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Kim | Is it illegal to allow tenants to live in an apartment without a stove or fridge? |
We rented a house for $1,200.00 a month and were promissed a working stove and fridge within 2 weeks after we moved in. Every month we asked the landlord when we would be getting them, even threatened to hold back money, until he got really mad. After four months we had to find a place with a stove and fridge and moved out. Is there anything legally I can do? |
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ramman
|
If it was listed in the lease agreement that you were to have these appliances included (and it is assumed that they be in working condition) then you would have been right to withhold rent. However, the correct way to withhold rent is to put the rent amount in escrow with the Clerk of Courts, not just quit paying.
If putting the money in escrow does not solve the problem quickly, you could call your local Code Enforcement Office and file a complaint with them. Because the owner is in violation of the lease agreement, he could have possibly been fined for failure to comply.
It is not illegal to rent out a home without those appliances, if you agreed to rent the home without those appliances.
Good luck!!! |
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tbear
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Only if you had it in writing and then you can sue him for the cost of moving. If you did not have it in writing and you broke the lease by moving you should forget about it and hope he does too or you will be paying the landlord for lost rent. |
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Kenneth F
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Call the Legal Aid Society, listed in the phone book. In most places this would be illegal. Did you have a lease? Does it refer to the stove and refrig? If you are in a large city, check with the Department of Housing or some other office along those lines. |
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Culture Warrior
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Take him to Judge Judy. |
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iritadragon
|
Before signing any tenancy agreement, you should walk through the property with the landlord, and list all those things that currently need fixing.
Then you write out an addendum to his contract stating that the landlord has agreed to fix these things, and state the time frame agreed upon. Have the landlord sign and date it, then you would sign and date it.
On the original contract you would write a sentence saying that there is an amendment to the conditions on the attached agreement. This one line would need to be initialled by both you and the landlord, and dated.
Then both of you would receive copies of both the original contract and the amendment BEFORE YOU LEAVE THE BUILDING. This makes it a legally binding agreement.
The landlord shouldn't have any trouble signing these amendments, if he is going to be a landlord in good faith and live up to his contracts.
If the landlord REFUSES to sign any agreements or addendums, then you can be sure that it is a sign of his unwillingness to honour the contract. Then you would choose NOT TO rent his property, and find an apartment elsewhere.
If the landlord DOESN'T live up to the conditions agreed upon, you can take him to court for not fulfilling his agreed upon terms.
In all instances, if you have a contract (even if one or both parties are in breach of that contract) you are both legally liable to fulfill that contract until the date it ends. That means that he has to supply you with that address to live at, and you have to pay for it. Taking him to court for non-compliance is your only option.
Where I live, there is a governmental authority that keeps strict regulatory control over the laws by which landlords and tenants must deal with each other. If you have the equivalent in your area, they are always a good place to go for arbitration with your landlord.
ALL tenants should make themselves aware of their rights under the law, in their areas. |
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le_roche
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Did your agreement state that a stove and fridge would be included? If not, then there's nothing you can do. Usually, landlords follow local custom, but they're not required to provide these items.
Never complete any transaction based on a promise. Always get it in writing. |
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the_great_flagon
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If you have nothing in writing e.g like a tenancy agreement stating that you will be renting a place with a stove and fridge then you have no battle to fight.
although try find the advertisement in the news paper if you have it laying around, maybe it says house $1,200 a month including stove and fridge. You could get him for false advertising or something. |
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wisdom2002
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No I don't think there is any legallity about this, you did not buy so you don't pay!
If the owner had given you the stove and the fridge you wouldn't have gone out. |
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Phoenix, Wise Guru
 |
The landlord is not required to provide a stove and fridge.
Three ways you can get him:
1. If you have his promise in writing.
2. If your lease states that appliances or stove and fridge are included.
Also, this could be deceit or false advertisement or something similar. He got you to rent the place by telling you you would get a stove and fridge and then failed to deliver on that promise. This could be considered fraud and is very much illegal. I suggest that you send him a letter explaining that you will take him to court for defrauding you if he does not return half of the rent you paid, your security deposit and consider the lease null and void. It might be worth getting a lawyer. If he promised a stove to get you to rent the place and didn't deliver, that's illegal. |
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♥♫♥ Crystal ♥♫♥
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If you have documents to prove he promised you those appliances you can, if you do not it will be much harder as it is your word against his, you may be able to take him to small claims court although I dont know what you would ask for, maybe you could ask for some of your rent money back because the property was not fit to live in. Its worth a try. |
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Hunter H
 |
No there is nothing legally you can do. Unless you can find something in the lease that says that the rental came with a stove or fridge. If you do find something in the lease your landlord technically has to provide the services mentioned in the lease. I forgot to mention that the landlord might of gotten in a verbal contract by saying that a fridge and stove will be given. If this is true you can do some legal action but not much. I suggest looking up verbal contracts online and seeing if it will benefit you. |
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