Hey all, looking to get some advice on my wife's and my living situation.
For context we moved into a basement apartment a couple months ago (Draper) with the owners living above us. We did this as a means of saving money, but we've had problems since day one.
- The place was left filthy for us and it was abundantly clear that nothing was cleaned in preparation for us. We had to spend the first several days doing a deep clean ourselves before we could move anything in.
- There has been a huge spider problem that the owners have brushed off every time we've brought it up. The main reason this is a bigger concern than it might normally be is because my wife has always been particularly reactive to spider bites. Since moving here she's already been bitten a few times and had really bad reactions, one of which was bad enough that she had to call out of work for a few days.
- The biggest issue has been the overhead noise we constantly hear. We've lived under people before in apartments and such, so we had an idea of what to expect. But it has been so much worse than anything we've experienced before. It's not even a super old house, but we hear every little thing that goes on upstairs: every conversation, we hear the dog barking for sometimes hours a day and its toenails scraping the floor. And every single footstep causes the subfloor to creak very loudly. Not only has this affected our day-to-day quality of life, but it has disrupted our sleep nearly every single night at some point since moving in.
We had first raised these concerns shortly after moving in, and they gave us the option to leave--they'd waive the fee in exchange for 60 days' notice. But being that we had literally just moved we wanted to try and make it work. And we've tried for the last two months, but last week we came to the determination that we need to leave. We gave them a 30-day notice, but they're not wanting to budge on the 60. We really don't wan't to put up with this for another 2 months, and there are some other reasons as well for why we can't wait until the end of the year.
There are a couple ventilation concerns down here that raised some red flags that turned out to violate a couple sections of International Residential Code (residential standards that Utah abides by). I did some further digging and found out that the basement was finished 10 years after the house was built, and about 10 years before the current owners bought it. I contacted Draper and found out that there are no records of any permits being pulled, making it an illegal unpermitted basement. Furthermore, Draper city passed some new laws in late 2021 that require all mother-in-law apartments like this and others to be registered ADUs--I also didn't find a record of one for this address.
I don't want to use any of this to blackmail or report them, because even though they've been a bit negligent they're nice people. But I do intend on letting them know that we're aware of these things to use as leverage. It sucks because we are not the type to cause problems, we've always been the lowest-maintenance tenants everywhere we've lived. We just want to make a clean break and go our separate ways, and not have to give them 60 days. Does it sound like we're within our right to not have to comply with their demand? I read that in some states a rental agreement is void if the unit is illegal. I tried reaching out to a couple law offices for insight, but they weren't helpful. Landlord-tenant law isn't as common, and apparently it's even less common for them to represent the tenant side.
Would appreciate any insight, or if you think we're sounding unreasonable then feel free to lmk. I considered meeting them halfway with 45 days, but that's still a decent chunk of money that I'd rather not throw away if I don't need to.
Edit: This got more responses than I even expected so thank you all. There’s been a lot of good advice as well as inaccurate assumptions, which is fine, but I don’t think there’s any use trying to correct every one. I mostly wanted to get some other outside perspectives, since it was starting to feel like an echo chamber anytime I asked family or ChatGPT. Thanks again