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  1. #1
    Join Date
    Aug 2019
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    3

    Default Inhabitable Unit, Already Paid

    My question involves landlord-tenant law in the State of: Louisiana

    My boyfriend and I inquired about a newly built townhouse for rent a few weeks ago, we were hoping to list our move-in date as August 1st because my boyfriend's current lease doesn't end until August 31st, but they insisted that they could not wait and that we had to pay the last two weeks of rent for July to sign a lease. Since signing, we have reported twice that we did not have hot water in the apartment:
    1) the first time, they sent maintenance out and claimed they had "fixed it."-it was not fixed and the breaker box door was broken
    2) the second time, they sent a plumber out; we stopped by the apartment to check on it and the plumber was there and claimed it would be fixed in 30 minutes- we went by to check today, we had no water at all and the walls and floor were covered in mud and the sheetrock on one wall had been scraped by a ladder.

    Do we have a right to the rent we paid for July, considering we would not have been able to live in the house even if we wanted to? Do we have a right to get out of the lease considering they did not even check that it was liveable? It looked like no one had even gone in to inspect the unit (it had paint dust everywhere, the cabinets in the kitchen were uneven and wouldn't close, not all light bulbs were put in, there were paint streaks on the fridge, a huge spider and web in the pantry, it had clearly not been cleaned.)

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Inhabitable Unit, Already Paid

    Have you already moved in?

  3. #3
    Join Date
    Aug 2019
    Posts
    3

    Default Re: Inhabitable Unit, Already Paid

    Our move in date was technically two weeks ago but our lease started on the first of August. We have not moved anything in due to the issue with the hot water. They insisted they could not wait until the first so we had to sign two weeks ago and pay 250 of rent and a deposit.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Inhabitable Unit, Already Paid

    Quote Quoting acrin
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    We have not moved anything in due to the issue with the hot water.
    Good. At least you are spared the expense of moving out.

    The landlord has breached your contract by not providing an inhabitable unit on the date you were supposed to move in.

    Your option is to advise the landlord, in writing, that you are cancelling the lease and want your money back.

    You may have to sue in small claims court to get it back if the landlord is recalcitrant.

  5. #5
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Inhabitable Unit, Already Paid

    Quote Quoting adjusterjack
    View Post
    Good. At least you are spared the expense of moving out.

    The landlord has breached your contract by not providing an inhabitable unit on the date you were supposed to move in.

    Your option is to advise the landlord, in writing, that you are cancelling the lease and want your money back.

    You may have to sue in small claims court to get it back if the landlord is recalcitrant.
    Wouldn't the tenant be required to allow the landlord the opportunity to cure the issues before crying breach.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Inhabitable Unit, Already Paid

    Quote Quoting lill
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    Wouldn't the tenant be required to allow the landlord the opportunity to cure the issues before crying breach.
    Already has, to no avail.

  7. #7
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Inhabitable Unit, Already Paid

    Quote Quoting adjusterjack
    View Post
    Already has, to no avail.
    Wouldn't this apply first.

    Art. 2694. Lessee's right to make repairs
    If the lessor fails to perform his obligation to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made. The lessee may demand immediate reimbursement of the amount expended for the repair or apply that amount to the payment of rent, but only to the extent that the repair was necessary and the expended amount was reasonable.
    Acts 2004, No. 821, §1, eff. Jan. 1, 2005.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Inhabitable Unit, Already Paid

    Quote Quoting lill
    View Post
    Wouldn't this apply first.

    Art. 2694. Lessee's right to make repairs
    If the lessor fails to perform his obligation to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made. The lessee may demand immediate reimbursement of the amount expended for the repair or apply that amount to the payment of rent, but only to the extent that the repair was necessary and the expended amount was reasonable.
    Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
    The lessee never moved in because the unit was never habitable. That is a different story.

    Quote Quoting acrin
    View Post
    My question involves landlord-tenant law in the State of: Louisiana

    My boyfriend and I inquired about a newly built townhouse for rent a few weeks ago, we were hoping to list our move-in date as August 1st because my boyfriend's current lease doesn't end until August 31st, but they insisted that they could not wait and that we had to pay the last two weeks of rent for July to sign a lease. Since signing, we have reported twice that we did not have hot water in the apartment:
    1) the first time, they sent maintenance out and claimed they had "fixed it."-it was not fixed and the breaker box door was broken
    2) the second time, they sent a plumber out; we stopped by the apartment to check on it and the plumber was there and claimed it would be fixed in 30 minutes- we went by to check today, we had no water at all and the walls and floor were covered in mud and the sheetrock on one wall had been scraped by a ladder.

    Do we have a right to the rent we paid for July, considering we would not have been able to live in the house even if we wanted to? Do we have a right to get out of the lease considering they did not even check that it was liveable? It looked like no one had even gone in to inspect the unit (it had paint dust everywhere, the cabinets in the kitchen were uneven and wouldn't close, not all light bulbs were put in, there were paint streaks on the fridge, a huge spider and web in the pantry, it had clearly not been cleaned.)
    Hopefully you did NOT pay August rent?

  9. #9
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Inhabitable Unit, Already Paid

    Quote Quoting lill
    View Post
    Wouldn't this apply first.

    Art. 2694. Lessee's right to make repairs
    If the lessor fails to perform his obligation to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made. The lessee may demand immediate reimbursement of the amount expended for the repair or apply that amount to the payment of rent, but only to the extent that the repair was necessary and the expended amount was reasonable.
    Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
    That's an option, not an obligation.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Inhabitable Unit, Already Paid

    Since the op has not attempted to move in and the op is unaware of why the water is turned off, it isn’t clear the unit is uninhabitable.
    Given the op did not attempt to move in during July, I don’t see anything relevant regarding habitability during July. I think it was not the best move to agree to pay rent for July but the op chose to agree to those terms for whatever reason.

    Did anybody ask if the water may be turned off because it has been removed from the landlords name and waiting to be turned on in the tenants name? While that is simply one possibility, going off without any real knowledge of why there is no water isn’t useful either. Right now the op is speaking from a position of ignorance of the status of the water service. That does them no good.

    What the op needs to do now is state to the landlord that they intended to move in but there is no water. If water cannot be provided, then the unit would be deemed uninhabitable and give a basis to terminate the lease. Whether the op would be due anything for July is not something I’ll guess at. Depending on the terms of the agreements in place, I could see it going either way.

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