Investor · Houston · Member since 2019 · 74 posts · 11 votes
Hi all,
I recently started a short term rental business. I rented a house under a corporate leasing structure and signed a lease and paid a deposit. The house was furnished mostly so I bought some items to complete furnishings and list on airbnb. Upon moving in i realized that there was a roach and rat issue and knew this would not be acceptable for guests, so I opted to move back out and not continue. I paid a deposit and first months rent but the catch is the lease was never signed by the owner. I will ask a law professional about this, but shouldn't I technically be able to simply get my money back after moving out since the lease was never in effect in the first place? The owner is refusing to return the deposit and rent. Any insight on actions to take would be very helpful, thanks.
You could very well end up owing all lease payments until the unit is re-rented. You should be inclined to help them get it rented out again so you only lose the money you’ve already paid. You would have saved hundreds if not thousands by simply requesting pest service. Hopefully you’ll only lose money already paid. GL
@Bill B. I appreciate you response. The issue was I was going to be listing the property on airbnb. I put myself in the shoes of the guests when they could potentially see roaches in the food cupboards or a rat running around. Is the argument of unsanitary or unlivable conditions reasonable to get out of the lease since this would have affected my business with her knowing there was a rat issue in the house and not telling me before hand?
Even if I would loose, is she allowed to keep first months rent AND my deposit?
@Wayne Brooks What do you think, does what you said still stand?
I'm not a lawyer, no legal advice, but I believe the fact that you signed the lease, the landlord gave you access and you used that access means you've both accepted the agreement even if one of you forgot to sign it. The lease should state who is responsible for pests -- mine says something about it currently is free from pests, and if it's brought to my attention within the first x days, like 14 days, I'll pay for treatment, but not after that as it could have come in from the tenant belongings or tenant created an environment attracting them. It should also state the terms under which you can exit the contract. So you may want to take it to an attorney and ask what your best plan is moving forward. I had a landlord forget to sign my lease and actually wanted me to sign a different, more restrictive one with extra non-refundable fees mid-way through, and I refused, still got to stay through the end of my lease with the terms I agreed to.