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xmas74

(29,674 posts)
Sun Jun 16, 2013, 10:46 AM Jun 2013

Anyone here ever break a lease? (please read before commenting)

I am currently living in a trailer. I moved in just a few months ago. When I first moved in I knew it wasn't great but it was clean and the flooring looked new. I was promised new screen windows.
Since moving in I've found numerous problems.
1) The windows. We still don't have those screens and can only open a couple of windows, since a couple are all that have screens. Also, the windows are not sealed all that well and every last one of them leaks while it's raining. For those of you who've noticed, Missouri is having a heck of a rainy season this year.
2) The floor. I am finding more and more soft spots every day and the rain isn't helping. In the kitchen it's even worse. I moved the refrigerator and found something unexpected: the fridge was actually balanced on a support beam with vinyl flooring over it. The area around the beam is very soft, almost to the point of completely rotting. And it's spreading.
I also found something else. Underneath the bottom cabinet in the kitchen there was a piece of cardboard with the vinyl flooring attached to it. The cardboard was placed there-no glue, no nails, nothing to keep it in place. When moved it revealed a hole about 18 inches long. You can see the ground under the trailer with that hole.
3) The doors. The outside doors do not seal well when closed. This wasn't noticeable until it started raining. Now every time it rains there is a puddle on the floor inside the trailer.
4) The roof/ceiling. The roof leaks. It leaks enough that there is now what looks almost like a tear in the back bedroom ceiling and what appears to be mold growing around it. I put on some gloves the other day and tried to scrub it with bleach but I think it's too deep to get to. My child and I both have allergies, to the point that she has stayed with my parents. I'm just trying to get through it, though my eyes itch constantly, I'm always hoarse and have a nasty, drippy, congested nose. I've also been waking up with headaches.
5) The water. When I moved in I was informed that water was included with my lot fee, as was trash and lawn. Turns out that isn't the case. I now receive a water bill every month from the management company for the park, averaging about $75. I don't have a washer, no dishwasher and nothing is running. It shouldn't be a very high bill. I was also sent a bill for lawn care-$125. They mowed it only once.

A friend who works in renovation walked through and his personal opinion was that I needed to get out ASAP. He said he didn't think it could be fixed. He said the whole place needed a new subfloor and that can't be done with me there. He also said that he thought it looked like black mold, which means that they would probably have to tear the place down.

So, I have a lease here. Any advice? Can I find someone to rent me a place if I explain the situation about the condition of the place I'm in? And would I still be responsible for the lease? (I can't afford to rent two places.) If taken to court could I possibly win due to the condition of the place? I feel worse and worse every day and I believe it's from the mold growing around the place. I've got to get out soon but if I'm sued and I lose I cannot afford to leave.

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Anyone here ever break a lease? (please read before commenting) (Original Post) xmas74 Jun 2013 OP
Sounds like you were knowingly conned, but every state has its own tenant-landlord Egalitarian Thug Jun 2013 #1
I don't know if there is. xmas74 Jun 2013 #2
you need to research your local laws, and get the biggest complaints in writing ASAP. bettyellen Jun 2013 #3
I've only found info about state law xmas74 Jun 2013 #5
you may not have separate county laws then? - try to research other's housing complaints bettyellen Jun 2013 #8
Thank you! xmas74 Jun 2013 #10
There are laws on how the place must be taken care of by the landlord. napoleon_in_rags Jun 2013 #4
It can be hard to find a place to rent later on if a prospective landlord finds out you broke the xmas74 Jun 2013 #6
I just updated my post. napoleon_in_rags Jun 2013 #7
I'm in the cracks. xmas74 Jun 2013 #11
If it's raining on you, most decent landlords will understand you couldn't live there. bettyellen Jun 2013 #9
And I do have receipts proving that I pay my rent on time. xmas74 Jun 2013 #14
Never, NEVER, give them direct access to your checking account. Sheldon Cooper Jun 2013 #24
All the above advice seem reasonable -- I would add two more suggestions: Raine1967 Jun 2013 #12
A number of them have recently been emptied out xmas74 Jun 2013 #16
Lease SamKnause Jun 2013 #13
Local news stations are an hour away. xmas74 Jun 2013 #19
You might also try to talk to the building inspection department csziggy Jun 2013 #15
Local building inspection does no good right now. xmas74 Jun 2013 #23
If it's affecting your health you need to get out csziggy Jun 2013 #27
There are a few at my church but I won't ask them. xmas74 Jun 2013 #35
If there is a mold problem, get out. I was exposed to extensive mold for about a year and a half. Mnemosyne Jun 2013 #33
Thank you. xmas74 Jun 2013 #34
Check your lease. politicat Jun 2013 #17
I've left messages xmas74 Jun 2013 #36
That is fishy. politicat Jun 2013 #63
What, specifically, does the lease say quakerboy Jun 2013 #65
Nothing. xmas74 Jun 2013 #68
Here - look at 441.234 treestar Jun 2013 #18
Yeah, that's all I could find too. xmas74 Jun 2013 #37
Some CITIES have landlord/tenant laws that are JimDandy Jun 2013 #44
My town has been fighting this problem for years xmas74 Jun 2013 #48
great find--how nice of you! renate Jun 2013 #60
Sounds like they've already broken the lease Cal Carpenter Jun 2013 #20
Thanks for the good luck. xmas74 Jun 2013 #38
I'd think you need a Certificate of Occupancy to rent a place out. Benton D Struckcheon Jun 2013 #21
I've never seen one in all my years of renting. xmas74 Jun 2013 #39
You wouldn't see it in the house, Benton D Struckcheon Jun 2013 #41
I hope this link helps - You may be able to escrow your rent myrna minx Jun 2013 #22
I might need to look into that xmas74 Jun 2013 #40
well one of my tenants hfojvt Jun 2013 #25
They have only mowed once this year. xmas74 Jun 2013 #42
I would tell the landlord that because of the black arthritisR_US Jun 2013 #26
better approach than mine (below) Voice for Peace Jun 2013 #29
That might be an interesting route to take. xmas74 Jun 2013 #43
I would call the local health department and ask for an inspection Voice for Peace Jun 2013 #28
Someone else posted something about this. xmas74 Jun 2013 #49
Call your fire dept Corgigal Jun 2013 #30
Good advice has been given above... Eleanors38 Jun 2013 #31
I agree with calling the health department but be careful, if they condemn you're out on the okaawhatever Jun 2013 #32
Put everything in writing rather than calling landlord. Keep copies, send certified or some uppityperson Jun 2013 #45
Communicate either certified mail or.. rsmith6621 Jun 2013 #55
Nope xmas74 Jun 2013 #70
A lot of good advice above. JimDandy Jun 2013 #46
You know exactly what you need to do. You have a legal problem. Get a lawyer. CK_John Jun 2013 #47
One, xmas74 Jun 2013 #50
I understand the hesitancy.... grasswire Jun 2013 #53
I can't stay there. xmas74 Jun 2013 #57
have you mentioned any of this to your landlord dlwickham Jun 2013 #51
I've called xmas74 Jun 2013 #58
send a certified letter dlwickham Jun 2013 #69
Ask your contractor friend to write a list of what he found and sign it. Warpy Jun 2013 #52
It's a 1980 xmas74 Jun 2013 #59
Get your local code enforcement involved. Show them the issues. Take pictures and diabeticman Jun 2013 #54
First - look for a Fair Housing organization in your city or state Ms. Toad Jun 2013 #56
Did you check with your local HUD? Lady Freedom Returns Jun 2013 #61
Your Landlord already defrauded you.They broke the lease.Uninhabitable domicile... easychoice Jun 2013 #62
sounds like Fraud , i hope you can get out of it JI7 Jun 2013 #64
kr for visibility. my advice would be to look for Legal Aid (or whatever it's called in your state) HiPointDem Jun 2013 #66
I would recommend. NCTraveler Jun 2013 #67
 

