have any info on a Date the Option is suppose to start IF you chose to buy the House .

Option is Just that an Option ( If you chose to ) , otherwise you are correct , you are still a renter , and I doubt legally any clause that the LL puts in it , is automatically waived , if it's Not legal under the LL/tenant Law .

For the money you have paid/are paying , would $50.00 - $100.00 consult be worth it ?

Just another Q ? , Didn't you have your own Lawyer/ A Lawyer look you Lease/Option over before you signed it ?

 

[crcimc]

Our option agreement was "altered" after it was signed because he didn't have everything filled out correctly. The way the option is setup, we can purchase for the set price anytime, but the lease is for 2 years. They called it a try before you buy. State landlord/tenent law says that a landlord must provide clean safe living conditions and has 30 days from your written request to fix it. I emailed him and got the response that it wasn't his prob. Is that considered written? A consult would definately be worth it my concern is, he knows everyone and has connections everywhere. How fair would they be? We moved here from another state and made the arrangements via his secretary over the phone and internet. We drove down and looked at the house, but at that time they told us we would owner finance and they payment would be $1150 month. When we met with them to go over the final paperwork, we were staying in a local hotel and needed a house asap. That was when we saw all the changes. I questioned them but he said oh, if you want to move in today we need you to go ahead with this agreement, and when i contacted a week later about changing to owner finance he wants $35,000 down payment. Our stupidity was our fault I guess but he really ripped us and took advantage of the fact that we are young and nieve.