Asked by Anonymous
I started a new tenancy, 2 year lease. My new landlord has removed the 30-day guarantee clause from the tenancy agreement by assuring that everything works fine. I have an email from him saying – “I assure everything is working. Nothing is leaking.” Unfortunately, as soon as I started living in the apartment, I realized the air con was leaking due to no maintenance for very long. The toilet is leaking too. I informed them, they made some excuses that I am misusing the apartment and hence, all this. However, as soon as I got the chemical cleaning done for the air cons, the leakage stopped. The leakage was because of the pipes badly clogged by dirt and mould. The landlord stopped replying to my emails with the receipts for this repairwork. I deducted this amount of 300$ from the 4000$ rental. He is now threatening to evict me due to non-payment of rent. He’s also threatening me that after he evicts me, I will still be liable to pay 23 months of rent as per contract, legal fee, agent’s commission and the security deposit will be forfeited too. I have few questions:
• Am I right in deducting the 300$ from rent as they never replied to my emails for the repairs that’s ideally the landlord’s scope? I informed them at every step but they did not acknowledge. They refuse to give their mailing address as well for sending registered mails.
• The 30-day warranty does not appear in my contract but only because he assured in writing that everything was working/not leaking. This is fraudulent representation and can I rescind the contract due to this? Any experience on this?
• Any suggestion for me to move forward with this?
• Am I right in deducting the 300$ from rent as they never replied to my emails for the repairs that’s ideally the landlord’s scope? I informed them at every step but they did not acknowledge. They refuse to give their mailing address as well for sending registered mails.
• The 30-day warranty does not appear in my contract but only because he assured in writing that everything was working/not leaking. This is fraudulent representation and can I rescind the contract due to this? Any experience on this?
• Any suggestion for me to move forward with this?
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