Emma.chapman
Junior Member
What is the name of your state (only U.S. law)? Tennessee
I signed a lease that began October 1, 2008. Before signing the lease, I walked through the house with someone from the rental company. I was told that there had been a water lead in the kitchen which had been fixed and that the flooring that was damaged would be fixed before I moved into the house. I was given the keys on the first and when I went back to the house new flooring had been put down on top of the old flooring in the kitchen, but there was water damage to the flooring in a closet behind the kitchen which had not been fixed. I called the rental company and told them that the baseboards in the closet had rotted and broken off and left a hole in the wall. They had the hole patched and left the rotten baseboards and did nothing to the rotten hardwood flooring in the closet. I then went back to the house one week later to begin cleaning and found that the bathroom floor had rotted and was falling through; it had been fine the week before. Outside the house I noticed that a board was propped up beside the house. When I moved the board I found that it had been covering a hole, 23 inches in diameter, that lead down into the basement. I had not been told that there was access to the basement from outside the house. When I went into the basement there was evidence of fire damage to the heating ducts and also electrical wiring. There was also evidence that a vagrant had been living in the basement during winter months. I took a list of repairs that need to be made to the rental company on Monday October 13 and was assured that everything would be fixed within the week. Since some of the electrical issues that needed to be fixed were fire hazards I asked if an inspector from the code enforcement agency could be sent to the house after the repairs had been made. I was informed that the rental company would not send someone, but that I could have someone inspect the house myself. I called the rental company back on Monday October 20 and no one would talk to me. I received a call back on that Tuesday and was informed that the repairs would be finished that day. I paid the inspection fee myself and had someone come to the house on Friday October 24. The house did not pass the inspection. I was told by the inspector that I should not move in because of the fire hazards (and that the power would be cut off) and that there were no smoke detectors in the house, which was one of the things I had asked the rental company about and was told it would be taken care of on the 21st. I have already paid rent for the month of October and it is now October 28th and I still can not move into the house. My lease has a clause that states that if the landlord is unable to deliver possession of the house to the tenant it voids the contract. Does this count as being unable to deliver possession? Also, if I am unable to get out of the lease can I get the rent for October back and do I have to pay rent for November since I can not move into the house?
I signed a lease that began October 1, 2008. Before signing the lease, I walked through the house with someone from the rental company. I was told that there had been a water lead in the kitchen which had been fixed and that the flooring that was damaged would be fixed before I moved into the house. I was given the keys on the first and when I went back to the house new flooring had been put down on top of the old flooring in the kitchen, but there was water damage to the flooring in a closet behind the kitchen which had not been fixed. I called the rental company and told them that the baseboards in the closet had rotted and broken off and left a hole in the wall. They had the hole patched and left the rotten baseboards and did nothing to the rotten hardwood flooring in the closet. I then went back to the house one week later to begin cleaning and found that the bathroom floor had rotted and was falling through; it had been fine the week before. Outside the house I noticed that a board was propped up beside the house. When I moved the board I found that it had been covering a hole, 23 inches in diameter, that lead down into the basement. I had not been told that there was access to the basement from outside the house. When I went into the basement there was evidence of fire damage to the heating ducts and also electrical wiring. There was also evidence that a vagrant had been living in the basement during winter months. I took a list of repairs that need to be made to the rental company on Monday October 13 and was assured that everything would be fixed within the week. Since some of the electrical issues that needed to be fixed were fire hazards I asked if an inspector from the code enforcement agency could be sent to the house after the repairs had been made. I was informed that the rental company would not send someone, but that I could have someone inspect the house myself. I called the rental company back on Monday October 20 and no one would talk to me. I received a call back on that Tuesday and was informed that the repairs would be finished that day. I paid the inspection fee myself and had someone come to the house on Friday October 24. The house did not pass the inspection. I was told by the inspector that I should not move in because of the fire hazards (and that the power would be cut off) and that there were no smoke detectors in the house, which was one of the things I had asked the rental company about and was told it would be taken care of on the 21st. I have already paid rent for the month of October and it is now October 28th and I still can not move into the house. My lease has a clause that states that if the landlord is unable to deliver possession of the house to the tenant it voids the contract. Does this count as being unable to deliver possession? Also, if I am unable to get out of the lease can I get the rent for October back and do I have to pay rent for November since I can not move into the house?