Egalitarian Thug

(12,448 posts)
1. Sounds like you were knowingly conned, but every state has its own tenant-landlord
Sun Jun 16, 2013, 10:53 AM
Jun 2013

laws...

Is there a tenant's rights organization there?

Either way though, I'd seriously consider getting out ASAP as this sounds dangerous and unhealthy.

 

bettyellen

(47,209 posts)
3. you need to research your local laws, and get the biggest complaints in writing ASAP.
Sun Jun 16, 2013, 11:10 AM
Jun 2013

because it takes time to document that they are not resolving the problem. You'd usually have to report him to a housing agency and get them to rule it's not fit to break the lease- but usually just seeing you are accumulating documentation and getting ready to do that will make most landlords let you go- or do repairs. Send a letter with pics documenting the problems as a first step and then send CCing the agency when he ignores it.

xmas74

(29,674 posts)
5. I've only found info about state law
Sun Jun 16, 2013, 11:15 AM
Jun 2013

which says that I can notify the county and have them decide and then I can have a max of 1/2 rent deducted once a year for the cost of the repairs.

I'm starting to suspect this will involve me contacting an attorney.

 

bettyellen

(47,209 posts)
8. you may not have separate county laws then? - try to research other's housing complaints
Sun Jun 16, 2013, 11:22 AM
Jun 2013

in your area and see how they were - or which ones were successfully resolved. Also legal aide and housing attorneys. If you have your shit together and can easily present the problems with full details and documentation ASAP, you can probably save time and money not paying for time wasted with wasted them "advising you" and get them straight to the letter drafting or whatever filing etc is needed. Good luck!

napoleon_in_rags

(3,991 posts)
4. There are laws on how the place must be taken care of by the landlord.
Sun Jun 16, 2013, 11:14 AM
Jun 2013

So methinks you could either force him to make a lot of expensive repairs, or negotiate an out from the lease as an alternative.

But I didn't think breaking a lease was such a big deal. I've had friends who signed a lease and then backed out, the big thing is that they lose the deposit, as I recall.

edit: You know what's really good for things like this? The cheap ask a lawyer services online. I used one, it was $10 to ask a lawyer a question.

xmas74

(29,674 posts)
6. It can be hard to find a place to rent later on if a prospective landlord finds out you broke the
Sun Jun 16, 2013, 11:17 AM
Jun 2013

lease. Also, they can legally charge rent until the lease expires or until someone else moves in-whichever comes first.

napoleon_in_rags

(3,991 posts)
7. I just updated my post.
Sun Jun 16, 2013, 11:20 AM
Jun 2013

There are services online where you can cheaply talk to a lawyer. If you're low income, that may be your best bet. Lawyers.com has a free service, but I'd rather put down a small amount of money and get that guaranteed answer.

xmas74

(29,674 posts)
11. I'm in the cracks.
Sun Jun 16, 2013, 11:35 AM
Jun 2013

I was on a lay-off when we moved into the place. (Something cheaper while I worked at a couple of low wage jobs.) Now I've been called back and I would call myself right on the edge of lower middle class.

I might have to just call someone locally. There are two attorneys at my church and they'd probably tell me what I need to know for free. I just hate asking, same as walking up to a local doctor at a band concert and asking about a symptom. I feel they deserve to get paid for their work and shouldn't be bothered in their free time.

I'll contact someone.

xmas74

(29,674 posts)
14. And I do have receipts proving that I pay my rent on time.
Sun Jun 16, 2013, 11:38 AM
Jun 2013

They're just money order receipts since they don't give us a written one. We have to mail it in to another town. They won't allow a personal check from anyone or else I would have that additional back-up as proof.

They are also trying to force me into allowing them into a direct bill pay with them. Personally, I don't want them to have any access to my bank account.

Sheldon Cooper

(3,724 posts)
24. Never, NEVER, give them direct access to your checking account.
Sun Jun 16, 2013, 11:46 AM
Jun 2013

If they force the issue, open a new account with your bank and use that account for the express purpose of paying your rent, and allow them to access that account only. Then, never keep more money in there than is absolutely necessary to pay rent for that month only. Don't leave extra money in there because they will take it.

