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Fraudulent Misrepresentation and Cockroach Infestation

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Nowell

Member
What is the name of your state? Arizona

In late August, I visited an apartment complex in Phoenix. I was only able to view the model apartment which contained a washer and dryer. Two people working for management stated to me that the unit I would be moving into (if I so choose to decide to move in) contains a washer and dryer in the same spot as the model unit.

I jumped on this because I wanted a washer and dryer. I quickly paid the application/holding/service fee to make sure I get the apartment in the good faith that my unit was inhabitable, and that it contained a washer and dryer.

One month later was move-in day. I took off work for move-in day. I paid my deposit/rent fee, and was then given the keys and showed to my unit.

Upon walking inside the unit for the first time, there was no washer and dryer, and it smelled heavily of chemicals. I spoke up immediately about the washer/dryer issue, and the guy said he will speak to management about it, but that in the meantime if I need to wash clothes, I can use the laundry room within the complex.

Throughout the day, as I was cleaning the unit preparing for my furniture to arrive, I kept seeing German cockroaches, but at the time was too naive to believe they were, in fact, roaches. I saw dead ones, live ones; babies, and big ones. Roaches EVERYWHERE. I didn't sleep nor spend much time in the unit because of the roach infestation, and because of the heavy chemical smell which I assume is roach killer. I had asthma as a child, and have done the best I can my entire life to not trigger it to return. I literally cannot breathe in that unit. It will 100% trigger my asthma to return.

The next day I took off work because my furniture was arriving. I turned in the inspection notice that morning, it was within 24 hours -- I turned it in at the 23 hour mark -- and stated on the sheet there are roaches everywhere. The lady said she can add my unit to the pest control list, and asked if I give them permission to enter the unit. I said yes. How convenient that pest control was arriving that day? It implies they have an ongoing roach problem consistent with the Yelp reviews, and consistent with my experience. You cannot rid a roach problem by simply adding a unit to the list. EVERY SINGLE UNIT NEEDS TO BE ON THE LIST! I also stated that the shower/tub was not properly inspected upon move-in because it was clogged with hair. I purchased supplies to unclog the drain myself. I had that listed on the inspection sheet, and that there was no drain plug either.

At the 25/26 hour mark that day, I provided written notice that I wanted to terminate my lease because of the roach infestation. I was only in the unit for 2.5 hours that day so that I can be present when my furniture arrives, and encountered over 10 roaches.

I know for a fact it will take more than 10 days to rid a German cockroach infestation. I should have listened to the Yelp reviews about the complex containing roaches, but was too naive because management didn't tell me of the issue before signing the lease.

Day 3, I took off work again to start moving my furniture OUT of the unit. I did not give them the keys yet. I went to the office to speak to management, but they were super rude and arguing with me. They said I never told them about the issue within 24 hours, but I did! They said I will not get my money back, and that I will have to pay 4x month rent upfront to terminate the lease. They were taking my statements in a personal and offensive way. I had to say excuse me, but I am not mad nor trying to argue with you, this situation sucks for the both of us, we both don't want to be dealing with this right now. After I said that she gave me two numbers to call, both of which were no help.

I want my application/holding/service fee back (roughly $250), and I want my deposit/rent fee back (roughly $1850). I literally cannot work for the rest of the week because of the emotional/mental distress. They said that for me to break the lease, I have to pay 4x month rent. That triggered me. After I heard that, I literally had a panic attack when I went back to my car alone. That is a lot of money, 4x month rent is nearly $4,700 that I don't have. For my job, I provide therapy services to children. How can I provide therapy when I am going through all this? And now great, I haven't made money all week. I absolutely need my money back. I did not sign a lease to not have a washer/dryer, nor to live in a roach infested place.

I just want my money back! Is it even possible? Will I get compensated fairly? Someone please help me.
 


