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We recently signed a 1 year lease for a house. A realtor was representing the landlord. We moved in about 2 months ago.

At the time of move-in, the realtor gave a walk-through of the house and filled a form documenting all damages. We asked a copy of the filled form, but he said we can take another 1 week to find other problems and he would add that to the form and send us the final one. It has been 2 months and he still has not returned us the form. We have requested him multiple times via email, text and phone call.

Also, the rent includes a pass to the condominium amenities which he has not given us yet despite several attempts to request one. Finally, there is a bathroom with a broken toilet bowl which we found out in the first couple weeks (since this house has multiple bathrooms we did not use this for a while). Again, he has not fixed it despite several requests.

What are my options now? Is there a way I can make a new move-in inspection sheet with all the damages documented and attested by lawyer or something. There is already some tension in the relationship, and I ma not sure if I want to write him a strongly-worded email to push him a little bit. I am worried that he has my 1-month deposit and he is going to make sure I lose all of it.

  • If the realtor works for a company then speak to his boss. – paparazzo Sep 25 '18 at 22:23
  • The realtor has his own company. Also, it looks like he is related to the landlord, although he hasn't openly acknowledged it. Therefore we might not be able to speak to the landlord either. – EigenRom Sep 25 '18 at 22:32
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What are my options now? Is there a way I can make a new move-in inspection sheet with all the damages documented and attested by lawyer or something

Involving a lawyer for witnessing an inspection seems expensive and unreliable.

Instead, you could make your own list of damages, sign it before a notary (ensuring that, in addition to the seal, the notary stamps some visible sign on the letter), and send the realtor a copy of that notarized letter. You will keep the original in case the matter ends up in court. Unless the realtor gets up to speed with his promise for an inspection, your notarized letter insofar as evidence is much likelier to outweigh the realtor's after-the-fact, bare allegations.

You mention that there is already some tension in your relationship with the realtor. Henceforth, your communications with him should be in writing --preferably email-- so that you have records of your interactions, lest he falsely accuse you of making threats. Indeed, some immoral people resort to that type of calumnies when they realize that their position is meritless (defamation is precisely why I sued my former employer, a matter which I have needed to bring before the SCOTUS).

Your post reflects that not using one of the bathrooms is the only harm or loss you have experienced so far. Thus, you could only pursue in court declaratory and injunctive relief through claims of negligence and breach of contract. However, under these circumstances, judicial proceedings might be extreme and not worth, considering that litigation is neither easy nor a quick matter.

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  • How does the notarization help? Just makes it seem serious? And petitioning the SCOTUS is impressive to me. Good luck. – George White Aug 17 at 17:56
  • @GeorgeWhite "How does the notarization help?" Basically it is one way to defeat the adversary's possible allegation that the OP made the record belatedly (i.e., the landlord saying: "the OP caused the damages and then he made the list to make it look like the damages occurred prior to him moving in"). Thank you for the compliment & kind wishes on the SCOTUS. Unfortunately the petition was denied for review, but I'm glad I filed it nonetheless. Otherwise I would live forever with the uncertainty that maybe that court would have redressed the injuries. – Iñaki Viggers Aug 17 at 19:15
  • thanks - I think of a notarization just verifying a signature and forgot that it is dated. – George White Aug 17 at 20:07

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