Just moved in…

By Amy Taylor

hello my name is amy and i just rented a 2 bdrm home. when i moved into the home there were a few problems that needed to be resolved but i had to move into it in that condition because of the time factor. its been a week since i moved into the home. a week ago when i went to have the gas turned on there was a gas leak in the underground pipes and alot of water leaks in the main under the home. there is currently no heat or hot water in the home because they have not had anyone out to fix the problem as of yet. granted i know there is snow on the ground now but they have known this since around last wednesday they could have fixed it before the snow. the home also was never cleaned or the carpet installed in the livingroom which i kept being told that will be done tomorrow with everything that needs to be done. i have three children i am a single mother so i had to move in asap or basically live in the street. i paid for this house in advance for the rest of the month about 2wks ago thinking that i would be moving in on jan 9th but did not move in till the 14th and as i stated those things still are not fixed. i just finally got running water yesterday morning. basically what i want to know is what rights do i have in this situation and what can i do about it?

thank you in advance for your time…

sincerely amy

Edited on: Tuesday, January 20th, 2009 12:12 pm

4 Responses to “Just moved in…”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

amy taylor

January 20th, 2009 12:13 pm

ps i call this woman quite a few times a day about all the problems.


amy taylor

January 20th, 2009 12:14 pm

also it says im in CA but im not im in Indiana.


Scott

January 20th, 2009 3:28 pm

Hi Amy,
Wow, you sure have gone through a lot of problems. In fact there are specific laws that protect you from having to remain in the home, however it sounds like you need a place to stay and are more concerned about fixing the problem than moving, right?
On this Renter advice blog I commonly see renters throw out a legal term: “Warranty of Habitability” or they claim a “Breach of warrranty of habitability”
Usually there claims are not considered a “Breach of warranty of habitability” as they claim. To understand better, every landlord that chooses to rent out a property is automatically responsible for providing a safe and habitable place. The government will not allow a landlord to rent out a dwelling that is un-safe or non-habitable.
Based on what you’ve described, it sounds like you are living in a home that would fall under the guidelines of un-inhabitable, and therefore should be able to prove a breach of contract. This breach can allow you to vacate the premise without further legal damages or penalties. But just because you are a victim of such, doesn’nt give you the automatic right to move. For that you will need to create a legal paper trail.
TO FIX THE PROBLEM:
It’s obvious the landlord is failing to comply with their responsibilities to provide a habitable rental home, so now you need to see that your rights are being met… To do so, you will most likely need the help of professionals. The best option would be for you to hire an attorney, however this is costly and can take forever. The next best option to dealing with a rental problem is to file a complaint through the Rental Protection Agency. The Agency will put you in touch with an investigating agent whom will work to help resolve the problem. The process the RPA uses is “Landlord Mediation,” the mediation is technically free, but you will have to come up with a $35 processing fee.
That’s what I suggest! Good luck to you! God bless.


anonymous

January 20th, 2009 7:44 pm

Scott is right about your landlord. It seems they have breached the implied warranty of habitability. You should be able to vacate or demand timely repairs. I would avoid hiring an attorney, it will probably add to your frustration. If the RPA landlord complaint (mediation) doesn’t work, you should be able to take your landlord to small claims court– of coarse as a last resort. Try the complaint first.


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