We moved into our house in January. When we moved in, there were issues with mold painted over in the bathroom, feces and mold in all the toilets, and shelves missing in the refrigerator as well as an odor. We mentioned this to the landlords as well as the realtor who moved us in, but nothing was done. We brought these issues up quite frequently, and every time we did they threatened to evict us. About a month ago, the refrigerator stopped working and the toilet leaked into the basement. When I called and told them, the man told us "I'm pretty sure that's your responsibility," and wouldn't discuss the matter further. As a result, my wife and I sent them this letter:
June 9, 2010
[Landlords' Names]
[Landlords' Address]
[City, State Zip]
[Landlords' emails]
Re: [Address]
Dear Mr. and Mrs. [Landlords],
Previously, we spoke to you about the guest toilet leaking into the basement and the mold on the bathroom ceilings that had been painted over prior to our moving in, as well as the refrigerator not being up to par - smelling, not being very cold, the freezer leaking into the fridge, and having no shelves. You told us that it was our responsibility, and would not listen when I told you it was not.
The refrigerator has recently gotten to the point where the smell is just terrible and is stinking up the kitchen. Furthermore, it no longer keeps anything cold and as a result, over $100 worth of food has gone bad. We recently have had to go out everyday to buy that day's food, because nothing is being kept cold. Also, the mold in the guest bathroom is seeping through the paint, making that shower un-usable.
Please let us know when you will be able to fix these issues. Because of the serious nature of the refrigerator and possibly the mold, we request that it be done within the week.
Thank you
Sincerely,
[Mr. and Mrs. Tenant]
On Tuesday the 22nd, we received this response:
[Tenants],
I just got your message this morning, and am truly sorry for the inconveniences these issues have caused you. Being so far away from the situation is not very convenient.
When we signed the lease, we agreed to lower the rent from $1200 down to $1000 for the purpose of you making some updates in the kitchen, etc. My first question is, has then been done? If not, since you have been there six months now, we could consider it a breach of contract and expect the full rent be paid as well as any late charges as well. I would prefer not to go this route. If that has not already been started, another option would be to use the $1000 you have saved from the rent being lowered and apply it to these issues at hand. I just did a search on Sears web site and a side by side refrigerator can be purchased for approximately $800. Other stores (Lowe's, Home Depot, etc) may have a better price. The remaining $200 could then be used to have someone come and check out the bathroom issues.
We do want these issues taken care of as well, let us know what you decide to do about it. Thanks.
[Landlord]
The kitchen provision he's mentioning is section 35 under special provisions, our lease says "Landlord agrees to deduct $100.00 per month for a total of $1200.00 if Leasee provides a new stove & kitchen counter tops. The rent due will then be $1000 per month due to landlord. No Pets."
I have no idea what to say to this email. Obviously he's wrong, but I'm unsure of what I'm able to do about it. A few things I've read imply that at this point I need to buy a fridge and pay for a plumber, etc, and then take the cost out of rent. The problem with that is when we first moved in, they overcharged us $419.32 and when we tried to take that out of the next month's rent, they immediately started the eviction process until we agreed to pay the full amount. And like I said, every time there's a problem or maintenance issue, they tell us to fix it ourselves and when we tell them they need to do it, they threaten us.
We don't really have the means to just move out. We also don't have the means to buy a refrigerator along with paying rent this month. I left my job recently to re-enlist into the military, and my wife just had a baby, so we are both unemployed and dipping into our savings. We have two other children as well, and all of our diets are suffering as a result of the refrigerator being broken. My wife breastfeeds but has had to supplement with formula because she can't refrigerate the milk and as a result lost some of her supply. We also can't have guests over as the smell from the fridge is embarrassing and stretches into the dining room. It's nearing the end of the month, what can I do about all this? How should I reply to their email?
June 9, 2010
[Landlords' Names]
[Landlords' Address]
[City, State Zip]
[Landlords' emails]
Re: [Address]
Dear Mr. and Mrs. [Landlords],
Previously, we spoke to you about the guest toilet leaking into the basement and the mold on the bathroom ceilings that had been painted over prior to our moving in, as well as the refrigerator not being up to par - smelling, not being very cold, the freezer leaking into the fridge, and having no shelves. You told us that it was our responsibility, and would not listen when I told you it was not.
The refrigerator has recently gotten to the point where the smell is just terrible and is stinking up the kitchen. Furthermore, it no longer keeps anything cold and as a result, over $100 worth of food has gone bad. We recently have had to go out everyday to buy that day's food, because nothing is being kept cold. Also, the mold in the guest bathroom is seeping through the paint, making that shower un-usable.
Please let us know when you will be able to fix these issues. Because of the serious nature of the refrigerator and possibly the mold, we request that it be done within the week.
Thank you
Sincerely,
[Mr. and Mrs. Tenant]
On Tuesday the 22nd, we received this response:
[Tenants],
I just got your message this morning, and am truly sorry for the inconveniences these issues have caused you. Being so far away from the situation is not very convenient.
When we signed the lease, we agreed to lower the rent from $1200 down to $1000 for the purpose of you making some updates in the kitchen, etc. My first question is, has then been done? If not, since you have been there six months now, we could consider it a breach of contract and expect the full rent be paid as well as any late charges as well. I would prefer not to go this route. If that has not already been started, another option would be to use the $1000 you have saved from the rent being lowered and apply it to these issues at hand. I just did a search on Sears web site and a side by side refrigerator can be purchased for approximately $800. Other stores (Lowe's, Home Depot, etc) may have a better price. The remaining $200 could then be used to have someone come and check out the bathroom issues.
We do want these issues taken care of as well, let us know what you decide to do about it. Thanks.
[Landlord]
The kitchen provision he's mentioning is section 35 under special provisions, our lease says "Landlord agrees to deduct $100.00 per month for a total of $1200.00 if Leasee provides a new stove & kitchen counter tops. The rent due will then be $1000 per month due to landlord. No Pets."
I have no idea what to say to this email. Obviously he's wrong, but I'm unsure of what I'm able to do about it. A few things I've read imply that at this point I need to buy a fridge and pay for a plumber, etc, and then take the cost out of rent. The problem with that is when we first moved in, they overcharged us $419.32 and when we tried to take that out of the next month's rent, they immediately started the eviction process until we agreed to pay the full amount. And like I said, every time there's a problem or maintenance issue, they tell us to fix it ourselves and when we tell them they need to do it, they threaten us.
We don't really have the means to just move out. We also don't have the means to buy a refrigerator along with paying rent this month. I left my job recently to re-enlist into the military, and my wife just had a baby, so we are both unemployed and dipping into our savings. We have two other children as well, and all of our diets are suffering as a result of the refrigerator being broken. My wife breastfeeds but has had to supplement with formula because she can't refrigerate the milk and as a result lost some of her supply. We also can't have guests over as the smell from the fridge is embarrassing and stretches into the dining room. It's nearing the end of the month, what can I do about all this? How should I reply to their email?
