What a discouraging day. No, really. I don't think I've felt this down in a very long time. At least Dan had some good advice for us :o\
This is a contract is nowhere as in-depth as the ones I used. It is basically
boiler plate. Line 3 of the contract could give you an out. Read the whole
paragraph particularly where it says you have 2 weeks to notify them of any
defects. Go through the house top to bottom. Note every scratch, ding,
stain, chip in the tub or sink, door that stick, water leaks, places where
water has leaked before, check all of the smoke detectors and photograph or
video tape the entire house. Look for mold. Note it down.
Also in the same paragraph the line at the bottom of page one where it
states "In the event the owner or Owner's Broker is unable to deliver
possession of the premises to the tenant for any reason, including, but not
limited to failure of the previous tenant to vacate Premises or partial or
complete destruction of the Premises, Tenant shall have the right to
terminate this Agreement....." You have to assume that the gas leak would
qualify as not being able to deliver a habitable home. This may get you out
of the lease. BUT if you do stay and agree to the repairs you are on the
hook for a year. You may be able to scramble out of it by paying for
advertising to get a tenant to move in the day after you move out but that
could be expensive.
My recommendation is to ask yourselves whether this house will work for you
if everything or MOST everything is in working order. If the answer is yes
then work with the landlord to repair everything and credit you for the days
you are not able to live there. Do NOT tell them you have a month left on
the other place. They could delay fixing things and then drive you to the
point of having to accept the house because you are forced to move from the
one you live in.
If your answer is no, then try and get out with the undeliverable premises
clause based on the gas situation and the left over pests that were not
cleaned prior to you moving in. In the mean time try and find the website
for the State or Federal fair housing commission. HUD (Housing and Urban
Development) would be a good start. They take complaints and follow up on
them. A quality Property Management Company doesn't want a HUD complaint to
be registered against them because it becomes public information and drives
new clients away from them.
This should get you started. But remember: READ THE ENTIRE CONTRACT
Tonight! Every line, paragraph and make sure that all of the disclosures or
handbooks they referenced you received, you actually got!
Good Luck
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