building contracts
Question
Apartment Manager have to know the definition of a 'bedroom' when showing an apartment?
I asked for a 2 bedroom apartment. They had two different listings on craigslist showing a higher rate for a 2 bedroom apartment. I viewed the apartment and didn't realize that one of the rooms on the 2nd floor (my main 'bedroom') didn't have a window (escape route) which is required to be defined as a bedroom. On the first day, I had a dryer delivered and the electricity arched. A professional electrician had to be called in to fix the problem and upon doing so, I decided to make a fire escape plan for me and my 3 year old autistic son. It was found that my 'bedroom' was not, in fact, a bedroom due to it's lack of building code guidelines stating an 'egress' window/door. I believe it is the duty of the apartment manager who has knowledge of these requirements to, in good faith and business practice, comply with this disclosure. As a lay person, I did not know the building code requirements until I did some research AFTER I signed the lease and the electrical issue. I believe that the contract is void as I was told I would be receiving a 2 bedroom, payed the higher price for a two bedroom yet, in essence, was only provided a 1 bedroom apartment. Per building code and the landlord/tenant agreement which states that the landlord shall comply with all applicable building codes that pertain to health and safety of the tenant, I believe the contract was signed under false parameters. I stayed one night there and they are keeping the $910 I paid for deposit & 1st month's rent. I believe I should fight it as I have the code, the craigslist add (2 different ones) showing 2 bedroom units available, and the stated landlord/tenant agreement adopted by my state. Their defense is that I saw the property and never mentioned the fact that it didn't have a window and therefore it's on me. Thoughts? Thank you all for your insight. I appreciate everyone taking the time to respond. David Z: Actually, there IS a legal definition for a bedroom in my state. I contacted the local building inspector who faxed over a copy of the bedroom definition compliance statute in the building code. Guess I'll take it to court. Thanks again. Thank you all for your insight. I appreciate everyone taking the time to respond. David Z: Actually, there IS a legal definition for a bedroom in my state. I contacted the local building inspector who faxed over a copy of the bedroom definition compliance statute in the building code. I care what it's called as if there is a fire of some kind, I am trapped on the 2nd floor of an interior room with no escape. If it is advertised and rented at a higher 2 bedroom rate, it should be as such. Guess I'll take it to court. Thanks again. okay, sorry....double post
1 month ago - 11 answers
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He he :) Funnny...
by Dave- 1 month ago
Legally a bedroom MUST have an exterior window and a closet. If this was advertised as a two-bedroom, you should contact your local housing authority to complain. You should be able to get out of your lease without penalty. Your should get your FULL deposit back. You were smart to keep the Craigslist ad. You might need it in small claims court if the landlord doesn't return your money.
by Jewellebean- 1 month ago
They are definitely in the fault. I would go down to your municipal building and talk to a public defender. They can give you frees counciling. Also make copies of where you saw that it was not in code due to the fact that there is no windows. Take that with you and get those bast...ds! Apartment landlords are so shady, good luck to you and your son!
by melissa s- 1 month ago
i say that you looked at the apartment and still chose to rent it. therefore you should be bound to the terms of the lease. you should keep this in mind for future dealings.
by Loretta Jane- 1 month ago
What time of the day was it when you looked at the apartment? At the time you looked at it...you should have been able to determine how many bedrooms it had and kept an eye out for 'escape' routes. It appears you signed the contract, after looking at the place, and accepted it 'as-is' and are now complaining about it. If the apartment did NOT have everything you were looking for...you should not have signed the contract... sorry. Next time you're looking for a place, with specific requirements, make sure (when you view the place) it has everything you're looking for or don't sign the contract...expensive mistake...
by Linda R- 1 month ago
what did you expect them to say to you? a; contact the county and see if they are authorized to rent out a unit with x bedrooms; if they do not have an occupancy permit for your unit as having two bedrooms, you are in luck; get the county's data in writing and go to court. Here is the "neat part." if you can show a judge that the landlord had no legal right to rent to you [seems to me he did not], you have a void lease and you can get ALL your rent back plus costs. available to guide you further
by kemperk- 1 month ago
well, yes their lawyer could say that you saw the room and still signed. I'm sure the apartment complex could afford a better lawyer than you too. and the definition of bedroom is 'a room furnished and used for sleeping'. However, I don't know building codes either. You could argue that you didn't sign up for any electrical issues that can put you and your son in danger.
by Danielle- 1 month ago
Any dwelling such as an apartment in this case can be listed a few different ways, really the unit should have been listed as a One bedroom with a study, that can be used as a bedroom. Therefore making it potentially capable of acting as a two bedroom. Leases are very intricate contracts, and I am sure they are covered, at your cost. You can attempt to argue the claim, but here is what you'll get: An angry management company toward you to whom you are obligated to now pay for I am guessing a year per the lease agreement, Expenses for an attorney that out weigh the cost of the matter, keep in mind these management companies always, and I say always have on standby a pre-hired attorney so chances are you'll lose the battle. Educating yourself before hand would have been ideal, even though you learned of the premesis not being dictated as a two bedroom you still accepted the terms of the lease as well as the premesis as you seen it. It would have been different had it been sight unseen. I hate to tell ya, just move in and enjoy the stay. BTW they did not violate any code, when the Certificate of occupancy was signed off by the building inspector that gave them the right to occupy the property as they wish because it met the code standards of the city.
by Customs572- 1 month ago
I am not an attorney. I think you could win in small claims court. Are you an electrician? I think not. You have to take it on faith the electrical wiring is up to code. Are you an architect? Probably not. So, don't you have to take it on faith each bedroom is a bedroom under the building code? I don't think it matter where you found this apartment listing or how many other apartment listings were out there. This sounds to me like false advertising on the part of the property owner. If I were you I'd march down to the courthouse and get the small claims court papers ready. Then I would issue a demand letter via certified mail that you expect your first month's rent and security deposit to be refunded in full or you will sue. That may be enough to get your money back.
by Ranger4402- 1 month ago
there is no legal definition of bedroom. who cares what it is called? point is you did not like it so move on. if the 2nd bedroom does not have a window and you do not like it then move onto next place.
by David Z- 1 month ago