Ostroff, Fair and Company
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Should I be looking for a new place to live?



I got evicted and found a place and moved in that same week. On such short notice, the landlord had no time to clean the carpets, or even the house, and do repairs. I had to move in so it didn't bother me at the time. Now I 've been here for two months and the carpets have still not been cleaned, the house is literally falling apart and he likes to just show up and go through the trash cans outside. I have spent a week cleaning everything from mold and mildew, $200 replacing doors, pad locks, and light fixtures, and it looks like I will have to be the one to pay for the carpets to get done. Not to mention all the windows don't shut and bugs get in from no proper insulation. Is it his responsibility to do all these things, and can he go through the trash? I want to know if I should be looking for a new place to live if he keeps violating my privacy and not keeping this place livable. What should I do?

Trash that has been put out legally is not private, people can go through to take things, get recycling out, or just search for your credit card information. Should he? No. Can he? Yes. If you don't want him to do that just wait until just before the garbage collection comes before you put the trash out.

You probably should have insisted on the owner doing the repairs and cleaning before you moved in, or at least getting an agreement of when he's get it done. As it was, though, you were desperately happy to find a place, any place. Like you said, you didn't care about that stuff then. But that was the time you needed to be caring about it.

As far as cleaning, figure you are stuck, you wanted to get in "as is" and you did. However, he should make repairs. make a written list of repairs that need to be made. I'd list everything that needs to be done, but I would categorize it. Make one category of the things that absolutely must be done. Make another one that is important it gets done before Fall. then a final category of all the little things you really can live with or don't care about.

Give the list to the owner. let him know that there are things that need to be done. Tell him you can do the third category (actually, you won't, but it sounds like you are meeting him ahlf way) but hee needs to work on the other categories.

If he doesn't sart working on them, you might need to start looking for another place, but remember, he gave you a place to stay when you really needed it. You might not like what he hasn't been doing, but you do owe him a big one for that.
I wouldn't throw any thing important in the trash, and Yes I would look for a better apartment , the Landlord doesn't sound like a person you would want in the apartment , even if he was fixing things. And Winter is on it's way.
Cleanliness and livable are two different things. If you took the place in that condition then you knew what you were getting. Unless he put it in your lease that he was going to be doing these maintenance issues, you will be hard pressed to break a lease for dirty carpets. Now "quiet enjoyment " is something that is one of the most important things in a lease and if he is bothering you then he is breaking that part of the lease. You should serve him written notice to stop first. Then you will have proof that he broke the lease if he doesn't stop.
Find another place, but given that you have been evicted in the past, you might have problems.

Your landlord does owe you a warranty of habitability. If the mold is causing respritory problems, go talk to a lawyer in your area. Call the local bar for a referral.
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