The issues that we are having are basically due to non-disclose on your part, one of which is a huge liability. You did not tell us that there were roots in the pipes, but you did tell the plumber that came out to fix the backups in the kitchen/garage. Water is actively leaking into the yard because of this, and the entire front yard is sinking, causing the entire foundation of the house to sink. The house is potentially sitting on top of a sink hole. This is very, very dangerous!!!!
The other issue that we are have is due to the Air Conditioner, or lack thereof. You told me a month ago when I called you that there was no AC. You did not tell me that when we were looking at the house, or any time before that. There is also a section in the lease that says “all appliances in the house work with the exception of:”- you did NOT disclose in the lease that the AC unit (located in the garage) did not work. 90% of the reason we moved into this house was for the AC! We did not want to move to Oceanside but the AC in the house was a huge deciding factor. It was 95-98 degrees in the house for several weeks, even with a fan. I work from home so do not have the option to go to an Air Conditioned office during the day. We specifically asked you while we were walking through the house if everything worked, and you said yes. We asked you, in the garage, did everything work, and you said yes. We even discussed various things, including the garage door and the leaking pipes, so you had the opportunity to say it didn’t work. But again, the lease is a legal document, and at a bare minimum you should have disclosed it there. To top it all off, we have not even entered the very hot season of the summer yet! Sitting in such an extreme temperature all day is very dangerous for a pregnant woman.
This being said, these are legal liabilities that you have as a landlord/property manager. You have asked us to take care of your house like it was our own, which we have done. Neither you nor any of the former tenants seemed to have done this. You did not tell us there was 5 or 6 people living here before us- it wasn’t just one couple. The house was not even cleaned after having 6 tenants in here, which we did not complain about. The yard had not been cut in well over a year, we did not complain about that either. The neighbors have even commented that we have done more improvements to the house than all the other tenants combined!! We would think that this was an incentive for you to be honest with us. You do have legal responsibilities as a landlord, and we, as tenants have rights and legal recourse, as well. You can review here: http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter7-2.html We also have the names of the former tenants and will be reaching out to them if need be.
You have not done your legal part to keep the plumbing intact which has created compromised the structural integrity of foundation. This is not safe. Our options at this point are to withhold rent, pay for it ourselves and deduct from the rent, sue you, or move out with no notice to you. We would in turn sue you for that too, for the full return of our deposit and moving costs.
While the Air Conditioner issue does not present a safety/inhabitability issue, you did misrepresent that to us, and made a deal in bad faith. This is also an issue we could (and will) take legal recourse on. A portion of our rent is paid to cover the appliances, and this one does not work. Having it replaced or repaired is not an option at this point- I also cannot have a team of workers in here tearing up our house with a newborn baby in here. This is not an option. We would like a credit of $100 per month for the months we have already lived here, and a $100 per month off the rent moving forward. This is an extremely fair deal in lieu of legal proceedings. I work in property management and xxxx worked in Legal Real Estate for many years, and we absolutely know what we are talking about, and have a wealth of attorneys and property management professionals behind us. We are trying to find the easiest course of action for all parties involved. If we have to move, we will expect our security deposit back, up front, in full.
I look forward to hearing back from you in a timely manner.
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