Rent questions

Last month we found a house to rent. We saw the real estate guy and a family member on September 27th and were told that the house would be ready by Oct 1st. There was a hole in the living room and family room ceilings. Two windows were broken, and it needed to be painted. They said it would be all finished by the 1st.. We sat down with the homeowner on Oct 2nd, the house wasn't ready yet. We were told it would all be done by the 7th. My family had to cancel their move in date of Oct 4th. We switched it to the 10th. It wasn't done by then either. Some of the work was done. The windows were still broken. Couldn't live there with broken windows. It was finally ready by the 14th.. My Mom and brother moved in on the 17th. It was the only day available with the moving company. We paid the first months rent and a security deposit and a brokers fee. My brother and husband both think that we should get a break for a half's month rent for next month's rent. 1200 dollars off because no one could move in until after Oct 14th.. My husband called the landlord yesterday and he had to discuss it with his wife. He got back to us today and said that we told him that we weren't moving in until late. I originally told him Oct 4th. Then when the work wasn't done, I told him the 10th. The work was suppose to be done by the 7th. It still wasn't done. He had no idea because he was out of town. Do we have any right to ask for a break? WWYD?

Re: Rent questions

You shouldnt start paying rent until the day you get handed the keys. When were you given the keys?

If you got the keys before the work was done and if the place was not habitable before moving in, then yes you shouldn't pay for that.

Re: Rent questions

You should not have to pay rent untill all the work that was promised was done and the house was in a livable condition. So the rental period should start on the 14th. Its thier fault you couldnt move in. What is the move in date on the lease? If you do not have a lease then a month to month would start when you moved in. I would not let this go. The landlord is being very unreasonable. I would also contact the real estate agent.

Re: Rent questions

Re: Rent questions

You paid all that money and weren't even in the house yet? You don't pay rent until you are IN the house.you shouldn't have to pay a whole month's rent being that you moved in mid month AND it wasn't your fault!

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We paid everything on Sept 29th for a move in date of Oct. 1st. We got the keys that night. We didn't sign the lease until Oct 2nd.

We talked to the landlord again today and he is taking $100 dollars off of the rent for the next 11 months. That will make up for the half month we lost. Does that sound ok? He has been good with getting other stuff done. The back yard was a mess from the work done inside, he had it cleaned out, we had a leaking sink, it got fixed the next day. The jacuzzi tub upstairs doesn't work, that will be fixed ASAP..
The house is in a pre-foreclosure.. I have no idea what that means. But we are locked in for a one year lease.. There may be an option for another year. Which we will take because I can't even fathom the idea of moving again so soon unless we manege to buy a house next year..

Re: Rent questions

You should not have to pay for the first half of the month since you couldn't move in until the agreed upon work on the house was complete.

However you recoup that half month's rent is up to your family and the landlord -- whatever is negotiated. The landlord's proposal that you take $100 off of each month's rent will work as good as any, given that you have a year-long lease. He probably needed the money you paid him upfront to do the work on the house (that's what it sounds like to me), so probably doesn't have the $1100 to give back in lump sum.

As far as pre-foreclosure, there really is no such thing (from a technical, legal standpoint). Kind of like being pre-pregnant - you are or you aren't! A home is either in foreclosure or it's not.

In NY, generally foreclosure occurs via judicial foreclosure, meaning the bank has to institute foreclosure proceedings by filing an action with the appropriate court (and like any other lawsuit, the homeowner has a chance to respond). Until the bank initiates those proceedings, the house is in foreclosure. When a homeowner is behind on their mortgage payments, the home is often said to be in pre-foreclosure, although the bank has not filed an action against the homeowner. Just because someone is behind on their mortgage payments does not mean they will be foreclosed upon. The banks are very slow in pursuing foreclosure actions (I heard a story in a short sale class I was taking about someone not paying their mortgage for something like 8 years, and still living in the house). And even once a foreclosure action is filed, it can take years to be resolved (because of bankruptcy filings, judicial stays, etc.).

Who told you the house was in pre-foreclosure?

ETA - I would prepare a rider to your written lease stating that the rent amount is modified (reduced by $100) and why and have everyone sign, that way there is no dispute that you aren't paying the full rental amount down the road. The landlord should have no trouble signing it if he intends to honor that agreement. Always get everything in writing with rentals.

Message edited 10/27/2011 5:02:50 PM.

Re: Rent questions

Re: Rent questions

Sounds like a reasonable compromise. As far as the pre-forclosure, i would find out whats going on with that from the LL. If you are paying him rent, he should be using that to pay his mortgage!! I would be very uncomfertable with people coming by and taking pictures!!

Re: Rent questions

I think the $100 off the billmevery months is a fair deal...