Conned by Landlord

gleep

Just signed a year long lease at the weekend. Whenever I went to view the apt., all was well. But I did notice that all the windows and balcony doors were wide to the world. When i went with all my stuff to move in I was hit by a sickening smell of stale cigarette smoke in the apt. Couldnt believe it, its absolutley disgusting.
Everything in the apt. is contaminated, the walls stink, doors, floors, carpets, beds even TV. If I was to live here I'll end up smelling like this place. I tried washing it down with all sorts of cleaners an Dettol, left the windows open and came back a few hours later, and smell was almost gone. So I closed up windows & doors again. When I came back next day, the smell was back.
It seems the only way to freshen the place is to leave all windows and doors wide open, as the landlord had done during viewing. HE obviously knew what he was doing.
I've paid this con man €2000 in deposit and months rent, he's returned to Australia where he lives, what can I do? Tried Threshold, not much help. Thir advise is "you shouldnt have signed lease". They didnt take me seriously, but I dont think anyone really is. But this place is absolutley stinking, its everywhere. No amount of scrubbing will get rid.
Surely the landlord has acted deceitfully? If anyone came and sniffed for themselves they'd have to agree. Any Advice much appreciated.

spockety

I think the problem is going to anything that holds smell.

Carpets, curtains, couches, linen, etc.

Without getting rid of those, no amount of scrubbing surfaces or walls will help.

Joeyjoejoe43

Id have to say this is your own fault, nobody forced you to put pen to paper in fairness.

gleep

No, your right, they didn't, but they DID hide the fact that the place smells like an ashtray. THey hid the problem, in my view this is dishonest.

D3PO

i agree with the last poster. your responsible for your viewing.

if I went to view somewhere with the windows and doors open id be asking myself why is this ?

anyway just buy some fabreeze and air the place out, you signed the lease so you have to abide by it.

i cant believe the laziness of some people when viewing rental accomadation.

You have to view and check everything. Taps working, shower working. toilet flushes, rads work, appliances work etc.

Too many people just have a look see something they like astehitically and assume thats all they need to do. Hopefully you will learn a valuable lesson here.

gleep

spockety wrote: »

I think the problem is going to anything that holds smell.

Carpets, curtains, couches, linen, etc.

Without getting rid of those, no amount of scrubbing surfaces or walls will help.

Yeah, they all stink, but so do the floorbaords & walls, so even getting rid of fabrics, I dont think will fix it.

This guy has €2000 of mine now and I cant live in the apt without leaving all doors and windows wide open. I feel like I've been mugged, this has to be illegal?????

D3PO

gleep wrote: »

Yeah, they all stink, but so do the floorbaords & walls, so even getting rid of fabrics, I dont think will fix it.

This guy has €2000 of mine now and I cant live in the apt without leaving all doors and windows wide open. I feel like I've been mugged, this has to be illegal?????

how is it illegal. you signed and viewed the property so your responsible for your actions.

you say the landlord acted underhand, how do you know he didnt think that airing the place out would get rid of the smell ?

kittenkiller

Have you tried contacting your landlord to discuss the issue?
Maybe he'd be willing to refund your deposit or lower the rent etc.?

Cathmandooo

It's not illegal. Again as previous people have said it was up to you to check these things out before signing the lease. You signed it agreeing that the place was to your standards.

Either buy lots of air fresheners and hope the smell dulls down or move out and you could be liable for the years rent.

gleep

D3PO wrote: »

i agree with the last poster. your responsible for your viewing.

if I went to view somewhere with the windows and doors open id be asking myself why is this ?

anyway just buy some fabreeze and air the place out, you signed the lease so you have to abide by it.

i cant believe the laziness of some people when viewing rental accomadation.

You have to view and check everything. Taps working, shower working. toilet flushes, rads work, appliances work etc.

Too many people just have a look see something they like astehitically and assume thats all they need to do. Hopefully you will learn a valuable lesson here.

