Uninhabitable Apartment

[AZnewbies]

What is the name of your state?What is the name of your state? Arizona

I had signed a 6 month lease for a 1 one bedroom apartment. Paid $300 deposit and $650 one month's rent. I didn't check the apartment before I moved in - my fault. However, when I did move in with my family, the new carpet was wet, there was mold on the walls, and mushrooms growing out of the carpet. The broker who helped me get the apt was on vacation and his "secretary" couldn't do anything. She said she had spoken to the broker on the phone, said we had to forfeit our deposit. When we went to the office to turn in our key, she said she's keeping the deposit and one month's rent so that we are not obligated to the 6 month lease. Can we still get our one month's rent back? We didn't even move in.

 

[ENASNI]

um

What is the name of your state?What is the name of your state? Arizona

I had signed a 6 month lease for a 1 one bedroom apartment. Paid $300 deposit and $650 one month's rent. I didn't check the apartment before I moved in - my fault. However, when I did move in with my family, the new carpet was wet, there was mold on the walls, and mushrooms growing out of the carpet. The broker who helped me get the apt was on vacation and his "secretary" couldn't do anything. She said she had spoken to the broker on the phone, said we had to forfeit our deposit. When we went to the office to turn in our key, she said she's keeping the deposit and one month's rent so that we are not obligated to the 6 month lease. Can we still get our one month's rent back? We didn't even move in.

a housing inspector would have been nice to back you up, what kind of documentation do you have? I think you should have gotten the rent back. Maybe others will respond, but I am going to bed.
good luck

 

[AZnewbies]

I do have pictures of the mold and mushrooms. The plumbers and painters came in and saw the mushrooms and felt the wet carpet. The plumbers even punched holes in the walls because of all the mold and deterioration.

 

[fairlight]

I hope Arizona law will permit you to take action against the broker.

 

[fauve4]

City Codes

You should check your city codes on housing standards. Most city's have codes in place and requirements for housing standards. Most towns require that a landlord deliver their housing good "habitable" condition. If you can prove, and it sounds like you have pictures and witnesses, that the apartment was not habitable I think you absolutely have a right to your rent and deposit back. It's not like there was a small problem here... moldy / mushroom infested carpets are a health hazard. It is a landlords requirement by law to make sure their units are habitable (and as a reputable honest landlord people like that make me so mad!) I would absolutely pursue your case in small claims court because I believe you would win this case. Of course, I suggest you contact an attorney as well... most attorney's offer a free "initial consultation".

Good luck to you!