Real Estate Investor · Aurora, CO · Member since 2016 · 13 posts · 4 votes
Hi all,
I have been a resident for 4 years and there is a lot of work as far as paint, carpet etc. that needs done to get ready for a new tenant It was pretty much trash when I moved in and mentioned so on the checklist but nothing is really covered in the normal wear and tear. The place has bed bugs, roaches, trash everywhere, countless dv's instances. There was even a murder across the street. I have tried to move out and refused to sign the lease for another year, after a few months my rent jumped from 950 to 1500-1600 on a month to month if I didn't sign a new lease. So I signed for another year to get lease down to 1200. I have video's of bugs, reported everything from the bugs to drug needles in the kids playground, and can prove there was a murder across the street just off the property. I have 8 months left and just can't take it anymore. To break the lease its a 3 thousand dollar fee, plus whatever they will charge on top of that. I talked to them about wear and tear and they said they will charge me for everything, carpet, paint. They say its policy.
My question is, I need out and if I have to take them to court, is this at my expense, will this be on my record and make me homeless? What can I do in this instance? I know the cost will be 1500 to replace all carpet, flooring, and paint if I do it on my own, if I let them I know it will be 3-5 times that amount. Every Month someone is evicted here and all of there belongings are all over the property, dumpsters, halls, parking lot etc. I really don't know what my options are here. Also if you watch the videos, for some reason I could not edit out the f-bomb in the last few seconds. I am just talking to myself as I was very disgusted with this. Any rate any advise is greatly appreciated, as I do have a family, I desperately need to move, I am stuck. I don't want to be the reason my family is homeless. I need to know if I am hurting myself is this goes to court. Thanks.
Developer · Decatur, GA · Member since 2011 · 1k+ posts · 1k+ votes
10y
Yes, you have to cover your court costs unless you win and judge awards you your costs.
Have you written letters to them requesting additional pest control? Are you doing some work to kill bed bugs yourself? I hear a mattress wrap will suffocate the bed bugs and protect the mattress.
Continue to document the pest control issue. If it's out of hand over a long period and you can prove it, then you're more likely to be able to break the lease.
It's probably a lot cheaper for you to help the property manger to keep the place bug free and clean for a few more months than it is to have a court battle with an uncertain outcome.
Developer · Decatur, GA · Member since 2011 · 1k+ posts · 1k+ votes
10y
Yes, you have to cover your court costs unless you win and judge awards you your costs.
Have you written letters to them requesting additional pest control? Are you doing some work to kill bed bugs yourself? I hear a mattress wrap will suffocate the bed bugs and protect the mattress.
Continue to document the pest control issue. If it's out of hand over a long period and you can prove it, then you're more likely to be able to break the lease.
It's probably a lot cheaper for you to help the property manger to keep the place bug free and clean for a few more months than it is to have a court battle with an uncertain outcome.
Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
10y
Before you even consider a trip to court (and I'm not sure why you'd consider this option at this point anyway) you need to be aware of your options as a tenant in your state in terms of what you can do if a landlord does not address repair issues to make a rental unit "habitable".
You also need to be aware of just what limits a landlord must go to to achieve this.
Colorado does allow a tenant the right to withhold rent IN SPECIFIC CIRCUMSTANCES if a rental unit is "uninhabitable". However, there are steps they must take prior to reaching this stage of the game, including notifying the landlord/management IN WRITING (keeping a copy of this as your documentation) of the issue and giving the landlord a "reasonable" amount of time to address this repair issue.
Keeping areas free of rodents/vermin IS one of the requirements. Stopping tenants from murdering one another, getting evicted for nonpayment (or whatever), beating up on each other are not listed as a requirement.
I've attached the statute for your state that reviews your remedies for repairs and what you need to do. It also has a link to what is specifically addressed as "habitable". I hope this helps:
TITLE 38. PROPERTY - REAL AND PERSONAL TENANTS AND LANDLORDS ARTICLE 12.TENANTS AND LANDLORDS PART 5. OBLIGATION TO MAINTAIN RESIDENTIAL PREMISES - UNLAWFUL REMOVAL C.R.S. 38-12-507 (2016) 38-12-507. Breach of warranty of habitability - tenant's remedies
(1) If there is a breach of the warranty of habitability as set forth in section 38-12-503 (2), the following provisions shall apply:
(a) Upon no less than ten and no more than thirty days written notice to the landlord specifying the condition alleged to breach the warranty of habitability and giving the landlord five business days from the receipt of the written notice to remedy the breach, a tenant may terminate the rental agreement by surrendering possession of the dwelling unit. If the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach within five business days of receipt of the notice, the rental agreement shall not terminate by reason of the breach.
(b) A tenant may obtain injunctive relief for breach of the warranty of habitability in any court of competent jurisdiction. In any proceeding for injunctive relief, the court shall determine actual damages for a breach of the warranty at the time the court orders the injunctive relief. A landlord shall not be subject to any court order for injunctive relief if the landlord tenders the actual damages to the court within two business days of the order. Upon application by the tenant, the court shall immediately release to the tenant the damages paid by the landlord. If the tenant vacates the leased premises, the landlord shall not be permitted to rent the premises again until such time as the unit would be in compliance with the warranty of habitability set forth in section 38-12-503 (1).
