Rental agreement unreasonable regarding repairs

[Michelle Glenn]

I moved in Sep 1st but did not sign the lease yet now that i have read the lease and i don't agree with some of the terms that were unclear to me when I paid the security deposit one month ago.my landlord has old outdated appliances that I did not get a good look at before I moved in, the refrigerator is banged up on the inside and dirty, the built-in microwave has a large cracked around the door frame a and missing shelve inside, the stove is old and cheap looking, the dish washer is old and missing the bottom panel by the floor, the wash machine works but it is old, the dryer is old and doesn't blow hot air.All appliances look as if they would breakdown at any moment and she wants me to agree to make all repairs and replace if broken. when i moved in many electrical outlets were not working but she got them fixed the next day, i told her about the dryer and she's calling someone to take a look at it but told me i would normally be responsible for the repairs but wouldn't charge me this time since i just moved in.she tells me I'm also responsible for annual maintenance of the fireplace even if i don't use it and the furnace, and want to see a receipt for the maintenance each year.Is this common?I have never signed a least like this before and i don't want to get stuck paying for old appliances that need to be replaced.i already paid her at total of $3,900,$1,300 for 1st month’s rent and a double security deposit due to past credit issues.Is it too late to walk away since i have already moved in? Would i be entitled to get my money back it i did?I would be willing to stay at least a year if she would make a few changes to the rental agreement i just don't want to be responsible for the problems that can take place in an older condo and for the older appliances.Please advise.

[Kevin Harrison]

This is a sticky situation. Since you have already moved in but have yet to sign a lease you should be entitled to your money back minus pro-rated rent for the time you have been there if you do not stay. I would most definitely not sign that lease if the appliances are as you say they are. But know that if you decide to move out you need to start looking for another place asap, and that you may have to end up suing to get your security deposit back. If you decide to try and negotiate the lease I wish you the best of luck because it sounds like your landlord may be trying to get one over on you.

For future reference you should always read the lease in detail before you sign it and you should have a signed lease before you move in. A lease protects you more than it protects the home owner.

[Colton S.]

I'm surprised that they would allow you to move in without a lease, honestly. The landlord did not do something right. I would bring up the concerns with your current landlord, and state that the condition of the appliances is a concern to you, and you do not want to be responsible for them if they are damaged. Possibly as for a change in the lease where the landlord is responsible for the damaged appliances, or if it stops working due to the preexisting damage you are not responsible.

Normally, You wouldn't be responsible for any preexisting damage to the unit itself, it sounds like they're trying to squeeze in some hopeful replacements. They could very much not be doing that on purpose though, they might just not have realized it from your shoes.

[Jassem A.]

She probably can't afford better appliances or cannot see the benefit herself. See if she will let you bring in your own appliances.  I'd tell her that you can keep up with air filters but that repairs to the furnace are her responsibility and that you will not be cleaning the fireplace because it will not be used.

[Christine Kankowski]

On a side note, please take pictures of everything in the house: the appliances inside and out, light fixtures, everything.  Send a copy to the owner, just as documentation for both of you as to the condition of the property.  This way you can't be charged upon moveout for any damages. 

[Scott Weaner]

Suggest that the lease be modified to make the landlord responsible for the old appliances. She might just go along with that at this point.

[Brandon Battle]

You are being cheated and set up for a disaster.The landlord knows they're all garbage as is going to tell a judge that you destroyed them and you should pay thousands to replace them.You need a lawyer to get you out of this mess immediately before it's too late.

[Jeff B.]

Major errors on both sides here and your deposit is at risk. Regardless of what the LL did, said or expressed in the lease, it's all your fault for not conducting a move-in inspection and noting the issues.  Life time lesson here!

I always perform a walk-thru, take pictures and have the tenant make notes on the move-in check list - - it protects both parties.

Try to negotiate your way out and move out immediately.  Offer 50% of deposit for pain and suffering for mutual missunderstanding; allege you will report the unit 'unfit for habitation'.  Take pictures before you exit.

[John Teachout]

Are you sure you're understanding the appliance repair part completely? We provide a range and hot water heater and furnace/air conditioner for our rentals. Sometimes there are other appliances we leave in the property that we consider convenience appliances. These are fridges, washer/dryer, etc. It they break, it's the tenant's problem, not ours. We'll remove them if they have their own appliances. They're welcome to use them but we don't support them. It's made clear in the lease however. ie, if the fridge breaks, don't call me. If the range breaks, call me and I'll fix or replace it.

[JD Martin]

Thoughts:

1. You shouldn't have moved in without a lease. 

2. Your poor credit history has put you in this position in the first place, as far as how much you've put out.

3. I've never heard of double deposit. I've heard of first, last, deposit. Most states govern how much you can take as a deposit. What does your state say?

4. The landlord is a fool for allowing you to move in without a lease, although in your case she's got 3 months of rent in case you decide not to pay.

5. If those terms are truly her terms, they are unreasonable in light of what you've said here. I wouldn't sign that lease.

6. If you are staying I would tell her to store her appliances if she wants you to be responsible for them, you will get your own. 

I always send the prospective tenant an exact copy of the lease they are going to be signing before they pay me a dime. I want them to have a full understanding of my terms - how & when they are going to pay me, what they are/are not responsible for, special stipulations, etc - before they pay, because I don't want any crying later (there's no crying in landlording! Sorry Tom Hanks). I agree with @Jeff B. in that you should consider this a life lesson.