Bad Living Situation

[Scott Riggott]

I'll try to keep this as short as possible (ok, just finished - it is rather long).  I included a redacted version of my lease below a bunch of equal signs (====) for anyone who really wants to read into this.

TLDR:  Signed a lease I didn't feel good with a landlord who modified the lease after a version was already agreed on.  Landlord raised the rent after a deposit was put down.  Landlord seems like a person that would do anything to squeeze every dollar out that he can. Several corrections still need to be made for the apartment to be move-in ready (I have been moved in for 2 weeks).  Last night, the dryer fried $300-500 worth of my clothes.

I am curious if anyone has any idea what my options are / how I should handle this relative crappy situation with 354 days remaining on my lease.  Dates below are generally correct - but events are definitely chronological.

- I looked at an apartment in West Hartford, CT in early August.  The owner lives on the West Coast so his mother and a friend both act as agents.  I responded to the Zillow ad with his mother's contact information.   The apartment was listed for $1,850/month.  On the initial walkthrough, the apartment needed some cleaning but we didn't look super close at every little detail - it has new kitchen appliances and granite countertops and seemed to generally need some cleaning.  No big deal.  We tell his mother that we are interested and would get back in a day or two.

- A few days go by, my friend and I decide we want to live there so I call up the mother and she says okay, you just need to bring me a check for your deposit of $1,850 and the apartment will be held for you.  The target move-in date of 8/30 was okay.

- 8/13 - The landlord calls me to introduce himself and asks us to fill out an application for a credit check and background check. All good, no problem, I just ask him to see the lease.  He says he will get it to me in a few days.

- 8/16 - The landlord gives me a call, says there was a communication error.  He tells me that his agent (the one that is a friend) didn't know a deposit was placed on the apartment, and he showed it to a couple that would be moving in a week earlier than me and at a rate of $1,950 per month.  He explains to me that he wants to be fair because I already put a deposit down, but the fact that I'm moving in a week later and paying $100 per month less, he just can't overlook it.  He explained to me that he has 5 kids and is going through a divorce and tons of credit card debt from redoing the kitchen - all this stuff that isn't my problem.  I push back, I say we had a deal, I put a deposit down - you can't do that.  We go back and forth, I offer to meet him in the middle at $1,900/month to just put it to bed and move forward *shame on me*.  He pushes back that the one extra week is ~$500 that would be very helpful.  So I tell him I need to talk to my friend/future roommate.  We come up with the idea that we will first offer to pay him 3 months of rent up front (8/30/19 - 11/30/19) at the $1,850 rate.  If he still pushes back a lot, then we will offer 3 months at $1,900, explaining that it would really help him with his credit card debt - and we really want to live here (we are both a 5-7 minute walk to work) *shame on me*.  He "reluctantly* agrees to this.

- 8/18 - my roommate and I apply for the apartment on Zillow using their system which does a background check and credit check - we both have no issue whatsoever (both have very good credit and great incomes).

- 8/19 - The landlord sends me the lease.  It is TERRIBLY written (typos, contradicting clauses, higher security deposit than agreed, and probably a lot more).  I happen to work in commercial real estate for a small private company and one thing I do a decent amount of is drafting and reviewing leases.  I realize this guy is not a real estate person, so I focus mainly on issues concerning economics (move out conditions, how we get security deposit back, and then a few contradicting things and a minor thing or two).  We have a phone call and go over all of my items, point by point.  He agrees to almost all of of my changes and I am happy with the changes.  He even said to me at one point in the conversation, because there were SO many things wrong that he "thinks he sent me the wrong lease".  I tell him I will redline the original lease so he can see all of the proposed changes from our call and send him a clean version to execute - he says okay.

- 8/20 - I send him the redlined lease and a clean version for execution.  I ask him to review and make sure it all looks good.

- 8/25 - I follow up to see if Landlord reviewed comments that were discussed on the phone and outlined.  He replies "Reviewed it, looks good - please sign it and pdf it back to me".

