Posted by Unstoppable Ed on August 15, 2000 at 18:34:40:
In Reply to: Can a landlord force us out if we have a lease? posted by karen on August 15, 2000 at 09:17:58:
You've gone to quite some lengths to document to the owner what you feel is
wrong with your apartment. This is OK in terms of protecting yourself from
any claim that you did the damage yourself. However, it seems that the
landlord has interpreted your complaints as meaning that you are unsatisfied
with the apartment and want out. Therefore, he has offered to let you out
of the lease -- something he didn't have to do, and that he probably sees as
being a favor to you.
Many of the complaints you mention more or less expected in that type of
house. Most basements take on moisture; that is why they have cement walls
and drains on the floor. With all the rain New York state has been having
its almost inevitable. There is nothing the owner can do to remedy this
situation -- short of hiring a contractor to completely dig up the
foundation and pour a new one -- and I'm sure you don't want that happening
while you live there.
The other issues you mention are ordinary wear and tear to be expected with
house of a certain age. Save your complaints to the landlord to major
things that affect your "warrantee of habitability," things like no heat in
winter or holes in the roof, not slight defects or wear and tear. You've
already stated that you don't want to leave the house -- so just keep on
paying rent, as usual, and continue under the terms of your lease. If you
change your mind and want to move to a brand-new house, well, then notify
the owner that you'll accept his offer, and look for a brand-new house.
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