Landlord trying to evict us

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reddog

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Basically we have been renting for 8 months now and when we signed the lease back in Dec '09 many repairs were needed like the 38 year old deck out front.
It was said but not written down the deck would be replaced in the spring.
Some issues came up 2 months ago like the AC not cooling and the 26 year old hot water heater leaking. When I advised the landlord of the issues I also asked about the deck and when t would be replaced.
We got back something like "you need to tell me about things earlier instead of letting them go". I replied I didn't have a crystal ball and the things just started.
The landlord then said she wasn't going to fix the deck.
I also asked her about our pool passes. She said because the HOA wouldn't let her have passes and us too, she wasn't honoring the agreement to give us pool passes. I sued her for the passes and won.
I have since then found rodent feces and urine as well as tunnels through all the insulation in the storage area where our belongings are stored. If you move the insulation feces rains down on everything. It is also in the air ducts. We have been asking and demanding for a couple months now the ducts be cleaned and the feces/urine insulation be replaced.
We filed a complaint with consumer affairs with no resolve.
Zoning is coming in a couple days to investigate my claims. But during the time from the 2 month ordeal the landlord has set me emails saying she doesn't want to deal with me any more and there are hard feelings as well as a statement "it breaks my heart someone so hateful lives in my home".
We have done nothing but ask for repairs and now have to threaten court actions to get them done. We have never paid rent late. We have only wanted her to get the repairs done so we can get what we are actually paying for instead of less than what we agreed to.
There are wiring issues that were fire hazards. One was fixed but the other remains.
The landlord has now decided to try to evict us for "intentional misues of the property", "threatening bodily harm" (Not true) and "intenional destruction of work preformed by a company" (have no clue what she is talking about)
We were served with a summons to court "unlawful detainer".
My question is:
Is there any way she is in default of the lease by not getting the repairs done within 30 days of notice? Can we terminate lease or at least sue her for not getting entirely what we have been paying for all these months?
The deck is a hazard (boards are coming up and the delivery uy almost tripped off it the other night) (the railing will fall if you lean on), there is mold in the carpet from the hot water heater leak, the rodent feces in the air ducts and insulation, the dryer vent hooked up to the fan in bathroom (every time we dry clothes water drips from the electrical fan in bathroom).

There was never a complaint from the landlord to us for anything. Now that we are getting officials involved to enforce repairs they are saying we are in default of the lease and trying to evict us for bs.
 
It is possible there "might" be a breach on landlord's part. Much depend son how you informed landlord of issues and how (if at all) they landlord reacted to this. Do you have documentation of repair requests? Any inspection reports are important as well. However since you seem to have issues with one another I offer another solution. Talk to landlord about releasing your from lease. This allows you to leave on your own without penalty. Be sure ther eis a walk through of home so any damages can be documented together. Be sure to take pictures and video of entire home and the condition you leave it in
 
Maybe it doesn't seem clear by my post.
The lanlord refuses to work with us and literally "hates" us.
She was notified by email and she has responded to those notifications. Also I filed a complaint with the consumer affairs almost 2 months ago. In her reply she says she will get the work done within the 30 days, but has faile to do all the repairs only a couple like getting AC charged and new hot water heater.
The Rodent feces in the air ducts was reported by the AC repairman. The Feces in the insulation was reported by me over 2 months ago.
The deck has been an issue for 8 months and the boards literally pop up 5-6 feet away from you while walking on it. It is the only way to gain access to the house too.
She is trying to retain our deposit and charge us attorney fees to evict us, when we have done nothing to violate the lease.
I found a few things saying 21-30 days to get repairs or lanlord is in violation and we can break the lease.
She only rents one property though, so not sure if the lanlord tennant laws effect her.
Trust me we have over 100 photos of the condition of the house prior to move in and all these repairs were in need then. We have asked her to sign a paper saying we weren't financially responsible and that the deposit wouldn't be used to effect those repairs, she refuses. It is our belief at the end of lease she was/is going to try and claim we did the damages and get it fixed on our dollar.
Now that we have demanded repairs and got county zoning officials involed she has made up false charges and is trying to evict us instead of just doing the repairs.
 
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It sounds as if you are doing everything right. Don't worry too much about the eviction attempt... when you go to court and present all this information the landlord will be seen for what she really is. The judge isn't stupid... and this isn't unusual.
 
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