- 8/26 - Sign and pdf lease back to landlord and asked him to send back to me once signed.  He signs it and sends it back with more highlighted changes.  I had asked for a walkthrough of the premises during the term of my lease and after everything was moved out (ie. if I move out on October 25 and the lease end date is October 31, I could request a walkthrough anytime from 10/26 - 10/31).  The purpose of this was to protect myself so I can correct anything that needed care in order to get my full deposit back - I also had a terrible feeling based on my prior phone calls with him that he looks for ways to keep security deposits at the end of a lease). Landlord's added language stated that he could charge me for anything he finds for 31 days after the lease end date.  We disagree a bunch, I lose the battle.  Keep in mind, he made this change AFTER agreeing on a finalized lease.

8/26 - (God bless anyone still reading this) Same day.  We have a phone call that night to discuss the above point.  Additionally, on this phone he call he mentions ANOTHER clause he wanted in the lease that was non-negotiable.  He basically wants us as tenants to pay $60 for any time and every time a professional is called in to do work on anything.  Here is the language, copy and pasted from the lease:

17. For repairs:
a. Tenant is to apply best effort to repair / fix issues on their own without calling a professional. To achieve that, tenant is expected to do due diligence and exhaust all available resources, e.g. internet research for DIYs videos and articles, to try to diagnose and fix the problem.
b. If a professional service provider will be called, tenant shall be responsible for the first $60.00 of the cost of such repair.
c. Cost of repairs that are not caused by the tenant: first $60 is tenant’s, the rest is the landlord responsibility.
d. Cost of repairs that are caused by the tenant: is entirely the responsibility of the tenant.

At this point, I have a terrible feeling about this, but it's now August 26 and the lease on my current apartment is expiring very soon.  I feel totally swindled.  We argue about this, and I give in, again.  My friend and I sign the lease, landlord signs the lease, it's done. Shame on me.

8/30 - I am hyper sensitive and feeling that the landlord will do anything he can in the end to keep my security deposit, my roommate and I go through the apartment with a fine tooth comb and come up with a laundry list of things that need to be corrected with photos of everything.  Here is that list:

Kitchen
Window near panty doesn't open
Pantry shelves and storage areas not cleaned
Old items left in apartment (former tenant's junk in closets, etc)
Hole in bottom and side of cabinet above stove (just an fyi)
Floor has damaged areas (fyi only)

Back Corner Bedroom
Broken exterior window, glass not cleaned up
Blind missing
Window not sealed
Crack in ceiling in closet (fyi only)

Middle Bedroom
Blind in right side is broken

Large Bathroom
Fan makes loud high pitch noise (only sometimes)
Minor stains in floor (clean if possible, or just fyi)
Molding is cracked on tub (fyi)
Blind doesn't work properly

Front Bedroom
Both blinds missing

Front Closet
Items left behind

Living Room
Window sills very dirty, have spider webs
Small cabinet to right of fireplace difficult to open/shut
Fireplace is not cleaned - wood and ashes left behind
Stain on entry french doors (looks like a booger)

General
Hot water does not work
All window sills are very dirty, some have spider webs (screens were left open allowing spiders to access)
Many electrical outlets are recessed further than they should be - some plugs may not be able to plug in
Windows (interior or exterior are dirty/stained)
Door from dining room to kitchen should be removed (no door handle from dining room side and door scratches ground)
Vegetation at front door needs to be cut back (covering mailbox, blocking entry to door)
Exterior of house is dirty, should be power washed - looks like a sore thumb in the neighborhood

We basically agree on having the apartment cleaned (windows, "booger" thing, etc), loose items removed, removing the door, correcting the vegetation and having all of the blinds replaced, hot water being corrected.  Landlord's agent who is a friend is also the property manager, we meet with him and he is going to take care of everything.  The cleaner comes the next day and only cleans the windows and sort of cleans the pantry.  While cleaning the windows, she knocks a bunch of them loose (preventing them from opening or closing all the way). It takes the agent/property manager a while to come back to fix them, but he does.  He also says all broken blinds would be replaced on 9/6.  As I write this on 9/12, they have not been replaced.  The door has not been removed, the vegetation has not been cut back.

