House at move-in not up to standards of cleanliness at move-out described in lease

[ColoradoTenant]

I just signed a lease for a house. The lease dictates that certain things must be done upon move out, such as hiring professional cleaners to do the hardwood floors and carpets, for example. The carpets are brand new, but the floors are in bad shape and were obviously not cleaned by the previous tenants. It's clear that in the past they have been used as a base for carpets, in one case there are staple tracks going straight down the middle of the room, there are dents, paint, gummy substance, burn marks etc... The lease states that even improvements can be seen as damage, so I worry about doing anything to these floors, and I also worry about being charged for the floors being replaced upon move out, as they were obviously not professionally cleaned before we moved in.

There are other things wrong with the house. For example, we discovered that the carport was converted to be an add-on sunroom, and the air return there connects directly to the crawl space. We have already observed mice entering the house through this vent, and there are mouse droppings in kitchen cupboards and behind the washer.

Several lights in the house are not wired correctly, indicated by not turning on with fresh bulbs, and the panels for the electrical outlets do not properly cover the holes in the sunroom, making me wonder if it was ever inspected by an electrician.

The ventilation ducts throughout the house are filthy. I believe this is a fire and health hazard. In one case, the filter behind a vent was caked with dust, and the vent was apparently spraypainted, effectively clogging the vent. When confronted, the landlord immediately said "that was supposed to be done" and that he'd have someone look at it early in the following week (move in was on the Saturday of a three day weekend).

We have read the city code and read our lease thoroughly. Several, if not all of these items, are covered in different areas of the code. He has made verbal promises to deal with these issues (electrical, vents, cleaning, swamp cooler, light fixtures, and more) but under the lease he has no responsibility to maintain the house short of endangering the status legally livable. The city's recommendation is to not make an issue about legally livable conditions except for in extreme cases, using a collapsed roof as an example. Because of these problems we have not moved in yet, but two of us don't have a place to live right now and are "couch surfing." Are we giving up any legal power by moving in now, and what kinds of things does the law state he has to do?

 

[Hot Topic]

Sounds like you did a thorough inspection of the house. Unfortunately for you, you did it after you signed the lease.

 

[ColoradoTenant]

Sounds like you did a thorough inspection of the house. Unfortunately for you, you did it after you signed the lease.

I am asking about my landlord's broader legal obligations according to city and state ordinance. I don't understand how your point provides clarification. Thanks...

 

[BL]

I am asking about my landlord's broader legal obligations according to city and state ordinance. I don't understand how your point provides clarification. Thanks...

Apparently you already know , or appear to know ordinances .

Just because someone told you not to make a big fuss on smaller issues , does not mean you do not have a right to file a report .

As far as some other non code issues with your lease , these issues should have been brought up and noted ( through a walk through with the landlord ) and signed off on by at least the landlords signature , before signing the lease .

Now you should request the landlord sign an addendum to lease , signed and dated , not making you responsible for the floor , etc .

Why cant a piece of screen be put in the return duct , to prevent critters from entering , new filters ( or cleaned ) , not that big of deal . Some issues are DIY .

The dirty duct work . I know of no codes coving this .

Unless the place is inhabitable according to codes , your lease is valid .

 

[Who's Liable?]

There is nothing the OP states that makes the unit uninhabitable.

Op should have done a more thorough check of the rental unit prior to signing the lease as stated before.

Not moving in does not release the OP from the lease. Since they have already signed the lease, they must pay now.

OP needs to make a list, along with pictures of all the problems and forward them to the LL. Additionally, OP needs to stop talking to the LL, and demand they fix certain problems via writing sent CRR. That way there is a paper trail.