On top of that - you really need to talk to an attorney.

Raine1967

(11,589 posts)
12. All the above advice seem reasonable -- I would add two more suggestions:
Sun Jun 16, 2013, 11:36 AM
Jun 2013

Take photos, lot of photos and If you are able to, see your doctor, and explain to him the health issues regarding you and your child.

This might also be a department of health issue. Since it's a management company, they may have to register with your county or state.

Are other trailers in this part in this condition?

xmas74

(29,674 posts)
16. A number of them have recently been emptied out
Sun Jun 16, 2013, 11:40 AM
Jun 2013

and I suspect they are in bad shape. Otherwise, I'm sure they'd be rented out by now.

I live in a college town and rents tend to be a bit high. Something has to be wrong or else at this price they would all be rented out.

xmas74

(29,674 posts)
19. Local news stations are an hour away.
Sun Jun 16, 2013, 11:41 AM
Jun 2013

And as to the local paper-I really don't want it known the condition of my trailer. If it ever got back to my child's father he could use it against me.

csziggy

(34,136 posts)
15. You might also try to talk to the building inspection department
Sun Jun 16, 2013, 11:39 AM
Jun 2013

FIRST: Talk to an attorney - check into the online cheap legal advice places or see if your local bar association has a refer a lawyer service. I've used the Florida Bar referral service and got an hour with an attorney for very cheap. It was enough for me to go over the details of my case and for him to give me steps to take to solve the problem.

ALSO: Call the local building inspection department. It sounds as if that place needs to be condemned! Leaky roof, leaky windows and doors, floor giving out, sounds as though there could be a leak in the pipes from the amount of your water bill. (That old gray pipe which was part of a class action lawsuit can spontaneously split and leak like crazy - it happened in our old trailer and we didn't realize it until the jet of water coming out of the split had rotted the pressboard flooring.) Mold issues, which is a health hazard - talk to the health department, too!

If either the building inspector or the health department declare the place uninhabitable, the lease could be void. Be sure and ask your attorney about it.

At the very least, getting advice from a lawyer lets you state in writing or verbally, "Upon advice of my attorney..." which scares the crap out of most people.

Good luck!

xmas74

(29,674 posts)
23. Local building inspection does no good right now.
Sun Jun 16, 2013, 11:45 AM
Jun 2013

It's been a big story locally the past few years. The building inspectors try to condemn a place but the city council steps in all the time. Why? Because some of the biggest slumlords in this college town are on the city council.

I need to contact a local attorney. This place is not helping me at all. This morning I woke up with a scratchy throat, probably from the mold.

csziggy

(34,136 posts)
27. If it's affecting your health you need to get out
Sun Jun 16, 2013, 11:57 AM
Jun 2013

As I said, try the health department. Go to your doctor and get his opinion on the health problems.

Also, ask you attorney when you find one what the liability of the landlord would be if you fell through the rotted floor, or if the mold causes a serious illness - mold issues can be long term problems even after you are out of the environment that caused them. Those could be huge incentives for the landlord to let you out of your lease.

If the slumlords run the town, you might want to talk to an attorney not in that town. I've been in a situation where my attorney did not disclose a conflict of interest and lost a lot of money. In some smaller towns the attorneys are too close to each other to be objective.

xmas74

(29,674 posts)
35. There are a few at my church but I won't ask them.
Sun Jun 16, 2013, 04:24 PM
Jun 2013

Though very nice I just don't want to involve them.

I probably need to get closer to KC.

Mnemosyne

(21,363 posts)
33. If there is a mold problem, get out. I was exposed to extensive mold for about a year and a half.
Sun Jun 16, 2013, 01:32 PM
Jun 2013

I was very ill for the entire time I lived there. I've been out of it for a year and a half now, and am still trying to recover my health.

The brain fog has been about the worst for me, along with sheer exhaustion, very hard to focus and write down thoughts, though it is slowly getting better with the detox. It weakened me so much, but gained a bit of strength after first detox. I detoxed for three months and am getting ready to do it again.

If you have any questions about mold exposure, please feel free to pm me.

Please, take good care.

politicat

(9,808 posts)
17. Check your lease.
Sun Jun 16, 2013, 11:40 AM
Jun 2013

Regarding the water and lawn maintenance. That responsibility should have been spelled out in the lease. A $75 monthly water bill is high, no matter what, meaning there's either several leaks, or it's an accumulated bill, or there's something fishy going on with billing. The bill should be itemized with how many 1000 gallons used, the waste water charge and any outstanding balance.

Have you brought any of the structural issues to the landlord's attention? If not, Do so, in writing, ASAP. Keep a copy of the written request. Ask about the screens again. This is mostly for due diligence, not because it's likely to get anything done.

Take pictures, and document all communication, be prepared to move out.

The links on this page may be useful:
http://portal.hud.gov/hudportal/HUD?src=/states/missouri/renting/tenantrights

xmas74

(29,674 posts)
36. I've left messages
Sun Jun 16, 2013, 04:27 PM
Jun 2013

but no response.

And the bill is just a computer printed form saying the management company's name, the total of the bill and the due date. It also states that, if even one day late in their office the water will be shut off. There is nothing else on the bill.

politicat

(9,808 posts)
63. That is fishy.
Mon Jun 17, 2013, 04:21 AM
Jun 2013

Your municipal water provider should tell you how much water costs per thousand gallons, and most states require the bill to be itemized, even if you are in multi unit housing. Multi-unit housing providers in most places are not allowed to make a profit on municipal services like water. In my two person household, in the Rocky Mountain foothills, with a washer and a dishwasher, we use about 2000 gallons a month, which costs $14.00 (rounded) a month. Water is expensive here because everything downhill from us has a prior claim, and practically everything is downhill. (Sewer is also about 14, and trash/recycling is 15, so combined, $43, but they're still itemized.) A $75 water bill would be appropriate for a 10 person household or a swimming pool or massive leaks (which would actually explain your squishy floors and ceilings.) You should be able to call your city water provider or check their website for your rates. You may be charged by the thousand gallon, or by hundred cubic feet, which is 748 gallons, but the rate should be consistent. (As an aside, at that rate, it's almost cheaper to let them turn off your water, buy a gym membership for showering, use paper plates and bottled water -- not saying to do so because that's a bad idea which will harm your credit and references.)

