What are my rights if I recently leased a home but when I moved in I discovered that all of the curtain rods and hardware had been removed?

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What are my rights if I recently leased a home but when I moved in I discovered that all of the curtain rods and hardware had been removed?

Also, the shades in the living room are electric and don’t work. There are no exclusions for fixtures in the lease. May I demand that everything be replaced?

Asked on August 4, 2012 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If these items were listed in the lease, you could force the landord to repair or replace them as part of enforcing the lease  (which is a contract) more generally.

If they are not in lease, you could only force the landlord to pay for these items if you can show that 1) the landlord represented (promised or stated) to you they would be in the unit and  would rent; 2) the fact that these items were present and/or working were a material (important) part of why you decided to rent; 3) the landlord made the representation in order to induce, or cause, you to rent; 4) it was reasonable for you to rely on the representation; and 5) the landlord knew or should have known when he/she made the represenation that it was untrue. If you can show all this, you can show fraud on the landlord's part; however, it is not necessarily an easy showing, and would take a lawsuit, if the landlord will not pay. It may be better  to pay for the items yourself.


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