Questions and Professional Answers

• Rental Agreement

  How can you get out of a rental agreement before you move in? My wife and I signed a rental aggreement and when we did the walk through inspection found several problems with the condo that we did not see in the first showing. Now we do not want to live there. The owner now wants to go after us for $2400 and possibly the entire years rent. How can you get out of the aggreement and not loose all of your money? We can't afford to pay them and pay rent at our current place.

  • Re: Rental Agreement

    NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.A rental agreement is a contract between the parties. Once you sign it, there is no way to "get out" of it unilaterally. What you need to do is meet with the owner and discuss an amicable resolution. Be prepared to make an offer that the landlord will want to consider. On the other hand, the landlord does have a legal obligation to mitigate damages if the lease is breached, so it is highly unlikely that you would be held responsible to pay the rent for the entire lease if you are unable to reach an agreement. Regardless, an amicable resolution is the best solution for both parties.Scott R. Jay, Esq.

    Scott R. Jay
    Law Offices of Scott R. Jay
    1575 Northeast 205th Street
    Miami, FL 33179-2133

• Post inspection issue

  The home I am selling had an inspection done by the buyer, the issues from the inspection were addressed and ok'd by the buyer. The date of the inspection contingency has passed, but the buyers lawyer now wants a radon test. Can they use the results to back out of the deal?

  • Re: Post inspection issue

    Technically, no, if they are past the inspection period. In this market, though, they may threaten to back out unless you acquiesce. How much do they have down? Start airing out the house NOW, use fans, etc., especially in the cellar, especially if the house is empty or has been shut up with the A/C on. If they try to back out of the deal now they risk losing their deposit (but you risk having to put it back on the market).

    John Heffernan
    Heffernan & Farr, LLP
    650 Farmington Ave.
    Hartford, CT 06105

• Home Inspection Dispute

  My husband did a home inspection for a couple. Two months following the inspection while renovations were being done, they indicated that while doing demolition, they found mold problems, etc. They are asking us to pay for two of their mortgage payments plus assorted renovations. A form signed by the customer indicates that the home is inspector is not responsible for any problems not visible at the time of inspection. In addition, the previous owners remained in the home for 30 days following the inspection.

  • Re: Home Inspection Dispute

    i see no responsibility

    David Slater
    David P. Slater, Esq.
    5154 Windsor Parke Dr.
    Boca Raton, FL 33496

• Selling rental property.

  The rental agreement I entered into with my tenants is a month to month and allows me to inspect the property with 48 hours notice. They have been there more than 1 year. I am selling the property and have entered escrow. The tenants refuse to allow access to the property for termite inspection, physical inspection, or to even allow the buyers into the property to view the interior. What can I do to facilitate the sale of this property? The tenants tell me I violated the law by not informing them 60 days prior to listing that I intended to sell, is that true? The tenants tell me I can only inspect 3 times per month, even after I've noticed them, or by doing so I am violating the law, is that true? Help, I'm between a rock and a hard place. Thank you, Les

  • Re: Selling rental property.

    I don't know what your lease/rental agreement states, but generally you are entitled to enter the property at any time during normal business hours with reasonable notice, which has been defined as 24 hours, to show to prospective purchasers, etc.A tenant, if on a month to month rental, is to receive a 30 day notice of the termination of the tenancy if they have lived at the property for 1 year or less, and 60 days notice if they have lived on the property more than a year. They are not entitled to any notice that you are planning to sell the property.If they are on a lease, then they cannot be asked to vacate until the end of the lease term, unless your lease states that the lease automatically terminates upon sale of the property. Very few do.If they do not allow you on the property, give them a 3-day notice for breach of covenant, and then start eviction proceedings if they do not allow you on the property.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

  • Re: Selling rental property.

    A review of the lease would be necessary before an intelligent assessment could be made. If there are terms that set forth what happens in the event of a sale they would prevail unless those terms contravened public policy. 24 Hours is all that is required as far as notice to enter and inspect. You do not state where the property is located or if it is an apartment building, condominium or single family dwelling so it can not be ascertained whether you are subject to any rent control restrictions as to termination of the lease except for specified reasons. Please feel free to contact me at (310)559-9445 for a consultation. A three day notice would defintley be appropriate under the circumstances you outline.

    Brad Lee Axelrod
    Law Offices of Brad Lee Axelrod
    3461 Tilden Avenue
    Los Angeles, CA 90034-6003

• home inspection

  We as buyers have seen the house inspection report. We would like to let the sellers see the parts of the inspection that have to do with repair. Can we legally do that?Thanks, Barb

  • Re: home inspection

    Sure, but they may not want to see it because if they are notified of a problem, then liability may pass to them. There has been a trend of sellers not wanting to see the disclosure for future liability reasons.

    Cheryl Rivera Smith
    The Smith Law Firm
    11660 Creek Point Drive
    Frisco, TX 75035-8278

• inspection stickers

  Hello, I live in Carrollton TX. It requirest a state inspection. My inspection sticker is out. Can a towing company legally come tow my car from my apartment? I'm registered on the lease.

  • Re: inspection stickers

    Maybe. I have seen some leases which require that all vehicles parked on apartment property carry current registration and inspection stickers. Check your lease.

