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Getting My Money Back

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candy-7

Junior Member
What is the name of your state (only U.S. law)?

Ohio

I was approved at a complex with a first come first serve policy. I missed out on several units because people supposedly got there before me. In order to claim a unit, I had to show up with the money (first month and deposiit) and sign the lease. I finally got there on time for a just vacated unit. The other units I saw were fine, clean, painted just fine for move in. They told me to give them a week to get my unit in that shape. I moved in a week later. They had rug doctored it, painted the tub and the walls, but it was in horrible condition.

Most of the carpet is drenched in animal urine. There are over a dozen other issues as well. They rug doctored it again and it never worked. They have ignored all my service requests. The carpet needs to be replaced and the other repairs need to be done. We are forced to basically live in the one clean room my guess is that the previous tenant didn't allow his or her pet in here.

I already went to my local code enforcement and have started the process. They will ask the landlord to fix everything that's wrong and the landlord will have 10 days to do so before an inspector comes out and the process continues. However, I'm ready to get out of this living situation and have another landlord possibly willing to rent to us. We find out in the next few days.

If we have the opportunity to move, I was thinking that we could get an impartial witness like from a community center or something to view the unit before we move out and then request my money back. I've only been here for 10 days. I'd honestly rather just move and get my money back than go through this whole process with them. There's no way we can live here long term, so I've got to leave as soon as I get the opportunity.

I also have a small dog myself, however she's always in the bathroom with pooch pads when she is not under my direct supervision because I do not allow her to urinate in my home. I think they're just avoiding repairs too because the longer I stay, they can blame the urine on me which is another reason I want to go ASAP. My dog is so small that it's impossible for her to have done any of this, but after too much longer, they can try to say it was her. Is there any way to get out ASAP and get my money back?
 


Gail in Georgia

Senior Member
" Is there any way to get out ASAP and get my money back."

No.

"If we have the opportunity to move, I was thinking that we could get an impartial witness like from a community center or something to view the unit before we move out and then request my money back."

Just what do you believe someone from a community center can do legally to help you out here?


" I've only been here for 10 days. I'd honestly rather just move and get my money back than go through this whole process with them."

I'm sure you would but there's that little thing you signed called a lease which makes you legally responsible for the rent unless you go through this "whole process" that you'd just rather not be bothered with.

Gail
 

candy-7

Junior Member
" Is there any way to get out ASAP and get my money back."

No.

"If we have the opportunity to move, I was thinking that we could get an impartial witness like from a community center or something to view the unit before we move out and then request my money back."

Just what do you believe someone from a community center can do legally to help you out here?


" I've only been here for 10 days. I'd honestly rather just move and get my money back than go through this whole process with them."

I'm sure you would but there's that little thing you signed called a lease which makes you legally responsible for the rent unless you go through this "whole process" that you'd just rather not be bothered with.

Gail
Hi, Gail:

Thank you for your answers. I think my intentions came across wrong in my wording.

I don't want to be bothered with the process only because I have a little one and a dog and the condiitons of most of the apartment are not okay or sanitary. There is only one clean room here where my child can play on the floor and be normal. I don't just want to break the lease. I have to move out of here because it's just not okay to stay in this small space for so long, to go through a process while living here that could take up to 2 months or more. If my little one were younger, maybe, but not now. If they do not fix the unit in 10 days, the inspector comes out and it then goes into an extended process. That's what I meant, not I just don't want to be bothered because I have better things to do or something.


The community center thing:

I meant having someone as an unpaid impartial witness to the condition of the place upon my move out that would be willing to act as a witness in a later court case, so the landlord couldn't challenge the condition of the place or say that a friend was partial or lying for my benefit. Also someone to witness that my dog uses pooch pads and not the carpet and is crated in the bathroom when not under supervision.
 

Gail in Georgia

Senior Member
Here is your problem...

You have a lease. In order to be able to legally break this (and we're not talking about getting your money back, we're talking about you not being hauled into court by management and being sued for the remaining months on your lease if you break it), there are steps that you have to go through in regards to repairs.

These involve having Code Enforcement come in, evaluate the place, notify the landlord of needed repairs and the timeline they have to address these. This sounds like it has been done.

If you simply up and move out, then you are not holding up your end of the deal and you face the possiblity of a lawsuit for breaking your lease. You need to be aware of this before you make your final decision.

Gail
 

candy-7

Junior Member
Here is your problem...

You have a lease. In order to be able to legally break this (and we're not talking about getting your money back, we're talking about you not being hauled into court by management and being sued for the remaining months on your lease if you break it), there are steps that you have to go through in regards to repairs.

These involve having Code Enforcement come in, evaluate the place, notify the landlord of needed repairs and the timeline they have to address these. This sounds like it has been done.

If you simply up and move out, then you are not holding up your end of the deal and you face the possiblity of a lawsuit for breaking your lease. You need to be aware of this before you make your final decision.

Gail
Okay. Thank you very much, Gail. I understand.
 

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