In all respect, I DID check everything. They told me they were just giving the place a clean, so the windows and doors wide open when I viewed seemed reasonable enough.
Maybe I should have been more careful, but fact is they were deceitful.

BeardyGit

You're 2k down....another €100 will see you right and you'll have learned the bitter lesson on this one. Hire a carpet cleaner as per this thread:

http://www.boards.ie/vbulletin/showthread.php?t=2055326769

Wash any curtains, cushion covers etc. If you can't, replace them.

Give it two weeks with the windows open and the soft furnishings and carpets cleaned and it'll be okay....

I know, it's not ideal, but you did kind of walk yourself into it. A quick sniff of a curtain is always on the list of things to check when viewing a property - It'll give away a smoker in an instant.....

Anyway, two weeks and the smell will have subsided.

Gil

lycopodium123

have you contacted the landlord? say it to him and see what he says. tell him you cant and wont live in an ashtray. he might be understanding about it. don't listen to the rest of these people here, they're obviously landlords themselves who are used to conning people.....

gleep

D3PO wrote: »

how is it illegal. you signed and viewed the property so your responsible for your actions.

you say the landlord acted underhand, how do you know he didnt think that airing the place out would get rid of the smell ?

Well he claimed that he'd been staying there while back from oz, so we can assume that he did notice the smell.
LANDLORD YOURSELF BY ANY CHANCE?

gleep

lycopodium123 wrote: »

have you contacted the landlord? say it to him and see what he says. tell him you cant and wont live in an ashtray. he might be understanding about it. don't listen to the rest of these people here, they're obviously landlords themselves who are used to conning people.....

Just what I was thinking! Tried to get in touch but he lives in oz. Tried email and texting, fone wont connect. Have an address for his parents, dont want to bother an old couple but I will doorstep them if he doesnt get back to me, today.

biko

Contact the landlord and say that the place reeks of cigarettes.
As landlord he should fix anything wrong with the place.

edit, just read there that he's abroad, did you go through an agency?

zuroph

Cathmandooo

gleep wrote: »

Well he claimed that he'd been staying there while back from oz, so we can assume that he did notice the smell.
LANDLORD YOURSELF BY ANY CHANCE?

The landlord could have been a smoker, nothing illegal there.

Agree with the above about getting the curtains cleaned and getting a carpet shampooer in. I wouldn't recommend ChemDry though, go for the liquid cleaners.

gleep

Gil_Dub wrote: »

You're 2k down....another €100 will see you right and you'll have learned the bitter lesson on this one. Hire a carpet cleaner as per this thread:

http://www.boards.ie/vbulletin/showthread.php?t=2055326769

Wash any curtains, cushion covers etc. If you can't, replace them.

Give it two weeks with the windows open and the soft furnishings and carpets cleaned and it'll be okay....

I know, it's not ideal, but you did kind of walk yourself into it. A quick sniff of a curtain is always on the list of things to check when viewing a property - It'll give away a smoker in an instant.....

Anyway, two weeks and the smell will have subsided.

Gil

Thanks for the tips, Im going to try but I really dont think anyone will believe how bad this is unless they see for themselves. As I said before, its in the walls and all the furniture. These ghave been washed with Dettol and still they stink.

Paulw

Have to agree with others here.

You viewed the place and you accepted it. It's your responsibility to make sure the place is what you want.

Now that you're signed the lease and paid the deposit, the best you can do is to clean it. A wet cleaner is best for the carpet. Get the curtins and such dry cleaned.

And FYI, I'm not a landlord, nor a tenant, not that it should make any difference.

biko

You can tell him you'll have to get a professional cleaner in and will deduct it from the rent and send a copy of the receipt.

Is he a registered landlord?

gleep

Cathooo wrote: »

The landlord could have been a smoker, nothing illegal there.

Agree with the above about getting the curtains cleaned and getting a carpet shampooer in. I wouldn't recommend ChemDry though, go for the liquid cleaners.

