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Old 07-31-2005, 07:52 PM
tact04 tact04 is offline
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Default S.Deposit & repairs and trying to evict.... Help

I hope someone can help because I have looked everywhere and called and got some answers but need more. We moved in this rental in April and we pay our Rent on time every month!! We were promised alot of fixing would be done on the house and they would be done before June 1st 2005 and nothing .. NOTHING has been done. We came into the home and spent 1000.00 of our own money to "clean things up"- When we did this he told us we only had to put 1/2 the deposit down which would be 600.00--not in writing...REMEMBER THIS--((we thought it was because they rented to bad people but as we just found out tonight.. really its bad landlord who won't fix anything. Went to the store and the asst. Manager noticed on our check the address and just spilled the beans.. they are sueing the landlords long story but basically she told us what we are learning.. no fixing. They promised them all the same fixings too. ))Not only that but there is a in ground pool and Hottub. They both leak.. bad. The basement flooded... took three days to remove rotten carpet and then we had to wait another week for new carpet to be Glued to the floor! Before we moved in we made arragments on the security depsoit .. 550.00 for June and 550.00 for July and 100.00 down when signing.. oh and nothing in writing by the way of this.. Anyways When the Carpet downstairs flooded... it smelled of a cat litter box.. someone who had cats before let them use the carpet for the bathroom... the smell fille dour home fast... IT WAS HORRIBLE!! It sent my 5 year old son into a asthma attack and we had to rush him to the ER and his Blood oxygen level was 70!! Not good! Then we came home and tried to stick it out but we had to go back to the er again because he couldn't breath again.. this time we rented a hotel and he finally removed the carpet that he was trying to dry out to clean and leave.. So this set us back 1000.00 and we told him we would have to put off depsoit 1 more month. Well we got a email last week telling us that Aug rent and the full amount of secrity deposit were due on Aug 1st 2005! not 600.00 anymore the 1200.00 less 100.00 already paid. So I blew... I wrote a list of things not done and payment arragements for only the 600.00 to be paid... the man hates women.. I drove over to his house and hand delivered it. The very next day at 9 am I got a demand of possesion.. start of eviction for the amount of 1100.00 in past due RENT... (not past due on any rent its the deposit he talking about) So we waited a couple days to call him and make arragments and he denied the 600.00 and said he never said that, and said to come up with a plan. We then asked him how flexiable he was considering we have to come up with another 600.00 now and he wrote us back and told us that he is going to on Aug 1st take are 1200.00 we pay him for rent and use it for the deposit and then we make payments for the following two weeks to pay the rent.. in which i know what he is doing .. if we can't come up with it then he has grounds for eviction. in which the 1100.00 before he didn't, can't sue or evict for deposit like that. We don't want the rent going for deposit.. How do we avoid this?? We will pay our rent them our deposit. I have been told that he is really SOL for not getting the deposit up from and he's stuck but he can try to use our rent to put to the deposit.. How can I avoid this? Also we have been told there is black mold in the house.. theres two places and yes is black but who do I call.. I have confronted them on this and they deny it... Help for Drama tentant!
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Old 08-01-2005, 07:29 AM
elklaw elklaw is offline
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I suggest that you ask to be let out of the lease and be prepared to go to court to sue to be let out if you have to. I do not think this is going to work out from what you are saying. If you can prove what all is wrong via third party reports or estimates, pictures, etc..., I suggest going to court and asking for the lease to be cancelled and your deposit returned, then all parties move on.
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