Does your house have a water meter? It should, if they're charging separately for it. It will be outside, above the skirting, fixed to the side of the house, and will look like an odometer. Find it, note the number, then go inside and turn off every water inlet -- under the sinks, behind the toilet. (You probably can't get to the tub, that's okay, just make sure it's not dripping.) Then go to work or away for several hours. Check the meter when you return. If it has changed, there is a leak, probably under the house. (Older mobiles are notorious for this.) Call the landlord's emergency number immediately, mention flood, water under the house. DO NOT go under the house yourself. You can look -- if your flashlight beam reflects off puddles, you have standing water from a leak. if it smells of dsewage, it is a health hazard. If you get no response, call your local fire department -- there's a good chance of an electrical short in progress.

Are the property management and the trailer owner the same entity? If so, they are responsible for maintenance. If not, this gets more complicated.

Under no circumstances should you ever let them have access to direct debit -- either continue the money order route or use your bank to do bill-pay. Your bank takes its orders from you; nobody else can access your account.

Log the calls you've made -- if you used a cellphone, then you have the records of when you called on your bills, and you should be able to access 18-24 months of bills from your provider's website. (I believe even pre-paid cells keep a call log). Try to call when you'll get a person (business hours, M-F) rather than after hours or weekends. The magic words with our property management company are "standing sewage", "electric line down" and "gushing" (don't ask me how I know...) Send a paper letter with notations of when you called and your known issues. Add photos -- Walgreens can print photos from your camera or phone, usually for about $0.25 a print. Send the letter by registered mail so you have delivery confirmation. In the letter, request a meeting to discuss the situation 5 days from date on letter to discuss an action plan. (Ask your contractor friend to either attend or give you a document of his/her observations. Don't go in alone, and be polite, but firm -- you want firm dates for repairs, etc. )

Speaking of, how is your electric? Does anything spark? Do the breakers kick off easily? Do all of the switches and outlets work? Older mobiles have notoriously bad wiring which can kill you quick and ugly if you've also got water problems. If you've got electric problems too, please call your fire department for an inspection. Your life is worth more than the hassle of a month or two of couch surfing or finding a roommate situation.

Pack up as much of your stuff as you can, and be prepared to abandon anything soft that can't be washed in hot water -- mattresses, upholstered furniture, toys, books. If you have mold, you don't want to move it because that's just a good way to spread the toxin to your new place and continue to make you sick. Yes, this means replacing furniture, but that can be done slowly, on a budget. (Or not, if you find downsizing and voluntary simplicity at all attractive.) Having done this twice, I can say it sucks, but it's more Flat Tire in the Rain suckage rather than Giant Fire Breathing Lizard suckage. (If you absolutely can't part with your soft stuff, find a metal storage unit that gets lots of direct sun. All stuff goes inside, you set off a bug bomb and a mold bomb, close it up and let everything bake for at least a week. You live out of a suitcase for a week. A week in a Red Cross Super 8, eating cold-cuts and PB&Js and fruit isn't glorious, but it's clean and secure.)

Do you have a place you could go if it's condemned? If not, check with your local Red Cross -- they have housing assistance for disasters (not just mass disasters -- anything that renders housing unlivable -- usually fire & flood, sometimes condemnations.) If you are condemned, your lease is automatically broken, your landlord is required to refund your deposit and a pro-rate of your rent. And it is not a black mark on either your credit or your reference if your house is condemned. (Just don't try to rent from that property management company again...they've proven they don't care.) (again, you don't want to know how I know this.)

You can ask your church-member lawyers to refer you to a colleague in a nearby town. Explain the potential conflict of interest and most will happily do so. That's not asking them for a free service, that's using your social network. Would you ask a church member where she got her hair cut or if she liked her dentist? Same concept. It's perfectly reasonable. Most professionals find it flattering to be asked to comment on their colleagues (since it implies that the person being asked is a mover & shaker, influential, in the know and powerful within their community.) and if one says, "Let me help, Sister Xmas," you are not imposing. S/he has chosen to volunteer. (In my community, we had a lawyer who took on a small class action against a management company as a learning experience; she wanted to do a bigger class action, but needed to figure out how much work one would be. It worked out well for everyone except the management company. Recall, there are quite a lot of under-employed lawyers right now...)

One other thing with your church : my mom had to get herself and three daughters out of a bad situation (house was fine, the other family member was not). The minister helped coordinate a rental from one parishoner for my mother to share with another single mom, her daughter and her adult brother (combat amputee) as a co-safe house, (plus temporary furniture) and community welfare checks (and random casseroles and grocery boxes) for the first couple months (until the abusive partners were out of circulation.) We were UU, so the church defaulted to always generous. It was a brilliant match, as it happened -- mom and other mom stuck together until last kid went to college, and now live next door to each other in a 55+ community of park-models (tiny trailers) and I still consider other single mom, her daughter and brother to be my family. If you think your church might be sympathetic and proactive this way, talk to your minister. Ask for practical guidance.