    Theresa Langford
    Langford Law Firm
    PO Box 866354
    Plano, TX 75086-6354

• broken sewer pipe

  A rental house with no tenants living there was sold to the new owners upon an acceptable home inspection report. Weeks after the close, they discovered sewage leakage in the basement caused by a broken sewer pipe underneath the front porch. The city determined it was the homeowner's liability. The previous owner also had an inspection done and could not determine foul odors, or sewage leakage, etc. I believe the new owner is responsible for paying to get it repaired and not the previous owner. The seller's disclosure indicates the water systems were in working order as instructed and performed in the inspection report. The home inspection reports do not cover internal piping as both the seller and buyer were aware of. Should it be the new owner's full responsiblity and where can I confirm this in the Michigan law? Thanks.

  • Re: broken sewer pipe

    Your interpretation is correct--the former owner would only be responsible if the new owner could prove the former owner knew of a problem and fraudulently concealed it or failed to disclose it. Basically, in real estate it's a "Buyer Beware" policy. Anything connecting the home to the main line will be the homeowner and not the municipality's responsibility. And insurance usually won't cover anything to do with sewer systems unless the homeowner has a special rider--very uncommon.Unfortunately, this isn't a "point and shoot" answer--it's based on a progeny of case analyses, not one specific case or statute. I can't show you one specific case or statute and say, "There's your answer." It's the idea that when a home is sold, each party is able to obtain a private inspection to ascertain any problems with the home. The buyer could have hired a company to send a camera into the pipe to search for cracks but didn't opt to incurr that expense because, frankly, that is pretty out of the ordinary to do unless the area is known for that type of problem (e.g., has the county been replacing a lot of pipes in the area? are there a lot of old trees? has the pipe burst in the past or been replaced since the home was built? if so, when?). Most people would have taken that gamble, too, unfortunately these folks lost. The seller is under no duty to inspect the premises for unknown defects prior to sale and only must disclose known defects. It's no different than moving into a home with a 25 year old furnace that worked last winter and decides to quit the first day the new buyers move in--just dumb luck!Also, remember that being right doesn't mean you won't be sued--it just means you have defenses to the complaint that still needs an answer. The court doesn't unilaterally decide what lawsuits have merit before the opposing party responds to the complaint. Maybe this response will help you make your point to the opposing party alleviating the urge to sue. Otherwise, feel free to contact me. Good luck!

    Rebekah Tiefenbach
    Rebekah L. Tiefenbach Esq.
    27735 Jefferson Ave.
    Saint Clair Shores, 48081

• Entering rental property

  How much time is required to give tentants before entering your rental property for inspection.

  • Re: Entering rental property

    What does the lease say? If it doesn't then both parties need to come to an agreement as to what proper notice is. {John}

    John Davidson
    Law Office of John A. Davidson
    107 North Front Street Suite 117
    Harrisburg, PA 17101

• Faulty maryland state inspection for a used car

  I just purchaced a used car from a dealership that had had a Maryland State Inspection done. After bringing the car home I noticed it had a tail light out which should have been checked by the MD state inspection. Now I can only wonder what else may have been missed. Can I return this car to the dealer for an incorrect state inspection?

  • Re: Faulty maryland state inspection for a used car

    Maryland does not have a right of recision (i.e., the three day cooling off period that many laymen believe attaches to the sale of an automobile). Your question does not involve this matter but this should be stated.Your question involves a warranty issue. You have been sold a car that proportedly complies with Maryland inspection code. If you have a problem with a tail light then there may be other problems. Your first course of action is to have the car inspected by a facility that will apply the inspection code to its letter. If other problems are identified with the vehicle, then contact an attorney.The tail light is an inspection requirement. If the only issue with the vehicle is the tail light then there is no other matter than the cost to repair the tail light. This cost should be paid by the entity who sold you the car.You may want to consider filing a complaint against the inspection facility that the dealership used since it appears that the work was faulty. If other matters are determined upon the inspection at another facility, you may want to wait with filing this complaint until other matters are resolved.You have the right to receive a vehicle that is safe and which complies with law. If this is not what you received then you have recourse. Contact an attorney should you need assistance with this or any other legal issue.Joe Holthaus(410) 799-9002

    G. Joseph Holthaus III
    Law Offices of G. Joseph Holthaus
    2255 Daniels Road
    Ellicott City, MD 21043

• Apartment Leasing Office held back deposit

  I recently moved out of a rental apartment. A weeklater the leasing center sent a letter stating they held back deposit of $150.00 claiming that the kitchen counter top was scratched. I went back to them saying the counter top was scratched when we moved in and it was notified on the Move-In Inspection sheet. Apparently the leasing center has lost my inspection sheet and I was not given a copy either. So I claimed that they should look into my inspection sheet wherein I had mentioned about the damaged counter top but they did not replace it at that time. But they said that since I dont have a copy of this sheet, they cant accept my claims. When i moved in I didnt know that I am supposed to receive a copy of the inspection sheet and hence I submitted my copy to them and they forgot to return a copy to me with lease agreement. Please help, I am about to loose my 150$ for unfair business practice.

  • Re: Apartment Leasing Office held back deposit

    Even though there is no physical evidence of the check in sheet, you can still testify that the counter was already scratched. This means that you need to sue the landlord for what he wrongfully kept. Many problems in this area in finding the right entity or person to sue. But if you are successful you get two times what he wrongfully withheld. Also, if you hire an attorney and he wins for you he gets to collect from the landlord his atty fees....You can call me directly if you like:Joe Jacobs216-952-1990

    Joseph J. Jacobs Jr.
    The Jacobs Legal Group
    15614 Detroit Avenue
    Cleveland, OH 44107