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Landlord (homeowner) trying to back out of a singed lease!
This topic is for a friend of mine.
They signed a lease for a property and expected to move in, in 8 days. Now homeowner is saying property is in uninhabitable. Saying roof needs replaced and septic/plumbing lines are bad and are trying to back out of lease. Homeowner is saying that they can’t afford the repairs. Again lease has already been signed and deposit has been given.
Friend or person leasing wants to move in regardless of repairs and is willing to negotiate lease terms just to move in, since they planned their whole lives around this move. What can a renter do to protect themselves? I was under the impression that a landlord has to provide a habitable home before signing the lease, and if not they must fix the problems and homeowner is saying they weren’t aware of the repairs until a few days ago. Isn't this something they should figure out before offering the property to lease?
I recommended my friend to get an inspection to really know whats going on and to possibly file a lawsuit for the total lease amount. I just want to know what the plans of action they should take.
Thanks!
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- Virginia Beach, VA
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Sounds to me like the landlord is being responsible if they legitimately cannot afford the necessary repairs at this time. You'd have to check the Washington landlord tenant law and ask around to see what common practice is. In VA if a tenant is unhappy about repairs, their only legal recourse is to file a tenant assertion with the court, keep rent paid current, either to the landlord or to the court, and report the situation to the Judge. If the landlord reported that they could not/would not fix the repairs, the Judge would most likely order the lease be terminated. The tenant has not had financial loss in this situation. A house without adequate plumbing is not habitable. Why would any Judge give them a judgment amount for the value of the lease? They can in no way prove a financial loss of that amount. I've never one time seen that happen in our court system. Not even close. It sounds to me as if your friends is looking for a get rich quick scheme on the back of this poor landlord, and you are encouraging him/her. Shame on you!
- Patti Robertson
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