The tl;dr: 1) document everything in writing, with pictures if possible. Be vigilant, polite, detailed and firm. Ask simple, closed answer questions (what date will X be fixed? Rather than what happens now?)
2) be prepared to leave soon.
3) I'm assuming you don't, because most people don't, but if you have renter's insurance, call your agent.
4) inspection to condemnation is common enough and may be appropriate; just be aware that it's a fast track process and should not be triggered until you're prepped to GTFO or your symptoms are escalating.
5) if you have standing water, the odor of sewage, "delicate" electricals or pipes, these are indicators of non-habitable very bad. Give management no more than 24 hours to respond, then call county health and report.



xmas74

(29,674 posts)
68. Nothing.
Mon Jun 17, 2013, 09:14 AM
Jun 2013

It doesn't say the owner or the leasee is responsible for either. The newspaper ad stated that it was included in the lot rent. When I looked at the place it was verified and when I paid my deposit the same was said but the lease says nothing about who is responsible.

treestar

(82,383 posts)
18. Here - look at 441.234
Sun Jun 16, 2013, 11:41 AM
Jun 2013
http://www.moga.mo.gov/statutes/C441.HTM

Very pro-landlord state, I must say!

Tenant may deduct cost of repair of rental premises from rent, when--limitations.

441.234. 1. The provisions of this section shall apply only to a tenant who has lawfully resided on the rental premises for six consecutive months, has paid all rent and charges due the landlord during that time, and did not during that time receive any written notice from the landlord of any violation of any lease provision or house rule, which violation was not subsequently cured.

2. If there exists a condition on residential premises which detrimentally affects the habitability, sanitation or security of the premises, and the condition constitutes a violation of a local municipal housing or building code, and the reasonable cost to correct the condition is less than three hundred dollars, or one-half of the periodic rent, whichever is greater, provided that the cost may not exceed one month's rent, the tenant may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. If the landlord fails to correct the condition within fourteen days after being notified by the tenant in writing or as promptly as required in case of an emergency, the tenant may cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, including receipts, deduct from the rent the actual and reasonable cost of the work, as documented by the receipts, not exceeding the amount specified in this subsection; provided, however, if the landlord provides to the tenant within said notice period a written statement disputing the necessity of the repair, then the tenant may not deduct the cost of the repair from the rent without securing, before the repair is performed, a written certification from the local municipality or government entity that the condition requiring repair constitutes a violation of local municipal housing or building code. In the event of such certification, the tenant may cause the work to be done as described herein if the landlord fails to correct the condition within fourteen days after the date of said certification or the date of the notice from the tenant, whichever is later, or as promptly as required in case of an emergency. The tenant's remedy provided herein is not exclusive of any other remedies which may be available to the tenant under the law. No lease agreement shall contain a waiver of the rights described in this section.

3. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with tenant's consent. A tenant may not deduct in the aggregate more than the amount of one month's rent during any twelve-month period.

xmas74

(29,674 posts)
37. Yeah, that's all I could find too.
Sun Jun 16, 2013, 04:30 PM
Jun 2013

It is very pro-landlord state, which is probably why there are so many slumlords around. Add to that I live in a college town and you can guess what some of the places around here look like-and how expensive they are.

JimDandy

(7,318 posts)
44. Some CITIES have landlord/tenant laws that are
Sun Jun 16, 2013, 09:55 PM
Jun 2013

often stronger than their state's statutes, especially university towns. Call your city's code department and ask. Also the local U. might have free/low-cost legal services with law-students and they often publish rental handbooks for their off-campus students.

xmas74

(29,674 posts)
48. My town has been fighting this problem for years
Sun Jun 16, 2013, 10:42 PM
Jun 2013

with a number of slumlords in this area. They don't have the statutes since a few of the slumlords are actually on the city council.

And there's no law school in my town so it's a no-go. Actually, the school just passed a new policy that now makes students live on campus an extra year. One of the reasons is because studies show that the longer they live on campus the more likely they are to finish their degrees. Another reason is the revenue. Yet another reason is because of the complaints of all the slumlords taking advantage of students in this town.

renate

(13,776 posts)
60. great find--how nice of you!
Mon Jun 17, 2013, 01:25 AM
Jun 2013

That sounds like exactly the information the OP needs to defend herself if she needs to break the lease or get the repairs done. (Unfortunately, it also sounds like the budget for the work--one month's rent--isn't all that great. And it really does sound way friendlier to the landlord than to the tenant. Still, it's useful to know what the rules are.) Good detective work!

Cal Carpenter

(4,959 posts)
20. Sounds like they've already broken the lease
Sun Jun 16, 2013, 11:43 AM
Jun 2013

Particularly if you haven't signed anything re paying the water bill/mowing bill. But just the conditions of the house likely break the rules.

There may be a tenants rights org in your county, or a legal services nonprofit that could help. Where I live you would be within your rights to withhold rent immediately based on what you have said.

Keep notes, take photos and good luck. Fucking scumbag landlords deserve a special place in hell IMO.

Benton D Struckcheon

(2,347 posts)
21. I'd think you need a Certificate of Occupancy to rent a place out.
Sun Jun 16, 2013, 11:43 AM
Jun 2013
http://en.wikipedia.org/wiki/Certificate_of_occupancy

Check that out.
If you have all those leaks and you can actually see the freakin ground from inside this "home", I can't see how it would ever be granted one, and if it has one, it should be easy to get it revoked given your description of the condition it's in.
Not a lawyer, but you might ask the cheap one that other guy referenced about this angle.

xmas74

(29,674 posts)
39. I've never seen one in all my years of renting.
Sun Jun 16, 2013, 04:33 PM
Jun 2013

Never.

I've only run into them while working in the restaurant business. Every time I've worked in a brand new place I've noticed them but not in rental homes.