Last night (9/11) I decide to my first load of laundry at the new apartment.  I live in a multi-family house that is two floors.  The 2nd floor has in-unit laundry and those machines are for their use.  The washer/dryer for my unit is in the basement.  I go down to do my load of laundry, and the washer is finicky (the dial is hard to use), but it works.  Then, I go to dry my clothes.  Rule #1 of drying your laundry, clean the filter before drying.  Holy F'ing crap, this thing hasn't been cleaned in probably 300 loads - it's a wonder it didn't cause a fire.  I pulled a grizzly bear and it's entire family out of the filter area.  It's disgusting.  Having no option, I clean the thing by hand (couldn't fully clean it - it was hopeless and disgusting).  I put the filter back in, throw my clothes in and dry them.  I take off for 2 hours, come back and they are mildy damn - sort of expected.  It's 11pm, so I run the same "normal" cycle again go to bed.  I get up at 7am to get my clothes out and the dryer is still running, 8 hours later.  I open the door, feel the clothes (they are very hot) and leave the door open so they can cool off while I go to work.  I get home from work, and my clothes are in the basket, with someone else's stuff in the dryer (2nd floor).  I'm not even sure where I'm going with this part of it - just that the dryer is also having issues (and a 2nd floor neighbor that doesn't use their own IN-UNIT laundry for some reason).

I'm sure I left a lot of stuff out - but I'm tired and this is FAR longer than I ever anticipated it being.  Bottom line is I signed a lease that I never felt good about.  The landlord while probably not doing anything illegal has provided me a less-than-ok living situation in my opinion (and probably in anyone's opinion).  Redacted version of the lease is below.

========================== BEGIN REDACTED LEASE DOCUMENT=====================

LEASE

LEASE made this 28 day of August 2019 between Landlord _________ and tenants _____________, ______________. Tenant(s) take the dwelling described as __________________________, in the city of West Hartford, Hartford County, State of Connecticut, for the term of 12 Months and two days commencing on the August 30, 2019 and ending on the August 31, 2020 at a monthly rent of ($1,900.00) payable in advanced without demand, on the first day of each month, to be used and occupied as a strictly private residence for the Tenant and Tenant’s immediate family consisting of 2 adults, (_________________, ______________________), 0 minors, only and for no other purpose whatsoever. The following persons only will be residents in the unit for the period of the lease:

The Tenant must pay to the landlord the sum of ($1,900.00) which the landlord holds and retains as security for the faithful performance by Tenant of his duties and covenants under this lease. This security is to be applied to any damage sustained by Landlord due to the breach by the Tenants of any of his duties and covenants under this lease. Any portion of such payment remaining after the end of the lease term, and any extension and renewals thereto which has not been applied to Tenant’s rental payment shall be renamed to Tenants within thirty days after Tenant surrenders possession of the demised premises, provided Tenants has complied with the covenants, terms, and conditions of the Lease. If, at the commencement of this term of this lease, Tenants shall be in default in the payment of rent and other amounts owed to Landlord pursuant to the terms of a prior lease with Landlord or with Landlord’s predecessor in interest, Landlord may at Landlord’s option and without notice to Tenant add the amount of such arranges to any monthly installments of rent payable hereunder, Security Deposits will not be accepted in lien of any month’s rent. Prior to the termination date of this Lease, Tenant may request Landlord or Landlord’s designated representative to do a walkthrough of the premises for the purpose of inspecting the condition of the apartment as to whether it is satisfactory to Landlord. If the condition of the apartment is satisfactory to Landlord, then the Security Deposit shall be returned in full to Tenant within thirty (30) days of the expiration of the Lease or move out date, whichever is later. If the condition of the apartment is not satisfactory to Landlord, then Landlord shall notify Tenant of all specific conditions which are not satisfactory, and Tenant shall have until the end of its Lease Term to correct such conditions in order to have the full amount of the Security Deposit refunded. Within thirty (30) days of the move‐out date, if more issues discovered that were not discovered during the initial walk‐through or were incurred after the initial walk‐through but before the move‐out date, they will be repaired/ addressed by landlord and related cost will be deducted from the security deposit.

