Landlord rented a house to me in unhygienic condition 

Question Details:

Landlord rented home to me that had large amounts of cat urine and feces in crawl-spaces. We smelled it during walk through and had it looked at. Carpet removed and floors sealed, carpet replaced. Smell remained. Found congealed and liquid cat urine in pools on vapor barrier in crawl-space. Also, garage was presented as in good working condition. We only signed our lease because we were getting a garage where we could store possessions. Garage leaked the first rain of season - inch of standing water on floor, ruining many of our belongings. Property was not rent-ready. Was our lease agreement violated? What are our rights?

Asked 11/11/2009 under Real Estate | 225 View(s) | More Legal Topics

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Real Estate Law Answers

The cat urine issue will be hard to use against your landlord, because you knew about it before you signed the lease, or at least before you moved in.  If the smell is still bad enough, though, it's possible that this is enough to make the place not "habitable," which is where the line is drawn between problems that do, or don't, amount to enough to get you out of the lease.

As far as the garage is concerned, you'd have to prove that the garage leaked before you rented, and that the landlord did nothing about it.  If you have a written lease, it probably doesn't matter whether or not the landlord knew you were storing possessions there, instead of a car.  If the leak had caused standing water in the living space of the home, you'd be in a far stronger position;  garage issues don't usually affect habitability in the court's view.

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