Unfortunately, you rented an apartment sight unseen.
Does your lease say your unit will have a washer and dryer? What does your lease say about pest control? You signed a contract - I'd be more worried about being held to the contract than getting any money back.
 

quincy

Senior Member
What is the name of your state? Arizona

In late August, I visited an apartment complex in Phoenix. I was only able to view the model apartment which contained a washer and dryer. Two people working for management stated to me that the unit I would be moving into (if I so choose to decide to move in) contains a washer and dryer in the same spot as the model unit.

I jumped on this because I wanted a washer and dryer. I quickly paid the application/holding/service fee to make sure I get the apartment in the good faith that my unit was inhabitable, and that it contained a washer and dryer.

One month later was move-in day. I took off work for move-in day. I paid my deposit/rent fee, and was then given the keys and showed to my unit.

Upon walking inside the unit for the first time, there was no washer and dryer, and it smelled heavily of chemicals. I spoke up immediately about the washer/dryer issue, and the guy said he will speak to management about it, but that in the meantime if I need to wash clothes, I can use the laundry room within the complex.

Throughout the day, as I was cleaning the unit preparing for my furniture to arrive, I kept seeing German cockroaches, but at the time was too naive to believe they were, in fact, roaches. I saw dead ones, live ones; babies, and big ones. Roaches EVERYWHERE. I didn't sleep nor spend much time in the unit because of the roach infestation, and because of the heavy chemical smell which I assume is roach killer. I had asthma as a child, and have done the best I can my entire life to not trigger it to return. I literally cannot breathe in that unit. It will 100% trigger my asthma to return.

The next day I took off work because my furniture was arriving. I turned in the inspection notice that morning, it was within 24 hours -- I turned it in at the 23 hour mark -- and stated on the sheet there are roaches everywhere. The lady said she can add my unit to the pest control list, and asked if I give them permission to enter the unit. I said yes. How convenient that pest control was arriving that day? It implies they have an ongoing roach problem consistent with the Yelp reviews, and consistent with my experience. You cannot rid a roach problem by simply adding a unit to the list. EVERY SINGLE UNIT NEEDS TO BE ON THE LIST! I also stated that the shower/tub was not properly inspected upon move-in because it was clogged with hair. I purchased supplies to unclog the drain myself. I had that listed on the inspection sheet, and that there was no drain plug either.

At the 25/26 hour mark that day, I provided written notice that I wanted to terminate my lease because of the roach infestation. I was only in the unit for 2.5 hours that day so that I can be present when my furniture arrives, and encountered over 10 roaches.

I know for a fact it will take more than 10 days to rid a German cockroach infestation. I should have listened to the Yelp reviews about the complex containing roaches, but was too naive because management didn't tell me of the issue before signing the lease.

Day 3, I took off work again to start moving my furniture OUT of the unit. I did not give them the keys yet. I went to the office to speak to management, but they were super rude and arguing with me. They said I never told them about the issue within 24 hours, but I did! They said I will not get my money back, and that I will have to pay 4x month rent upfront to terminate the lease. They were taking my statements in a personal and offensive way. I had to say excuse me, but I am not mad nor trying to argue with you, this situation sucks for the both of us, we both don't want to be dealing with this right now. After I said that she gave me two numbers to call, both of which were no help.

I want my application/holding/service fee back (roughly $250), and I want my deposit/rent fee back (roughly $1850). I literally cannot work for the rest of the week because of the emotional/mental distress. They said that for me to break the lease, I have to pay 4x month rent. That triggered me. After I heard that, I literally had a panic attack when I went back to my car alone. That is a lot of money, 4x month rent is nearly $4,700 that I don't have. For my job, I provide therapy services to children. How can I provide therapy when I am going through all this? And now great, I haven't made money all week. I absolutely need my money back. I did not sign a lease to not have a washer/dryer, nor to live in a roach infested place.

I just want my money back! Is it even possible? Will I get compensated fairly? Someone please help me.
Application fees are typically non-refundable, this whether you agree to rent a unit or not. Security deposits and rent potentially can be refunded, depending on all facts.