Carpets have been shampooed, just before I moved in. They are clean as you like, BUT THEY STINK!

lycopodium123

send him another email saying that you have to get professional cleaners in and if that doesn't get rid of the smell, that you'll have to re-paint and refurnish the place and that you're taking all costs out of rent so not to expect any rent for the next 6-8 months!
these landlords drive me insane, they're all at it!

D3PO

gleep wrote: »

LANDLORD YOURSELF BY ANY CHANCE?

No Im not actually, I'm just of the opinion that you need to take responsiblility for your actions rather than blaming somebody else.

You viewed and found the conditions to be suitable to your requirments. If thats becasue you didnt view properly thats your tough luck.

Seriously you didnt close the windows and doors to check how the outside noise was contained ? You didnt wonder if the reason they were open was because of possible damp ?

D3PO

lycopodium123 wrote: »

. don't listen to the rest of these people here, they're obviously landlords themselves who are used to conning people.....

yes all us people advocating the tennat is responsible for viewing peroperly before signing a lease, and pointing out its their fault for not doing so must be landlords :rolleyes::rolleyes:

sure half the posters here will make up the bulk of NAMA. :rolleyes::rolleyes:

D3PO

Magnus wrote: »

Contact the landlord and say that the place reeks of cigarettes.
As landlord he should fix anything wrong with the place.

edit, just read there that he's abroad, did you go through an agency?

since when did this become the landlords problem ? "fixing" the smell of cigarette smoke isnt a landlords obligation.

zuroph

have you washed the walls?

D3PO

Magnus wrote: »

You can tell him you'll have to get a professional cleaner in and will deduct it from the rent and send a copy of the receipt.

Is he a registered landlord?

no you cant. :eek: seriously you need to understand a tennants rights before you start posting completly random things that have no backing by tennant law

lycopodium123

D3PO wrote: »

no you cant. :eek: seriously you need to understand a tennants rights before you start posting completly random things that have no backing by tennant law

you need to get a grip

D3PO

lycopodium123 wrote: »

send him another email saying that you have to get professional cleaners in and if that doesn't get rid of the smell, that you'll have to re-paint and refurnish the place and that you're taking all costs out of rent so not to expect any rent for the next 6-8 months!
these landlords drive me insane, they're all at it!

jeez the "tennants" on here crack me up. You have no concept of reality.

Sure OP go do this and then enjoy being sued :rolleyes:

BeardyGit

gleep wrote: »

Just what I was thinking! Tried to get in touch but he lives in oz. Tried email and texting, fone wont connect. Have an address for his parents, dont want to bother an old couple but I will doorstep them if he doesnt get back to me, today.

I hope you approach them with a better attitude than you've brought with your posts here.

Look, I understand you're annoyed, but you need to stop biting at people over this one. Your money's in the bank, and you've already moved in to the place. Even if you get your deposit and rent back, you'll end up even more out of pocket in the long run.

Now instead of getting all wound up and really getting nowhere, you could just take the advice that's being given. If you're not willing to consider that and all you want is an argument or to refute what people helpfully suggest, maybe you need to look elsewhere.

If you want to live there, but the smell is causing the problem, deal with the source of the smell before doing anything else. As an ex smoker who grew up in a house full of smokers, I can tell you that the smell will dissipate but it'll take a couple of weeks, and that's dependent upon you cleaning as many 'sources' of that odour as you can....

So, open the windows when you're home, hire a carpet cleaner (down on the knees and smell the carpet - If it still smells of cigs you need a cleaner) and wash as many surfaces as you can with a proper odour neutralising cleaner.... If you rent a cleaner you can run it over the carpets 3 or 4 times in the weekend, instead of the single cursory dust over that the landlord probably got from a cleaning service company....

Don't use those pine scented cleaners - They'll only leave a sticky residue themselves...a dilute milton solution on all the tiles and countertops/tabletops, kitchen chairs etc, curtain rails and doors/doorframes is a good start. After that, consider replacing things like lampshades, curtains, extractor hood filter and the like.....