UTILITIES:

1. Tenant(s) agree to pay for all utilities.

2. Water bill is to be calculated by landlord and sent to tenant several times a year. The calculation is done by dividing the amount billed due by two, (2), the number of units in the building.

WE AGREE TO:

3. Supply at no extra charge the following. a. A refrigerator b. A range c. Washer and Drier d. Building/grounds maintenance

4. Use of parking space a. One parking covered space. b. One uncovered space.

YOU AGREE TO:

5. PAY ALL RENT BY Direct Deposit TO Landlord Bank Account, ON OR BEFORE THE FIRST DAY OF EACH MONTH. A $100.00 late charge will be due if rent is not received by the 10th of the month. A $50.00 Charge will be due for any bank account issues/ check returned “FOR INSUFFICIENT FUNDS” from the Bank. These charges shall be paid by Tenants as additional rent and shall not in any way affect Landlord’s right to declare default under this lease for non-payment of rent.

6. Tenant(s) are all individually and collectively responsible for the entire amount of the rent. Should one of you become unable to pay their share of the rent for any reason, the other(s) are responsible for the entire amount of the rent.

7. Apply any portion of any current rent towards arrears in late charges, security deposit and other fees due and owing.

8. Not use the security deposit as prepayment of rent for the last month of the lease.

9. Observe the regulations which are a part of this lease.

10. Leave the unit in good and clean condition when you move out.

11. You will be keeping a clean and tidy appearance of the outdoors.

BOTH OF US AGREE:

12. We may repair any damage to the unit and grounds caused by you or by any member of your family and charge the cost to you for expenses.

13. You will receive no rent reduction or compensation for damage or inconvenience due to repairs or interruption of service or any other reason except in the event that such interruption of service is due to negligence by Landlord to repair or return services to acceptable working order in a timely manner which shall result in a day-for-day abatement of rent. As such, Tenant agrees to notify Landlord as soon as any issues arise, and Tenant shall not receive a rent abatement for any days prior to its notice to Landlord.

WE MAY CANCEL THIS LEASE GIVING YOU:

14. Three days’ notice if the building is damaged and we decide not to repair it.

15. Whatever notice we receive if the building, or any part of it is taken by any government agency for any reason.

IT IS AGREED:

16. At the expiration of this Lease on August 31, 2020, the lease shall be converted to a month-to-month lease at the same monthly rental rate of $1,900.00 per month. If Tenant elects to terminate this lease, Tenant must provide Landlord not less than two (2) months advance notice by phone call and either email or text message (i.e. to terminate the lease on August 31, 2020, Tenant must notify Landlord no later than June 30, 2020). If Tenant does not provide at least two (2) months’ notice to Landlord and Landlord is unable to find a replacement tenant to occupy the space within one (1) month of Tenant vacating, then Landlord may retain some or all of the security deposit to compensate Landlord for any losses, damages and expenses incurred thereby.

17. For repairs,

a. Tenant is to apply best effort to repair / fix issues on their own without calling a professional. To achieve that, tenant is expected to do due diligence and exhaust all available resources, e.g. internet research for DIYs videos and articles, to try to diagnose and fix the problem.

b. If a professional service provider will be called, tenant shall be responsible for the first $60.00 of the cost of such repair.

c. Cost of repairs that are not caused by the tenant: first $60 is tenant’s, the rest is the landlord responsibility.

d. Cost of repairs that are caused by the tenant: is entirely the responsibility of the tenant.