Benton D Struckcheon

(2,347 posts)
41. You wouldn't see it in the house,
Sun Jun 16, 2013, 04:36 PM
Jun 2013

but there should be one on file with the town/county clerk, I would think. Like I said, not a lawyer, but perhaps something to check out.

myrna minx

(22,772 posts)
22. I hope this link helps - You may be able to escrow your rent
Sun Jun 16, 2013, 11:44 AM
Jun 2013

until repairs are made. Make sure you understand these laws upfront, because in MN, you still have to pay rent, it's just held in escrow until the landlord makes the proper repairs etc. There is also a link to resident's rights in MO, so hopefully that's a place to start.

http://www.nolo.com/legal-encyclopedia/missouri-tenant-rights-withhold-rent-repair-deduct.html

I'd take photos and keep records of when you've had to seek medical attention and when you've had to send your child to the Grandparents etc. I would also consult legal aid in your area. I'm so sorry this is happening to you and your child. On edit, they cannot hold you responsible for utilities or additional expenses unless it's written in your lease, so if it isn't in your lease, it's their expense to eat.

http://ago.mo.gov/publications/landlordtenant.htm


http://www.lawmo.org/law_rep.htm

Serious Problems

If the problem is a serious one which will cost more than $300 or one-half of the monthly rent to repair, this law may not apply. If you have serious sanitation, health, structural problems, heating or plumbing problems, you should always contact your local city government about the problems. They may be a violation of housing or building codes in your city.

For these types of serious problems you may also be allowed to withhold your rent and pay it into escrow. This is a complicated procedure and you should talk to an attorney before beginning this process. If you cannot afford an attorney, you should contact Legal Aid of Western Missouri, or the Legal Aid in your area for assistance.

"Habitability" means a serious problem that prevents you from living comfortably in the house or apartment.

hfojvt

(37,573 posts)
25. well one of my tenants
Sun Jun 16, 2013, 11:52 AM
Jun 2013

got free legal help because of her low income.

See if something like that is available, like here http://www.lsmo.org/

Also, check this out http://ago.mo.gov/publications/landlordtenant.pdf

I kinda doubt your landlord has a leg to stand on.

As for leases, I broke one back in 1987 and all that happened what the landlord kept my deposit (and my first landlord did that anyway even after I rented two places for a month to avoid breaking the lease (plus I could not get moved by the 1st). As far as I knew that was their only option.

From your description it seems like the landlord should be more worried about legal action than you should.

I also don't see how they could mow only once. Unless you were mowing all the other times. As for a water bill, that may be water, sewer and garbage in one bill, like it is here. And those all have minimum charges which impact the small users more. My water bill from last year was $34.69 - $12.02 for water, $7.27 for sewer, and $15.40 for garbage. Those are all minimum bills - meaning there is no way for me to lower them.

xmas74

(29,674 posts)
42. They have only mowed once this year.
Sun Jun 16, 2013, 04:39 PM
Jun 2013

Remember, we had that really late snow and no one mowed until around graduation, in May.

After I received that bill in the mail I began mowing my own yard.

And trash at my last place was $36 every three months, sewer around $8 and water between $10-15 a month-far less than what they are charging. The services would be from the same companies. The whole town has one water company and one trash company and the sewer is from the city.

arthritisR_US

(7,287 posts)
26. I would tell the landlord that because of the black
Sun Jun 16, 2013, 11:57 AM
Jun 2013

mold situation that you have to ring up the board of health to come out and do a health inspection and ask him/her if they want to be present when it is being done. Similarly, the non sealing windows and doors which allow the rain to come in would have to be inspected for health implications.

I would also tell him/her that you have to ring up a building inspector for the roof and rotting floor to ascertain if they pose a safety issue. Again, ask the landlord if they want to be present during the inspection, hence the reason for your ring up to them.

Check your lease agreement to be certain that all amenities were included in the rent because if they were the landlord has to pay the water and yard maintenance bills.

The two inspections could potentially cost your landlord thousands of dollars in repairs and they may opt to break the lease on their own to avoid said costs and inspections.

Where I live if a tenant fails to pay their rent, they can be evicted after 48 or 72 hours. Failure to pay the rent null and voids the lease agreement and the only thing the renter forfeits is their damage deposit.

Hope this helps.

 

Voice for Peace

(13,141 posts)
28. I would call the local health department and ask for an inspection
Sun Jun 16, 2013, 12:14 PM
Jun 2013

if there are any violations I believe the landlord has to
either fix them or let you out of your lease.

It's not the greatest way to make friends with your
landlord, though, if that's a consideration.

xmas74

(29,674 posts)
49. Someone else posted something about this.
Sun Jun 16, 2013, 10:44 PM
Jun 2013

A friend said that if it's black mold they could immediately expect me to vacate, which I cannot afford.

Corgigal

(9,291 posts)
30. Call your fire dept
Sun Jun 16, 2013, 01:13 PM
Jun 2013

it's free and ask for an inspection. If they believe the home is a hazard, then give notice (and a hard copy report from the fire dept) and move out.

I actually fought a major appliance company this way, and received a new fridge because of it.

Call them on a weekday, when you can talk to someone to see if the place is safe or not.

 

Eleanors38

(18,318 posts)
31. Good advice has been given above...
Sun Jun 16, 2013, 01:16 PM
Jun 2013

Contact a tenants' rights organization and formulate a plan of action. I am not an attorney, but there is provision for "constructive eviction;" that is, a tenant can break a lease if the property is not fit for human habitation. Usually that standard includes chronic water intrusion, unsafe utilities, vermin infestation, ineffective locks and windows, lack of heat, dangerous structural features. Keep in mind that a landlord should be informed in writing, and be given time to correct deficiencies. You can certainly write the letters, but at this point, you may want an attorney (hopefully with the tenants' group) to sign off. Gets a landlord's attention, esp with copies to health & building standards for your community.
I have been both a landlord and an apartment manager. Good luck.