If you're happy with the house, it's worth doing these things. If not, decide what you want to do and then approach his parents only once you've given the landlord enough time to respond himself. It's possible he's still travelling home or run off his feet sorting things out himself if he's just moved back....

Whatever you do, be nice about it. Your frustration is understood, but don't take it out on someone who in all honesty (and writing as an ex smoker I really mean this) possibly didn't even notice himself just how bad the cigarette smell was.... Seriously - Only a smoker/ex-smoker will understand how they underestimate the stench....

Ask for something specific, such as the money to pay for carpet cleaner hire, products and replacement lampshades etc., and do it nicely, and you might get just what you need to right the situation.

Best of luck,

Gil

zuroph

lycopodium123 wrote: »

you need to get a grip

so's your face :rolleyes: what a ridiculous reply.
You can't just with-hold rent and get in cleaners, its up to the landlord to organise.

D3PO

lycopodium123 wrote: »

you need to get a grip

thats what i have. a tennant cant just deduct rent so when people stop posting silly suggestions then i will stop refuting them

lycopodium123

zuroph wrote: »

so's your face :rolleyes: what a ridiculous reply.
You can't just with-hold rent and get in cleaners, its up to the landlord to organise.

the landlord cant be contacted; or have you not read the whole thing?

D3PO

lycopodium123 wrote: »

the landlord cant be contacted; or have you not read the whole thing?

and your point is ? How long has he given him ? Why hasnt he used the landlords proxy i.e his parents.

Theres a way to handle things and threatening to withold rent etc is not the way to do this

lycopodium123

D3PO wrote: »

thats what i have. a tennant cant just deduct rent so when people stop posting silly suggestions then i will stop refuting them

you seem incredibly passionate about all this for someone who isn't a landlord

PCPhoto

I think at this point the OP has learned that you need to be careful when renting an apartment (although 2K rent for a property nowadays ...must be pretty nice place)

as posted above..... the smell will disappear in a couple of days/weeks ....so problem is effectively solved ....fresh air will do the place good anyway.

I dont think you(the OP) were "Conned" .... you didnt pay full attention and made assumptions when viewing the place, I've done the same on a couple of occasions - but learn to live with the property I rent...now..in saying that - every property that I have rented was a decent enough place....sometimes furniture wasnt comfortable but .... you get used to it....cant demand new stuff just 'cos its not comfortable...a couch was supplied :P

Anyway.... as I said above...lesson learned - time (and fresh air) will clear the place out of the cancerous odour.

lycopodium123

D3PO wrote: »

and your point is ? How long has he given him ? Why hasnt he used the landlords proxy i.e his parents.

Theres a way to handle things and threatening to withold rent etc is not the way to do this

eh, i'm not the OP, maybe you should ask him those questions.....

biko

D3PO wrote: »

no you cant. :eek: seriously you need to understand a tennants rights before you start posting completly random things that have no backing by tennant law

I was thinking of "You are entitled to reimbursement for any repairs that you carry out that are the landlords’ responsibility" but that might not apply here?

Can you link to your claim? That he cannot deduct rent for repairs?

PCPhoto

lycopodium123 wrote: »

you seem incredibly passionate about all this for someone who isn't a landlord

I agree with him - I'm not a landlord .... biggest thing I own is a 03 fiesta ....but people who rent today (myself included).... need to shop around for a decent bargain .... there are plenty of places on the market to choose from and if someone rents before checking out the property properly thats their fault.

I've driven around potential neighbourhoods to see if theres any local faces ...ie scumbags/gangs/junkies..... or even any gang markings (tagging) .... at the moment I rent in a 3 bed place in a suburban area in Dublin.

convert

D3PO wrote: »

a tennant

Tenant, perhaps?

I'm not sure that you really can do anything. You viewed the place and found it fine. Contact the landlord and have a chat with him and see if you could reach an agreement. Or you could try contact the PRTB and see if they could give you any advice.

Paulw

Magnus wrote: »

I was thinking of "You are entitled to reimbursement for any repairs that you carry out that are the landlords’ responsibility" but that might not apply here?