18. If you do not move out when this lease, or any renewal of this lease ends or is cancelled, we may bring proceedings and dispossess you.

19. If you do not leave the unit in good condition when you move out, you will pay, on demand, as damages all cost of cleaning, repairing, and redecoration the unit, and forfeit all or part of your security deposit, based on the cost of such cleaning and repairing. Any remaining Security Deposit shall be returned to Tenants plus applicable interest within thirty (30) days of vacating the premises. If the premises are left in good condition, taking into account normal wear and tear, the Security Deposit shall be returned in full to Tenants within thirty (30) days of vacating the premises.

20. If you do not pay the Rent or Additional Rent or Additional Security Deposit or violate the terms of this lease, or, if for any reason, you move out before the end of the full lease term or any renewal thereof, or do not live in the unit for a period of ten (10) days, a. We may immediately cancel this lease, and we shall thereupon become entitled, without any further notice to you, to immediate possession of the unit and, b. All rent under this lease shall immediately become due and payable c. We may bring proceedings to dispossess you, and d. Sue you for the unpaid rent.

21. Notwithstanding any contract provision contained herein, that in any action or proceeding commenced by the Landlord against you, the Landlord shall be entitled to reasonable attorney’s fees.

22. If we bring proceedings to dispossess you, or an action to enforce any of your duties or covenants under this lease, or if you violate any term of this lease, you will pay on demand as damages, a. All costs of any such proceedings and other legal actions, including reasonable attorney’s fees; b. Interest at the rate of 12%; c. One-month additional rent each month in addition to the regular monthly rent; d. All other expenses of removing you; e. The cost of redecoration and repairing unit; f. All re-renting expenses including advertising; g. A re-rental fee of $250.00.

23. The unit shall be delivered to Tenant no later than August 30, 2019.

24. You will not assign this lease; nor will you sublet your unit or any part of it without the Landlord’s written consent. If such consent is given, you will still be responsible for all the terms of this lease.

25. We have made no promises except those in this lease.

26. Although we may fail to take action on account of any violations of this lease by you, we do not hereby waive our right to take action on account of any such violations, or any other violations by you.

27. ALL NOTICES under this lease MUST BE IN WRITING. We cannot regard word of mouth information as “notice”.

28. This lease can be CHANGED IN WRITING ONLY, signed by both of us.

29. This lease is subject to and subordinated to all liens or mortgages now or hereafter placed on the property.

30. Each person signing below as a tenant and co-signer agrees to be jointly and severely liable for the payment of the rent and any monies that become due to the Landlord under this lease. Each person signing as co-signer is automatically carried over as co-signer on any subsequent lease Renewals or Leases of the company or in the event of Holdover or in the event of Transfer unless Landlord gives a written Release to a co-signer.

31. This lease shall be binding upon the parties hereto and their heirs, administrators, executors, successors, and assigns.

32. In the event of a conflict between the terms hereof and the provisions of Connecticut Public Act 7695, the provisions of said act shall govern.

33. If you abandon by moving most of your belongings in your unit and leave some of your belonging in the unit and fail to return for the rest of your belongings within 10 days, we can remove the belongings you left behind. If we do remove these belongings we are not responsible for storing them or returning them to you. If we do store them; we can ask you to pay a reasonable storage fees.

34. All lease renewals are subject to prior sums of money owned.

35. Carry renter’s insurance.

36. HOLD-OVER. If you continue to occupy the unit after this lease ends or any extension thereof, you will pay up $150 each month as additional rent, payable in advance without demand, on the first day of each month and any additional monthly increases which may occur. A new month-to-month tenancy shall be created between Landlord and Tenant which shall be subject to all the terms and conditions hereof but hall be terminated on sixty (60) days’ written notice served by either Landlord or Tenant on the other party.

REGULATIONS

YOU AGREE TO OBSERVE THE FOLLOWING REGULATIONS AND ANY CHANGES WE MAY MAKE, ALL OF WHICH ARE PART OF THIS LEASE.