I agree that your situation is a bad one and you have good reason to want to terminate the lease - but you should have insisted on seeing the actual unit you would be living in prior to signing the lease. The pre-inspection would have shown you not only that your unit had no washer and dryer as promised but would have indicated the roach problem through roach bodies and chemical smell.

You might have to consult with a landlord/tenant attorney if you are unable to break the lease without penalty.
 

Nowell

Member
Unfortunately, you rented an apartment sight unseen.
Does your lease say your unit will have a washer and dryer? What does your lease say about pest control? You signed a contract - I'd be more worried about being held to the contract than getting any money back.

The lease does not say anything about a washer and dryer. I was told I would have a washer/dryer. They showed me the model, and then stated the unit I would have contains a washer/dryer. That is what was told to me! Because they said that, I jumped on this and paid the application/holding/service fee. I paid it in the good faith they were being honest with me.

About pest control, the lease says "management and resident shall be honest in their communication regarding the presence of pests"... "if resident fails to report any pest infestation and/or problems with the premises within 7 days of move-in, it shall be an acknowledgement by resident that the premises are acceptable, in good condition, and pest free"... "resident shall report any actual or suspected infestation within 48 hours"...

What this apartment complex/management/landlord(s) did to me is so wrong. I am duly owed my money back for their fraudulent misrepresentation regarding the washer/dryer, and for their failure to maintain fit/livable premises. It's a safety concern for me to remain there. It WILL re-trigger my asthma to return.
 

Zigner

Senior Member, Non-Attorney
I am duly owed my money back for their fraudulent misrepresentation regarding the washer/dryer
Your lease doesn't guarantee a washer/dryer

and for their failure to maintain fit/livable premises. It's a safety concern for me to remain there. It WILL re-trigger my asthma to return.
You have to give them the opportunity to remedy the problem.
 

Nowell

Member
Application fees are typically non-refundable, this whether you agree to rent a unit or not. Security deposits and rent potentially can be refunded, depending on all facts.

I agree that your situation is a bad one and you have good reason to want to terminate the lease - but you should have insisted on seeing the actual unit you would be living in prior to signing the lease. The pre-inspection would have shown you not only that your unit had no washer and dryer as promised but would have indicated the roach problem through roach bodies and chemical smell.

You might have to consult with a landlord/tenant attorney if you are unable to break the lease without penalty.
I understand they are non-refundable. However, they lied to me. I paid that non-refundable application fee in the good faith they were honest with me about the washer/dryer and inhabitable premises. If I knew the unit had no washer/dryer, I would have continued my apartment search and not proceeded further. In this circumstance, for the fairness of the world, I truly believe it should be refundable because they did me wrong.

I should have insisted to see the actual unit. A lesson learned. I trusted them. This literally makes me never want to rent again. It's so distressing. I'm unable to work now too. They really did me so wrong.

I will consult, yes. I have no choice.
 

Nowell

Member
Your lease doesn't guarantee a washer/dryer

You have to give them the opportunity to remedy the problem.
They TOLD ME it contains a washer/dryer. You can't just go around lying to people to steal their money. That is not fair, right, just. It's evil.

You're right. I need to give them the opportunity to remedy the problem. In the meantime, I cannot live there due to the heavy chemical smell. Maybe the smell is the roaches. I don't know. It's also quite intuitive to know that ridding a roach infestation takes more than 10 days.
 

Zigner

Senior Member, Non-Attorney
They TOLD ME it contains a washer/dryer. You can't just go around lying to people to steal their money. That is not fair, right, just. It's evil.
If a washer/dryer was, in fact, so important to you, then you would have gotten it in writing.

You sound as if this is the first time you've ever rented an apartment. I suspect that you will need to chalk this matter up as a lesson learned the hard way.
 

Nowell

Member
If a washer/dryer was, in fact, so important to you, then you would have gotten it in writing.

You sound as if this is the first time you've ever rented an apartment. I suspect that you will need to chalk this matter up as a lesson learned the hard way.
It is my first time. You can't just go around lying to people to steal their money. I refuse to live in such a world. I need my money back to continue on with my life. This is why poverty happens to people. How am I going to work without a place to live? I refuse to go back into poverty, I lived my whole life moving around, being poor. I'm done! I learned to not trust people, yeah. There has to be a way to get my money back and be compensated for all this distress. It's very very very bad, unethical, morally wrong, unfair, unjust.