What repairs? No repairs are needed, only cleaning.

The tenant also has obligations to make sure the premises is in order before signing the lease.

The OP didn't view the place properly. The OP accepted the place after viewing.

Since then, no fault has occurred that would require the landlord to repair. The place was accepted by the OP, and the OP now needs to clear the place to his/her own requirements.

Nothing to do with the landlord really.

Cathmandooo

Magnus wrote: »

I was thinking of "You are entitled to reimbursement for any repairs that you carry out that are the landlords’ responsibility" but that might not apply here?

Can you link to your claim? That he cannot deduct rent for repairs?

Nothing is 'broken' though. The op has been given loads of advice about how to get rid of the smell, it will hopefully go eventually.

lycopodium123

PCPhoto wrote: »

I agree with him - I'm not a landlord .... biggest thing I own is a 03 fiesta ....but people who rent today (myself included).... need to shop around for a decent bargain .... there are plenty of places on the market to choose from and if someone rents before checking out the property properly thats their fault.

I've driven around potential neighbourhoods to see if theres any local faces ...ie scumbags/gangs/junkies..... or even any gang markings (tagging) .... at the moment I rent in a 3 bed place in a suburban area in Dublin.

thats fair enough, I've done that myself, but clearly the landlord knew there was a stench, thats why he had all the doors and windows open so the OP was mislead. What was he gonna do - go around and close all the doors and windows to smell the place?! I mean, seriously, come on!

gleep

Ok lads, as for the cleaning/airing place out, I;ve tried this. You really dont understand the extent of this problem, I can't describe it. IT can be smelt from the hallway of the block.

And FYI, I am a smoker myself, and even I cant stand the pong in this place.

I'm sticking to my guns here, I won't roll over and let this guy walk away with my money. I'm not rich by any means, this guy has conned me. End of.

lycopodium123

gleep wrote: »

Ok lads, as for the cleaning/airing place out, I;ve tried this. You really dont understand the extent of this problem, I can't describe it. IT can be smelt from the hallway of the block.

And FYI, I am a smoker myself, and even I cant stand the pong in this place.

I'm sticking to my guns here, I won't roll over and let this guy walk away with my money. I'm not rich by any means, this guy has conned me. End of.

let us know what he says when you eventually get hold of him, you never know, he could be really cool about it all and either give you your money back or else get it sorted........unlikely, I know, but you never know!!!

gleep

lycopodium123 wrote: »

thats fair enough, I've done that myself, but clearly the landlord knew there was a stench, thats why he had all the doors and windows open so the OP was mislead. What was he gonna do - go around and close all the doors and windows to smell the place?! I mean, seriously, come on!

This is my point. This is what I'm arguing. He misled me, purpousley. He never even said "I have the windows open because I'm trying to get rid of a smell."
He pulled the wool over my eyes.
If someone does this to you ie car salesman etc, they dont get away with it, why should a landlord be any different???

biko

Read www.prtb.ie
www.prtb.ie/DownloadDocs/Termnating%20a%20Tenancy%20pdf.pdf
www.prtb.ie/DownloadDocs/Termination%20of%20FT.doc

Cathmandooo

gleep wrote: »

I'm sticking to my guns here, I won't roll over and let this guy walk away with my money. I'm not rich by any means, this guy has conned me. End of.

So you're ignoring and unwilling to take any advice on here? What was the point of the thread?

gleep

Cathooo wrote: »

So you're ignoring and unwilling to take any advice on here? What was the point of the thread?

I wanted to see if anyone had a similar experience, or had any advice on how to go about getting my money back.

Cathmandooo

gleep wrote: »

I wanted to see if anyone had a similar experience, or had any advice on how to go about getting my money back.

Fair enough, I think it's safe to say it's not reason enough to get any money back legally.

Hope it works out for you though.

20goto10

There's not much he can do if you break the lease and move out. Take the 2k hit and put it down to experience.