General Discussion
In reply to the discussion: Anyone here ever break a lease? (please read before commenting) [View all]okaawhatever
(9,565 posts)street that day. Most states have a process that you have to go through that could render any reasonable complaint void if it's not followed. For example, you may have to put in writing your complaints and request health dept inspection or something. Even if the law doesn't state that you have to send certified mail, do so with return receipt. Scuzzy landlords do all kinds of scuzzy things. Regarding the two attorneys at your church, call them at their office. If you don't know their names ask them for a card before or after church so that you may contact them during your work hours. If you don't have the money to pay upfront, explain your situation and ask for a payment arrangement (if they win, they'll probably recover their fees anyway). Those attorney's may not practice real estate law but they will be happy to give you a referral. You shouldn't have to lose your deposit with this situation. You hopefully will be able to recover the cost of moving since it's not your fault you're incurring the expense. One other thing about an attorney, your discussions will be kept in confidence per the law. That may be a benefit if questions arise during a custody hearing. He will also be able to help you deal with any fall out from a custody standpoint. Your attorney can insist that you get a letter of recommendation from the landlord as part of the settlement, and that hey can never give a negative referral. I think an unresolved mold issue is a good explanation. That doesn't imply fault on your part. You may also look at the local country court records, many counties put them online. Research the mgmt. company to see if they've been sued and who they sue. You can also go to the local property assessor website and find the owner of the property using your address.
I used to own several rental properties, but never had places like yours or problems because of my dishonesty so I don't know what the process is. I kept mine repaired because I didn't want additional damage. I do know that you should be careful about the approach you take. You need to make it clear that these things weren't obvious when you signed the lease, and that a "reasonable person" wouldn't have been able to identify the problems. The windows and door leak may not be reason to break a lease, ditto the screens and their lying about the mowing/water money if it wasn't in the lease. Did they give you a copy of the lease? You need to show that they willfully concealed the problems. You may want to ask your attorney if you can sue the mgmt. company for misrepresentation. I think you should be compensated for all of this. You have to have your children stay elsewhere, it's making you sick (you'll probably have to prove black mold), and will incur the costs of moving, paying utility turn on fees again, etc.
Sorry for the rambling, just some thoughts. I don't think you should have to incur the costs of moving and I definitely thing you need to hire a local attorney. There are too many moving parts especially with potential custody issues. The attorney should be able to recover his fee from the landlord. Good luck.