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Screwed in NC
06-28-2005, 04:53 AM
My Family and I wanted to move from Nv. to NC. to start therepeutic foster care for sibling sets. We found a house to rent through the internet. The Landlord and the Managegment company told us - over the phone - that the house would be perfect for this. They even sent some pictures - the ones on the internet were old and the ones on film were of really bad quality we couldn't see much except two rooms. We signed the lease - which included a clause allowing and acknowledging us foster caring - sent money and moved.
After we moved in, we noticed that the house was in serious disrepair and should be condemned. As per foster care procedures, we had the house inspected by the local fire marshall, who failed the house in about 5 minutes. A short list of problems includes no heat/ac, raw sewage spilling on the ground, dangerous electrical system, bad and non working plumbing, and much more. The landlord told us that repairs on somethings would be made but never were. After three months we wrote him a letter stating all the problems and asking when they would be fixed. After 9 months of living this way - a winter without heat and my wife developing pneumonia and my daughter sick as well - we are now facing a summer of no ac.
If we had moved before the end of the lease we would have been held accountable for the remaining time of the lease. Only after going to the news and calling the city inspectors who will be condemning the house this week has the owner said he will be making repairs.
Fair housing had suggested that we stop paying rent and 6 months ago we did. Now that the landlord says the work is going to be done and he doesn't want us to stay here as the work is being done, and as our lease is up in three months, he has offered us money to move. At first he offered us $2500. We made a counter offer and eventually he raised it to $10,000. We believe that the house was misrepresented to us in the first place and that the landlord and the management company lied to us about the condition of the house, basically fraud.
We were going into foster caring for the best of reasons, however there would have been some monetary gain from this. Also, we have incurred some pretty hefty bills directly due to the condition of this house - such as medical bills, heating gas, etc. If you add up everything that we laid out or loss due to this house and you subtract what the landlord feels he is owed in past rent, we are still out well over $20,000.
Here are the questions: 1. Should we get more than the $10,000 the landlord offered 2. Did the landlord and the management company commit fraud upon us prior to us moving in and can they be held accountable. Your responses are greatly appreciated and needed.

elklaw
07-13-2005, 10:06 AM
I doubt you would get any more than the $10,000 offered if you went to court, but you should consult a local attorney to better find out. You were in the house and there is some compensation owed for that, so the $10,000 figure seems fair.
As for fraud, you did live there and remained there even after the failed inspection, which would have been the time to bail on the place, which you probably could have done if you tried.

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