Landlord breaking 12 month lease after 14 days

I want to let you know a little bit about Karin my wife and I. 

Karin is 56 years of age and fully disabled with (Hypertension, Asthma, Diabetes, and acute kidney failure).  The entire purpose of selecting this residence to lease was to provide a serine environment to help reduce her stress levels to aid in the preservation of what little kidney function, hypertension.  She requires daily dialysis in home care by her primary care person.  That is (me).

Now – I am Mark, husband of 36 years and have had a major heart attack/ heart bypass in the year of 2000.  In December I had a V-tack heart arrhythmia failure and receive an implanted defibulator.  The cardiologist have listed my as with a severe heart degradation and have been placed on the heart transplant list with a current heart function level of only 20%.  I am fully disabled and receiving social security disability.  

We have been trying to move from our old house that is in a short sale situation to 60 hidden road where we are residing presently.  Because of the announcement from the landlord on April 14^th, 2012 only 14 days after the start of our 12 month lease arrangement, the ability to move-in and take residence with our belonging has be in chaos mode.  Ever sense April 14^th we have been living out of boxes, crates and not able to utilize the leased property as intended.  The many phone conversations with the landlord and her real-estate agent they have continuously talked about us looking for alternative arrangement. Our monthly rental amount is $2,700 dollars.

The deposit for this lease agreement was $5,400 dollars and to enter into any other agreement to move forward we need the entire deposit back from the landlord.  We told the landlord as the emails indicate several time for a release of the agreement to allow us to entertain another lease obligation.  The landlord never provided a release until now.

We provided a the opportunity for the landlord real-estate person to perform a walk through with the buyers and she made comments that we did not have any curtains over the windows.  That is right we have no idea what is going on Day to Day or tomorrow so why put anything up.

The house is on the market to be sold in the current condition (AS IS), that is an understatement.  This happened after we entered into a 12 month lease and was not notified until the realtor contacted us to ubruptly show the property.

List of house defects run long :

• 1.      -Kitchen four burner LP stove top only two burners work, two knobs are frozen
• 2.      -Stove top ventilation fan over heats and shuts down in 5 minutes.  We have to open the windows and put a fan in to circulate air.
• 3.      -Kitchen sink only has HOT water (NO COLD WATER) due to plumbing to the refrigerator water hook-up.  Reverse osmoses and multi filters under sink have not been changed in over two years.
• 4.      NO smoke detectors, they are missing from the ceiling with the wires hanging down open and exposed.
• 5.      Multiple light switch are physically broken no leaver
• 6.      80% of all lighting fixtures with no or burnt out light bulbs.
• 7.      There are three wood burning stoves in the house all three broken glass fronts, doors frozen shut, not useable.
• 8.      There are two LP gas furnaces in the master bedroom furnace works but does not deliver any heat into the rooms because the ducting in all broken under the house.  The furnace heats there not in the rooms.  When the furnace is off and the breeze is blowing the room vents produce cold breeze.
• 9.      Main water valves leak, drip all the time.
• 10.  Main property pressure regulator freezes closed, no water pressure.  Then it is discovered the regulator problems has been happening for years. Told to me by the landlord and confirmed by several of the neighbors
• 11.  Underground sprinkles leak all the time and have to shut off the main water sprinkler valve.

These are just some of the most contorting problems with the house.

Technically the house was not ready to rent/lease to anyone without the major items taken care.

 Resolution:

 1.      Landlord has broken the lease agreement sense April14th, in writing on June 27.

2.      Return all of our $5,400 dollars deposit immediately, so we have moneys enter into another lease.

3.      Repayment of our moving and utility deposits to move into the residence.

4.      Exercise our rights for the landlord to buy us out of the remainder of the lease.

5.      We are unable to repeat another move in our condition and need to be moved by the landlord.

That is the general information package.

 Looking forward to receiving the retainer documents. 

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The deal we had on the house has officially been cancelled as of yesterday. As you have heard from Catherine, the market in Hollister has picked up significantly. My ex-husband wants to proceed on selling the house if at all possible. So we have listed the house for sale at $503,000.000. 

I appreciate any accommodations you can make for agents to view the house. An initial afternoon open house for a couple hours for agents to view the house will likely lessen the number of calls and appointments. I informed Catherine the house will need to be shown by appointment only. 

At this point in time, I think it best to release you from the lease agreement and shift to a month-to-month rental agreement. If you agree, then I will draft up a letter for both of us to sign and send it to you via email. Let me know if you have any questions. 

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Our entering into a 12 month lease agreement in February, starting April 1^st, would provide a stable environment for us to regain control over our life, health and business.

Fourteen day into the lease (April 14^th) you sent use an email indicating a previous potential buyer would be making an offer on the house.  We accepted that buyer to proceed, and you informed/indicated we needed to start looking to move again. 

Sense, (April 14^th) to present the uncertainty has been looming over us, living out of boxes, and unable to utilize the residence as defined by the lease.  The chaos continues, with the current listing of the property.

NONE, of the past three (3) months turmoil did we expect, and now we are required to rearrange our schedule to accommodate potential buyers.  

Sense, (April 14^th) our property occupancy status became as property caretakers and note leasers.  Property caretakers normally are provided with a salary and free rent.  This is most definitely not the current circumstances.

We have reviewed your latest proposition and cannot agree to convert the lease agreement to a month–to-month rental agreement. 

We must have a stable environment as we explained at signing of the lease, to nurture our life and health circumstance, and this situation is much too stressful, chaotic for us to deal with.  Our deteriorating health condition over the last three months are directly associated with high stress level from circumstance you have burdened us with.  We have asked twice before for a letter of eviction from the lease agreement, which would allow us to move forward, to review and search for alternative accommodations.  Three potential properties where available and have sense been taken off the market. 

You now want to sell, we need piece of mind, stress free environment from continues interruptions, uncertainty, time lost and rearrangement of our schedule to accommodate buyers, realtors and looky-lues.  Unless the buyers are prepared to put $200,000 dollars down cash, qualifying for financing is very hard today.

Thanks