okaawhatever

(9,461 posts)
32. I agree with calling the health department but be careful, if they condemn you're out on the
Sun Jun 16, 2013, 01:21 PM
Jun 2013

street that day. Most states have a process that you have to go through that could render any reasonable complaint void if it's not followed. For example, you may have to put in writing your complaints and request health dept inspection or something. Even if the law doesn't state that you have to send certified mail, do so with return receipt. Scuzzy landlords do all kinds of scuzzy things. Regarding the two attorneys at your church, call them at their office. If you don't know their names ask them for a card before or after church so that you may contact them during your work hours. If you don't have the money to pay upfront, explain your situation and ask for a payment arrangement (if they win, they'll probably recover their fees anyway). Those attorney's may not practice real estate law but they will be happy to give you a referral. You shouldn't have to lose your deposit with this situation. You hopefully will be able to recover the cost of moving since it's not your fault you're incurring the expense. One other thing about an attorney, your discussions will be kept in confidence per the law. That may be a benefit if questions arise during a custody hearing. He will also be able to help you deal with any fall out from a custody standpoint. Your attorney can insist that you get a letter of recommendation from the landlord as part of the settlement, and that hey can never give a negative referral. I think an unresolved mold issue is a good explanation. That doesn't imply fault on your part. You may also look at the local country court records, many counties put them online. Research the mgmt. company to see if they've been sued and who they sue. You can also go to the local property assessor website and find the owner of the property using your address.
I used to own several rental properties, but never had places like yours or problems because of my dishonesty so I don't know what the process is. I kept mine repaired because I didn't want additional damage. I do know that you should be careful about the approach you take. You need to make it clear that these things weren't obvious when you signed the lease, and that a "reasonable person" wouldn't have been able to identify the problems. The windows and door leak may not be reason to break a lease, ditto the screens and their lying about the mowing/water money if it wasn't in the lease. Did they give you a copy of the lease? You need to show that they willfully concealed the problems. You may want to ask your attorney if you can sue the mgmt. company for misrepresentation. I think you should be compensated for all of this. You have to have your children stay elsewhere, it's making you sick (you'll probably have to prove black mold), and will incur the costs of moving, paying utility turn on fees again, etc.
Sorry for the rambling, just some thoughts. I don't think you should have to incur the costs of moving and I definitely thing you need to hire a local attorney. There are too many moving parts especially with potential custody issues. The attorney should be able to recover his fee from the landlord. Good luck.

uppityperson

(115,677 posts)
45. Put everything in writing rather than calling landlord. Keep copies, send certified or some
Sun Jun 16, 2013, 10:00 PM
Jun 2013

such to make a paper trail as "I didn't get a phone call" happens and having proof of what you contacted them about in paper is good.

I had problems in another state, researched landlord tenant laws and contacted a pro bono lawyer for advice though many lawyers give an initial consultation for free.

Good luck to you, sounds like you're getting some good advice and need to get out of there.

rsmith6621

(6,942 posts)
55. Communicate either certified mail or..
Mon Jun 17, 2013, 12:10 AM
Jun 2013


..via attorney. I had to break a lease earlier this year but because of a job loss...best wishes...

.....LET ME ASK YOU. WAS IT RAINING THE DAY YOU SAW THE HOME FOR THE FIRST TIME??

xmas74

(29,674 posts)
70. Nope
Mon Jun 17, 2013, 10:35 AM
Jun 2013

We had a really late spring in Missouri this year. There was snow on the ground when I saw it. (Heck, it snowed in May this year!) It was cold inside because there were no utilities turned on at the time so the lighting wasn't the best either.

I knew it wasn't going to be great but it was much cheaper than most places in the area. Now with being charged for lawn, water, trash, sewer, all the heat and the air being sucked out of the gaps around the windows and doors, etc., it would have been cheaper to go for the place that was about $175 more a month. It was a small apartment but they wanted a high deposit-first month, last month and security, which I couldn't afford all at once.

I signed my lease, had my gas, electric and internet turned on and waited for the first of the month to actually move in. I couldn't do it for two weeks because they still hadn't turned on the water. I moved in around the 15th of that month and no, they didn't prorate the rent due to their own negligence. By then I was stuck. I had to be out of my old place-it had already been rented-but was stuck in this place.

I think that, if sued for the lease, I could also use this information on my behalf, along with the condition and the lack of repairs.

JimDandy

(7,318 posts)
46. A lot of good advice above.
Sun Jun 16, 2013, 10:17 PM
Jun 2013

Follow through on all of it.

Also check your lease for a water damage clause. Leases with those clauses often state that if you don't notify the landlord of water leaks immediately on discovery, and water damage then occurs, that you will be held liable for all costs associated with the leaks. Notify your landlord, in writing immediately...even if there is no clause, because you don't want a judge deciding if lack of timely notice on your part contributed to the costs of the water damage.

CK_John

(10,005 posts)
47. You know exactly what you need to do. You have a legal problem. Get a lawyer.
Sun Jun 16, 2013, 10:23 PM
Jun 2013

Quit dancing around the issue, do not live life as a doormat..

xmas74

(29,674 posts)
50. One,
Sun Jun 16, 2013, 10:49 PM
Jun 2013

cannot afford one yet. I just came back from a lay-off and am trying to play catch up on my bills.

Two, cannot afford to move yet.

Three, most of the places in my town are not renting yet. Most start their leases in August because this is a college town.

Four, it's a small town. In order to get an impartial opinion I'll probably have to get someone out of town for legal.

I'm just trying to get an idea of what I might be up against come this fall. That's when I should have enough money to move. I've never done this before and I'm not quite sure what to expect.

grasswire

(50,130 posts)
53. I understand the hesitancy....
Sun Jun 16, 2013, 11:29 PM
Jun 2013

...but if there is mold, your health is at risk. And if you child is staying with grandparents you may end up with a custody problem.

Could you stay with your parents over the summer? Or could church members help you out? Is there someone you trust that you could ask for help or advice?

Seems like it's important to document the damage first, with pictures and descriptions.

Then put together a plan to get out ASAP.

xmas74

(29,674 posts)
57. I can't stay there.
Mon Jun 17, 2013, 12:31 AM
Jun 2013

It wouldn't work.