(c) In an action for possession based upon nonpayment of rent in which the tenant asserts a defense to possession based upon the landlord's alleged breach of the warranty of habitability, upon the filing of the tenant's answer the court shall order the tenant to pay into the registry of the court all or part of the rent accrued after due consideration of expenses already incurred by the tenant based upon the landlord's breach of the warranty of habitability.
(d) Whether asserted as a claim or counterclaim, a tenant may recover damages directly arising from a breach of the warranty of habitability, which may include, but are not limited to, any reduction in the fair rental value of the dwelling unit, in any court of competent jurisdiction.
(2) If a rental agreement contains a provision for either party in an action related to the rental agreement to obtain attorney fees and costs, then the prevailing party in any action brought under this part 5 shall be entitled to recover reasonable attorney fees and costs.
Source: L. 2008: Entire part added, p. 1824, § 3, effective September 1.
Real Estate Investor · Aurora, CO · Member since 2016 · 13 posts · 4 votes
10y
Hey Rick,
Thanks for the input. I have spent hundreds on pest control, my girlfriend has sent a letter. The pest guys come in an spray, they don't do any real prep. I think it's completely in affective. I do have a mattress cover but its not enough. My girlfriend keeps a clean house and is battling this daily, they are coming in from the walls, under carpet and flooring, neighbors on both sides constantly having issues. I really don't want to go to court. I stopped reporting issue to them because they simply say if we have a bug problem then its because of us and we our the problem. I see the bug guy a few times a month knocking on many different units to spray. My research says it takes much more then a spray, I have bombed, sprayed, sticky tape, powder. The most effective way is heat treatment but not something I can do in an apt. Now I spend 4 hours once a week powering boiling water in corners, bed frames and any other hot spots.
I recently went and read some reviews, they all complained about bed bugs in the first sentence of the review. 4 years ago, this was not an issue, now I seem to be just stuck. I have been recording this, like you say. I will write another letter and have the bug guy come in again and maybe after all of that they will let me out of the lease without hurting my credit or rental history.
Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
10y
Well, signing the new lease makes it difficult for sure. I'd go to your county courthouse, there is usually a desk there for free legal advice with an attorney, or they can hook you up with a low cost attorney. In my county, you can get a consult with a private attorney for $30 if you go through the courthouse.
I'd look very closely at your lease. There is likely some language in there about the landlord providing you with a safe and comfortable home- this could be your out. Document everything. Send a letter to the landlord asking them to address your (reasonable) concerns. Don't tell them you want new carpet, but things that impede your ability to feel safe and comfortable- bugs, leaks, mold etc. Ask them to reply in writing within 5 business days. If you don't get a satisfactory reply, take that to your new attorney.
Another option- cash for keys. Maybe you can negotiate something outside of your lease with your landlord that is acceptable to both parties. Certainly they don't want to go to court with you, maybe they'll let you out of your lease for less money. If so, get whatever you agree to in writing, and make sure the language is clear that your payment ends all obligations of your lease and that they cannot come after you for anything after payment is made.
Real Estate Investor · Aurora, CO · Member since 2016 · 13 posts · 4 votes
10y
Hey Gail,
Thanks I will do as you say sounds like a good action plan. I think we will write a specific letter of intent on this vs just sending them a handwritten letter telling them there is bugs and we need help. I think this may be an effective way out too just move. They were going to charge me 3 grand to break the lease to move. Thanks again.
Real Estate Investor · Aurora, CO · Member since 2016 · 13 posts · 4 votes
10y
Nope i barely had rent at the time because it kept going up. I had not been approved for another place just yet. At the same time i learned i had to give two months notice. It was a tiough time. Now things are better financialy and i gotta get my family out of her. I have a much nicer bigger place line up when i can leave here.
Oak View, CA · Member since 2016 · 32 posts · 21 votes
10y
@James McCarthy,
I'm not sure why you haven't moved out at lease renewal, but going to court isn't as scary or expensive as you think
Going to court involves a few steps to standardize your presentation and argument, but really it's nothing more than paying the filing fee and going in front of a neutral person to resolve a conflict. If you have a series of pictures showing major pest infestations over months- the judge's decision gets real easy.
Specialist · Indianapolis, IN · Member since 2016 · 74 posts · 43 votes
10y
James, I own a Pest Control company in Indianapolis. Sometimes I see cases like yours where the landlord does too little, too late. See an attorney. Just a letter from the attorney may be enough to get out of the lease. People are taking landlords to court here and getting judgements for cost of treatment, replacement cost of furniture, etc. The courts here seem to side with the tenant as long as they document everything. Judgements that I have heard about are $5000 or more.
Real Estate Investor · Aurora, CO · Member since 2016 · 13 posts · 4 votes
10y
Hey Kevin and Marc,
I will run this by a lawyer and document everything, thanks. Great advice also regarding standard of living. I would have probably documented too much. Thanks guys.
Specialist · Indianapolis, IN · Member since 2016 · 74 posts · 43 votes
10y
Good Luck James. I know that you are stuck in a nightmare. You may also get your local county health department to assist with your case - inspection, verification type support.