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okaawhatever

(9,565 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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

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
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