Quote Quoting jared1981b
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So we agree to vacate the premises under the condition that we can defer our current months’ rent. They agree and let us know that as long as the property is clean and there is no damage they will not seek any damages.
This is a written settlement agreement? A consent judgment? Something else?
Quote Quoting jared1981b
Now I have a pretrial hearing scheduled.
On the old case to enforce your... settlement? Consent judgment? On a new case?
Quote Quoting jared1981b
When we moved into the property the flooring was already heavily damaged and scraped up.-
Did you complete a move-in checklist? Did you take pictures at any time?
Quote Quoting jared1981b
Also, the plumbing work was another preexisting issue already there when we moved in. The landlord had plumbers come over to the property 8-9 times to work on a leaky pipe.
Describe the plumbing issue for us. Most plumbing issues would not be a tenant's fault.
Quote Quoting jared1981b
I NEVER SIGNED THE LEASE.
You previously told us, "I signed a 1 year lease and have been renting the property since February 23, 2012".
What is it that you signed, if not a lease?
Quote Quoting jared1981b
Is there any way I can absolve myself their erroneous damage claim since I never signed the lease?
That may depend upon your answers to the prior questions.
Quote Quoting jared1981b
Also, the landlord left us with a worksheet to complete which showed the condition of the house prior to move in. We completed it; however she was going to pick it up when she came over to have me sign the lease. But she never did. So we have a completed worksheet showing that mostly everything in the house was dirty or needs repair.
Your roommates moved in separately - they didn't complete a checklist?
Quote Quoting jared1981b
But the landlord never signed it.
The landlord's failure to fulfill the inventory requirement creates a rebuttable presumption that the condition of the apartment is unchanged from when you moved in.
Quote Quoting HRS §521-42. Landlord to supply and maintain fit premises.
(a) The landlord shall at all times during the tenancy:

(1) Comply with all applicable building and housing laws materially affecting health and safety;

(2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition;

(3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition;

(4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear;

(5) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials; and

(6) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant.

Prior to the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided. Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant. In an action arising under this section, the executed copy of the inventory shall be presumed to be correct. If the landlord fails to make such an inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy shall be rebuttably presumed to be the same as when the tenant first occupied the premises.

(b) The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, and minor remodeling only if:

(1) The agreement of the landlord and tenant is entered into in good faith and is not for the purpose of evading the obligations of the landlord;

(2) The work to be performed by the tenant is not necessary to cure noncompliance by the landlord with section 521-42(a)(1); and

(3) The agreement of the landlord and tenant does not diminish the obligations of the landlord to other tenants.