You seem like the type of person to say the world is unfair. Sure. But the world is also FAIR. I get my money back.
 

Zigner

Senior Member, Non-Attorney
It is my first time. You can't just go around lying to people to steal their money. I refuse to live in such a world. I need my money back to continue on with my life. This is why poverty happens to people. How am I going to work without a place to live? I refuse to go back into poverty, I lived my whole life moving around, being poor. I'm done! I learned to not trust people, yeah. There has to be a way to get my money back and be compensated for all this distress. It's very very very bad, unethical, morally wrong, unfair, unjust.

You seem like the type of person to say the world is unfair. Sure. But the world is also FAIR. I get my money back.
It is apparent that this forum is not going to be able to help you. As suggested above, you may consult with a landlord/tenant attorney for assistance. I wish you the best.
 

quincy

Senior Member
It is my first time. You can't just go around lying to people to steal their money. I refuse to live in such a world. I need my money back to continue on with my life. This is why poverty happens to people. How am I going to work without a place to live? I refuse to go back into poverty, I lived my whole life moving around, being poor. I'm done! I learned to not trust people, yeah. There has to be a way to get my money back and be compensated for all this distress. It's very very very bad, unethical, morally wrong, unfair, unjust.

You seem like the type of person to say the world is unfair. Sure. But the world is also FAIR. I get my money back.
You were given a tour of a “model” apartment and the model apartment used should have been comparable in all material ways to the unit available for rent. I agree with you that there was a misrepresentation.

That said, the application fee covers the background check and reference checks, to make sure you qualify for the apartment you are interested in renting. This is generally not a refundable cost. I don’t think you should expect to get that money back.

You can call the Arizona Legal Help Organization for advice and direction:

https://www.azlawhelp.org/viewresults.cfm?mc=3&sc=24

It is possible that you have a legitimate habitability issue to argue, in addition to the misrepresentation of the unit offered you - but the problem you face is that you signed a lease without inspecting the specific unit prior to agreeing to the terms of the lease.

Good luck.
 

Nowell

Member
You were given a tour of a “model” apartment and the model apartment used should have been comparable in all material ways to the unit available for rent. I agree with you that there was a misrepresentation.

That said, the application fee covers the background check and reference checks, to make sure you qualify for the apartment you are interested in renting. This is generally not a refundable cost. I don’t think you should expect to get that money back.

You can call the Arizona Legal Help Organization for advice and direction:

https://www.azlawhelp.org/viewresults.cfm?mc=3&sc=24

It is possible that you have a legitimate habitability issue to argue, in addition to the misrepresentation of the unit offered you - but the problem you face is that you signed a lease without inspecting the specific unit prior to agreeing to the terms of the lease.

Good luck.
They said I couldn't inspect the unit because people were living there. They let me see the model though, said it was identical. The unit I moved into was identical except for the fact there's no washer/dryer. They lied to me to steal my money. Ofc I signed a lease I wanted to live there, I signed it in good faith there was a washer and dryer and no roaches aka inhabitable.

They don't teach us this in school!!! I literally have a BA degree, never once took a course on leasing. My whole life I've lived in poverty and refuse to go back in because of this situation. And how can they threaten me with 4x month rent when I don't even see that in the lease!!! That triggered me and I missed work because of emotional/mental distress which is very real. How am I gonna be a therapist to kids when I am going through this.

I want the compensation I deserve. We live in one nation, under God, indivisible, with liberty and JUSTICE for all. I GET MY JUSTICE. It happens. I will follow your advice. Thank you for the link it is so helpful.

I signed the lease agreeing to the terms written, but also spoken. I was verbally told my unit had a washer and dryer. And aren't leases voidable if the premises are uninhabitable (in this case, due to the roach infestation).
 

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