Health Hazard Sign
What can I do about an uninhabitable apartment?
I moved in to an apartment (the upper part of an old house; the landlords lived below) in August. There was no signed lease agreement, but I indicated that I would probably stay through May of next year. I paid a deposit as well as rent on the first day of each month.
Unfortunately the apartment turned out to be a health hazard. The bathroom had a black mold infestation, the cold water in the sink didn’t work, sometimes I had no water, they turned off the heat for a week when they went out of town, and the bathtub did not drain at all (so I took a shower elsewhere for a month).
I gave them two weeks’ notice and moved out November 1st.
They are not giving me my deposit back because they claim they are losing money by not having time to find a new renter. This is a lie because they have a second apartment they rent that has remained vacant since I moved in.
1) Is it possible to get my money back?
2) How do I report health code violations?
#1: They have the amount of time alloted by your state’s landlord tenant laws in which to return the deposit.
If you moved out November 1st, generally, they would have 30 days to return/account for your deposit. There is not much that you can do until the deadline provided by your state’s landlord tenant laws passes.
#2: All of the issues you mention are serious and should have been dealt with/reported while you were living in the premises. Did you follow your state’s landlord tenant laws regarding repairs or reporting habitability issues to the local health/housing/code inspectors? The time to report the issues was while you were occupying the premises.
If you did not, you have no proof and the issues are irrelevant now.
#3: No written lease = a month to month tenancy. Again, it depends on your state’s landlord tenant laws, but generally, a 30 day written notice (including a full rental period) is required to terminate a tenancy. If you gave notice on or around the middle of October, the landlord can hold you liable for the rent for the whole month of November. The landlord can legally deduct November’s rent from the deposit.
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