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Breaking a lease, and real estate fee refund

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D

discostu

Guest
I found and rented an apartment through a Century 21 Realtor. When I originally saw the apartment it was very dirty and messy, as the tenant at the time obviously had never cleaned anything. However I need to get an apartment and I was told it would be both painted and cleaned. I took the place (it is a below ground unit) and signed a 1 year lease. When I picked up the key the landlord told me that “he tried to clean up the place as best he could”. When I arrived the place had not been painted and if it was cleaned at all it was very little. The windowsills were so full of dirt it took more then a complete roll of Paper Towels to even get them semi clean. Even more disturbing was the odor that I had not noticed when I originally looked at the place. I called and informed the landlord of this “Musty, moldy” odor and asked him to replace the rugs. He said no, but said he would have them cleaned. I told him that although this might help, I didn’t think it would take care of the problem, and I was having medical issues as well. It may be the dust but I find myself sick (coughing, sniffling, unable to sleep well) since I moved in. I called and told the landlord about this, and he told me to get his real estate agent to find someone to take over the lease. I thought this was nice, but in the event that someone could not be found I asked if he would let me out of the lease and he said no. I contacted the real estate agent and she said that she would try to find someone. I check the “Ledger” website (the site where the apartments are posted) and the ad appeared on 10-13, but was gone in the afternoon. I have called to ask what happened but have not received a return call. I have found a new place and will be moving in any event, as I can not stay there any longer. My questions are:
1. Does the Real Estate Agency have any responsibility to refund the $700.00 fee I gave them? I called within a week with my complaints to both landlord and Real Estate Agent.
2. If someone is not found to take over the lease, when I do break it, do I have any recourse whatsoever to recover the last months rent I gave the Landlord, or due to the conditions stated above do I have a way to get back the rent for the month I actually stayed there?
3. What recourse does the landlord have against me when I break the lease?

Thank you for any help you can give me.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by discostu:
I found and rented an apartment through a Century 21 Realtor. When I originally saw the apartment it was very dirty and messy, as the tenant at the time obviously had never cleaned anything. However I need to get an apartment and I was told it would be both painted and cleaned. I took the place (it is a below ground unit) and signed a 1 year lease. When I picked up the key the landlord told me that “he tried to clean up the place as best he could”. When I arrived the place had not been painted and if it was cleaned at all it was very little. The windowsills were so full of dirt it took more then a complete roll of Paper Towels to even get them semi clean. Even more disturbing was the odor that I had not noticed when I originally looked at the place. I called and informed the landlord of this “Musty, moldy” odor and asked him to replace the rugs. He said no, but said he would have them cleaned. I told him that although this might help, I didn’t think it would take care of the problem, and I was having medical issues as well. It may be the dust but I find myself sick (coughing, sniffling, unable to sleep well) since I moved in. I called and told the landlord about this, and he told me to get his real estate agent to find someone to take over the lease. I thought this was nice, but in the event that someone could not be found I asked if he would let me out of the lease and he said no. I contacted the real estate agent and she said that she would try to find someone. I check the “Ledger” website (the site where the apartments are posted) and the ad appeared on 10-13, but was gone in the afternoon. I have called to ask what happened but have not received a return call. I have found a new place and will be moving in any event, as I can not stay there any longer. My questions are:
1. Does the Real Estate Agency have any responsibility to refund the $700.00 fee I gave them? I called within a week with my complaints to both landlord and Real Estate Agent.
2. If someone is not found to take over the lease, when I do break it, do I have any recourse whatsoever to recover the last months rent I gave the Landlord, or due to the conditions stated above do I have a way to get back the rent for the month I actually stayed there?
3. What recourse does the landlord have against me when I break the lease?

Thank you for any help you can give me.
<HR></BLOCKQUOTE>

1. Yes, you are due a refund from the real estate company.

2. You should get the entire rent back but settle for a prorated amount of rent back.

3. You are breaking the lease for just cause therefore you will not be liable for future rent or expenses incurred in re-renting the property. I hope you took photos or have an inspection report as proof of the terrible condition.

I think that there was mold in the carpet and padding and possibly the ac ducts. Keep a diary of the dates you got sick etc. Your case would fall under sick building syndrome due to bad indoor air quality.
 
D

discostu

Guest
Thank you for your help. I do not have any photos, and I never did have an inspection company come in. The Landlord has told me that he will give me back my last months rent if he finds someone to rent it, so at least he is working with me. My concern is that since I do not have photos, or inspection documentation do I still have recourse against the Real Estate Company? Should I call my agent or the Franchise manager?

Thanks again.
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by discostu:
Thank you for your help. I do not have any photos, and I never did have an inspection company come in. The Landlord has told me that he will give me back my last months rent if he finds someone to rent it, so at least he is working with me. My concern is that since I do not have photos, or inspection documentation do I still have recourse against the Real Estate Company? Should I call my agent or the Franchise manager?

Thanks again.
<HR></BLOCKQUOTE>

Yes and yes.
 

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