I'm planning on moving this fall. That's when I'll have the money to do so. Until then the plan is to pick up as much overtime as possible at work, maybe even pick up a second job.

xmas74

(29,674 posts)
58. I've called
Mon Jun 17, 2013, 12:33 AM
Jun 2013

There is never an answer so I leave messages on their voice mail. It's a pretty regular thing.

dlwickham

(3,316 posts)
69. send a certified letter
Mon Jun 17, 2013, 10:14 AM
Jun 2013

outlining everything that's wrong with the trailer and tell him that if these things are not fixed, you'll be forced to move

if you have any documentation like an inspection report, include a copy of that as well

if he doesn't sign for the letter, to me at least, that would show that he doesn't care about you and your issues

if he does, that means the ball is now in his proverbial court

give him a time limit in the letter like 30 days to fix the things that need to be fixed

Warpy

(111,254 posts)
52. Ask your contractor friend to write a list of what he found and sign it.
Sun Jun 16, 2013, 11:23 PM
Jun 2013

This might cost you a little money but not much. Document the refrigerator's balancing act and the cardboard under the sink giving way to a hole with photographs. Also photograph the mold and the leaks in the ceiling and around the windows.

Then try to find a lawyer/legal aid. You need to move sooner rather than later, before you break a leg when the floor gives way suddenly. It sounds like it will, too.

Trailers have a limited life span unless they're on foundations and very well cared for. Yours has exceeded its lifespan.

xmas74

(29,674 posts)
59. It's a 1980
Mon Jun 17, 2013, 12:35 AM
Jun 2013

and, as I've found, not well maintained.

I can't afford to move right now. I just don't have the money and won't until the fall.

diabeticman

(3,121 posts)
54. Get your local code enforcement involved. Show them the issues. Take pictures and
Mon Jun 17, 2013, 12:01 AM
Jun 2013

than go to your court house and place your rent in escrow. Also if you are that worried about it sue your landlord for unlivable conductions--get back all the rent you have paid. That place sounds like a health hazard.

If you aren't happy about the legal avenue talk to code enforcement they will get the landlord to get his act together hopefully.


Ms. Toad

(34,066 posts)
56. First - look for a Fair Housing organization in your city or state
Mon Jun 17, 2013, 12:25 AM
Jun 2013

They can typically help with these things with charge, or can point you to someone who can help you at a reasonable rate. Look for a local legal aid office - again they often provide no or low cost legal assistance for people who cannot afford a lawyer. My spouse donates about 300 hours a year, primarily in housing law, to local residents through the local legal aid office.

Second - trailer parks are often governed by very different laws than other residential rental property. Make sure whoever is giving you advice knows which body of law applies.

easychoice

(1,043 posts)
62. Your Landlord already defrauded you.They broke the lease.Uninhabitable domicile...
Mon Jun 17, 2013, 01:42 AM
Jun 2013

Ok! 9.a.m. Monday morning you get on the phone and find a Woman that practices law in your neck of the woods.
I say find a female attorney because I find they always get better results than their male counterparts.My personal Attorney is a woman.
I own 10 apartment buildings (200 units) here in Seattle and I would eat your landlord for lunch and empty his wallet on the way out the door.

You have been damaged and that damage is actionable.Especially since they knowingly rented you a toxic waste dump and charged you money to live in it.My suspicion is that what happened to you here is endemic in all of their rentals.
They need to be taken to task publicly for their lousy behavior with the strongest punitive penalties possible.All the rest of their tenants need you to get the ball rolling.I bet all of this will form a huge snowball if other tenants come forward and relate their substandard maintenance experiences.

Stachybotris (black mold) is nothing to mess with.It is extremely toxic a real good sign of neglect for water issues.There is also a whole host of other mold and bacteria that grows along side it that you will be unaware of because you can't see it.You just feel sick all the time.
http://www.cdc.gov/mold/stachy.htm

They don't care about you or any of the rest of their clients or they wouldn't allow this to happen to you.

Good luck to you,I am sorry to see this is happening to you...
get on the horn,do it immediately.

JI7

(89,248 posts)
64. sounds like Fraud , i hope you can get out of it
Mon Jun 17, 2013, 04:31 AM
Jun 2013

doesn't seem right to me but i don't know about the legal stuff.

but the other advice on here sounds hopeful that you should be able to get out of it because of all the problems.

i hope everything works out.

 

HiPointDem

(20,729 posts)
66. kr for visibility. my advice would be to look for Legal Aid (or whatever it's called in your state)
Mon Jun 17, 2013, 08:39 AM
Jun 2013

in mine they specialize in landlord-tenant cases.

a neighbor of mine got out of a lease by saying he'd go to the media about the mold affecting the health of his young child.

 

NCTraveler

(30,481 posts)
67. I would recommend.
Mon Jun 17, 2013, 09:06 AM
Jun 2013

Each state is different. You need to see what your state allows. There are a couple of things that you as a renter can do that will normally scare an owner into letting you out of your lease without repercussion as long as your claim has merit.

1) Most counties in Florida offer free testing for mold in the interior of homes. They will come in and take air/wood/paper samples and deliver a report to you. Black mold is a serious risk. No owner wants this report done. If elevated levels of black mold are detected the costs to take care of the problem can be huge. If an owner feels there is black mold in the property this alone might be enough for them to let you out of the lease. They do not want it on county records, they do not want it to find its way to the courts.

2) You said you have a lease. The structure for water payments should be in there. I have never seen a lease where that is not covered.

3) In Florida, you can pay your rent, with a complaint letter, to the clerk of the courts. This money will be held by the court system until you get a hearing in front of a judge. If the mold test is done before you pay to the clerk it will work greatly in your favor. Once again, no property owner will want to go through this. The threat alone will most likely be enough to get you out of your lease with no repercussions.

You are suffering many hardships due to neglect by the owner. You need to read your lease carefully. Leases will state what the owners responsibilities are.

I would advise you not to just stop paying rent. This gives the owner the opportunity to file for eviction and gives them some ammo. With all you have said, it would seem that you should be able to get out of your lease with well written letters. I am saying this without reading the lease. If the water payment structure is not in the lease I can only imagine that it was written with nothing but the owners interests in mind and that it is not a standard lease. Google "renters rights" and the state you live in. All states have renters rights laws. You can normally also find great information on the websites of how to deal with an abusive owner. It is a difficult question because all states are different.

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