YOU WILL NOT

37. Leave any personal belongings on or in any way litter lawns, walks, driveways, grounds, public halls, obstruct the grounds or loiter, stand or sit outside of the building, lobby, or in public halls.

38. Do anything to disturb your neighbor, play live or recorded music, radios, or television so loudly that it disturbs your neighbor. You may not play live or recorded music before 9 a.m. or after 10 p.m.

39. Overload the electric system or use the kitchen sink or the toilet for garbage or waste.

40. Erect any window or door signs or outdoor radio or television aerials or hang anything on balcony railings.

41. Change the existing lock or add an additional lock to your unit door.

42. Store any highly inflammable material in the storeroom, or in the unit.

43. Do anything that will violate any law or increase the insurance rates on the building.

44. KEEP ANY PETS OF ANY KIND IN YOUR UNIT. If pets found, you will pay an additional rent $100.00 per pet per month and increase your security deposit by $300 until the removal of the pet.

45. Redecorate the exterior of your unit without our permission.

46. Install dishwashers, washing machines, dryers, or another major appliance in your unit.

47. Permit any nuisance on the premises.

48. Install a water bed.

49. Use the unit for any illegal or immoral purpose.

50. Block any sidewalk, halls, or stairways, and you will not use them except to go to and from the unit.

51. Cut any holes in the unit, floors, doors, windows, appliances, or fixtures in the unit or change the appearance of the windows in any fashion. Small nails, hooks and screws are acceptable.

52. Drive vehicles on the lawn when moving in or out.

53. Keep any unregistered vehicles, or will you repair any vehicles on the premises.

YOU AGREE that we will change these regulations from time to time as may be required to protect the property or add to your enjoyment.

YOU WILL

54. Take good care of the unit and the equipment we supply, and if carpeted, maintain and leave in professionally cleaned condition. TAKE OUT TRASH.

55. USE THE UNIT ONLY AS A RESIDENCE FOR THE PERSON LISTED IN THIS LEASE.

56. Agree to pay a charge of $0.00 for moving from one unit to another if apply.

57. Obey the parking regulation which are, or in the future posted. However, in no event are Landlord or management responsible for any loss or damage to your vehicle or the contents thereof.

58. Permit us to enter the unit during reasonable hours and with at least 24 hours’ prior written notice (except in the case of an emergency) to a. Inspect for, or make necessary repairs, or b. Show the unit to future tenants.

59. You will bear the risk and we will not be liable to you if your belongings are stolen or damaged whether they were in your unit, a storage area or elsewhere in the building on the premises or parking area, or is someone else is injured in your unit.

60. Maintain a minimum of heat in our unit enough to protect pipes and other water facilities from damage by freezing and in the further event you plan to be absent for more than thirty (30) days, you will give written notice to management to arrange reasonable inspection of your unit to determine heat is maintained.

61. Return all keys issued to you by management, no later than the date and time specified on this lease.

62. KEEP FRESH CHARGED BATTERIES IN SMOKE DETECTORS AT ALL TIMES. The unit has operating smoke detector(s) and operating batteries currently.

63. Immediately upon moving in you agree to pay

a. Received $1850 Deposit

b. Pay $50 Remaining of Security Deposit ($1,900)

c. Pay $5822.58 3 months’ and 2 days rent (August 30, 2019 – November 30, 2019)

d. TOTAL TO PAY: $5,872.58

e. If tenant pays the payment of $5,872.58 referenced in this Section 63, Tenant’s next rent payment shall be due on December 1, 2019 in the amount of $1,900 and at a rate of $1,900 each month for the remaining term of tenant’s occupancy.

64. We may REPORT TO CREDIT REPORTING AGENCIES any lack of payment of rent, late charge, fees, damages, and other sums due in addition to another breach of lease.

65. Security is the responsibility of the tenants and the local police.

End of lease (signature lines deleted)