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Old 07-04-2009, 04:47 AM
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Default Today New ,,Broke lease for good cause want deposit back

My husband, 2 yr old son and I rented a house in August 2008 and moved out in June of this year because our landlord did not make necessary repairs to the house. We have had multiple issues with this, from the day we moved in.

In November 2008, we had a gas leak that spread over the entire house. When the electric company inspected the house, they shut off the gas and advised us that there were hazard tags all over the gas lines in the crawl space and had been there for a long time. We told the technician that the landlord had just put in a water heater before we moved in and a new furnace after we moved in. He said that the tags were in plain sight, and there was no reason that no one had fixed the leak. The landlord was even at the house when the furnace was put in. The landlord refused to compensate for this-nothing off the rent, no apology, no nothing, and told me I have no tenant rights. The landlord actually yelled and cussed me out for calling the electric company about the leak first and not him. The Electrical tech also noted that the wires in the electrical box needed replacement and repairs due to them being exposed and and huge fire hazard, as well as light sockets being the same way. He had told the landlord everything over the phone with me standing there.

We have had broken/cracked windows that we had reported to the landlord since the first day we moved in. They said they replace them, and I kept calling to see when it was going to get done. Winter came around, and we had to go through the whole winter with the same windows.

We have also had two squirrels that chewed through the side of the roof and were living inside the walls of the house. We notified the landlord constantly, and nothing was done. One day, one of the squirrels chewed through the wall in the sun roof and was hanging there. We called the landlord and they came and patched the wall and gave us a chirping box to keep them away, but it never kept them away. The landlord replaced the roof of the house, but the squirrels chewed their way back in. We called them about it, and I even spoke with the landlord in person, and nothing was done about it.

A few weeks ago, we had a water leak from the crawl space that was through the floor, and was starting to mold. I called the landlord right away, and he told me he was not a 24 hour on call service or hotel and it was in my best interest to find the shut off valve to the water in the crawl space under the house in the middle of the night w/out a flashlight. I ended up calling the water dept to help me, and the landlord didn't send maintenance over until late the next morning.

We had enough and gave notice to the landlord that we were breaking our lease when maintenance came over to fix the water leak. We didn't move before because we had no where else to go. I asked for the deposit back because of the health and safety issues, and the landlord told me I wasn't getting a dime. I have documented our issues and have pictures to go with it. Sorry for the long explanation, but I was wondering are we legally entitled to get the deposit back because of good cause and health and safety concerns?

Please help.
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