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Please help, Is a lease void if it was signed under false pretenses?

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  • Please help, Is a lease void if it was signed under false pretenses?

    Hello, on the 22nd I signed a lease on a house that would being on feb. 1st. When we did the initial walk through on the 22nd, before siging the lease there were minor repairs needed to the house like painting. The landlord had put rugs in the house, plants, towels ect.. and called this "staging" to make the home look better to rent. After we did the walk through we decided to rent, being handy I did not mind painting. The next day my girlfriend went back to the house to begin painting while I was at work, and the lanlord had left the rug in the kitchen there (not to mention, failed to fix the gas leak she said she would). When my girlfriend moved the rug, she discoverd that the tiles were not even stuck to the sub flooring because it was so rotted that it was crubling under neeth the ground. So I went to the house on the 24th to see what my girlfriend had discovered and was appauled, not only was it falling apart it was soft and moldy. My step dad is a carpenter and was comming over to help me with work on the house and saw that in the kitchen the floor was slanting downward, we knew the floor slanted, but the lanlord told us it was just the house setteling, and we believed her. When my step dad saw this he was very concerned and it now was a safety hazard. He went into the cralwspace to see what was really going on and he found that the floor was rotting, a sill plate was missing and few ban joices were broken in half and rotting. Also the insulation was put in wrong and would continue to create moisture and facilitate the rotting of the wood. This now was a concern of safety and health, as he crawled under the bathroom he noticed crack and rotten floor. he yelled up to us to stand by the toilet and push on the floor, which now was discoverd to also be rotting and soft (and was covered by her "Staging"), and we could see his flash light through the floor. There was also a hole in the bathroom wall behind the toilet, (covered with her staging material upon initial walkthroug) she had put plastic over and stapled it to the wall. never once did she tell us that this hole was here until we called her about the other issues. The story goes on to us finding many hiddend things that are a concern for heath and safety. I guess my question is, does this make the lease void because it was signe under false pretenses and lies, and things being covered up when she knew they were there. She said we were stuck, and she was going to fix the foundation but the other stuff is not a concern, and because she is doing her part we are stuck in the lease. I feel very trapped and offended by her. She is texting inapproiate things to us, and threatning us with her family and court. I went to file a police report and they said because she never threatned bodily harm, there was not report to be made even though I feel unsafe. She knows where I am living right now, where I work, where my girlfriend works and even where our mothers live. She even look up my moms hous on aries online. I am so upset, I cant sleep, I cant eat and I dont know what to do. I have been on the phone with so many people today such as community relations, fair housing association, the health department, the city building inspector and I have a meeting with a lawyer on monday, all I wanted was a nice sutiable place to live, I am a very honest person and feel like a fool, like I have been scammed. Even if she fixes up the issues I feel uncomfortable living in her house as I fear some type of retilation. Please helpppppp!!!

  • #2
    Re: Please help, Is a lease void if it was signed under false pretenses?

    You indicate you have been in contact with, among others, the city building inspector. What have they told you regarding these issues?

    If a tenant (or building inspector for that matter) reports repair issues and they are addressed adequately by the landlord, the matter is considered to be taken care of. Staging a house up for rent (or for sale) is neither illegal nor unusual.

    Gail

    Comment


    • #3
      Re: Please help, Is a lease void if it was signed under false pretenses?

      Originally posted by saldric View Post
      Hello, on the 22nd I signed a lease on a house that would being on feb. 1st. When we did the initial walk through on the 22nd, before siging the lease there were minor repairs needed to the house like painting. The landlord had put rugs in the house, plants, towels ect.. and called this "staging" to make the home look better to rent. After we did the walk through we decided to rent, being handy I did not mind painting. The next day my girlfriend went back to the house to begin painting while I was at work, and the lanlord had left the rug in the kitchen there (not to mention, failed to fix the gas leak she said she would). When my girlfriend moved the rug, she discoverd that the tiles were not even stuck to the sub flooring because it was so rotted that it was crubling under neeth the ground. So I went to the house on the 24th to see what my girlfriend had discovered and was appauled, not only was it falling apart it was soft and moldy. My step dad is a carpenter and was comming over to help me with work on the house and saw that in the kitchen the floor was slanting downward, we knew the floor slanted, but the lanlord told us it was just the house setteling, and we believed her. When my step dad saw this he was very concerned and it now was a safety hazard. He went into the cralwspace to see what was really going on and he found that the floor was rotting, a sill plate was missing and few ban joices were broken in half and rotting. Also the insulation was put in wrong and would continue to create moisture and facilitate the rotting of the wood. This now was a concern of safety and health, as he crawled under the bathroom he noticed crack and rotten floor. he yelled up to us to stand by the toilet and push on the floor, which now was discoverd to also be rotting and soft (and was covered by her "Staging"), and we could see his flash light through the floor. There was also a hole in the bathroom wall behind the toilet, (covered with her staging material upon initial walkthroug) she had put plastic over and stapled it to the wall. never once did she tell us that this hole was here until we called her about the other issues. The story goes on to us finding many hiddend things that are a concern for heath and safety. I guess my question is, does this make the lease void because it was signe under false pretenses and lies, and things being covered up when she knew they were there. She said we were stuck, and she was going to fix the foundation but the other stuff is not a concern, and because she is doing her part we are stuck in the lease. I feel very trapped and offended by her. She is texting inapproiate things to us, and threatning us with her family and court. I went to file a police report and they said because she never threatned bodily harm, there was not report to be made even though I feel unsafe. She knows where I am living right now, where I work, where my girlfriend works and even where our mothers live. She even look up my moms hous on aries online. I am so upset, I cant sleep, I cant eat and I dont know what to do. I have been on the phone with so many people today such as community relations, fair housing association, the health department, the city building inspector and I have a meeting with a lawyer on monday, all I wanted was a nice sutiable place to live, I am a very honest person and feel like a fool, like I have been scammed. Even if she fixes up the issues I feel uncomfortable living in her house as I fear some type of retilation. Please helpppppp!!!
      The landlord concealed the defects so they were not obvious which she had to know.
      Yes,fraudulent concealment can void the contract.

      What you need is a report of the defects, by someone not related to you, like a contractor or the city's building inspector. The foundation problems may be severe enough to get the place stickered as unfit for human habitation.

      The lawyer you have the meeting with on Monday will advise you most likely that you cannot be bound to the contract. Along with the rental of a residence comes the implied covenant of habitability -- that is on the landlord to provide a residence that meets building codes, is safe and livable. This place as you describe should fail that test.

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