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I recently moved in this home may 17, 2013 and the next day when it rained the backroom of the house was flooded. I had to get it shampooed up myself, but then down the line I started having more problems with the home and I emailed and texted my landlord every time with pictures and she states that they gonna fix it but never did. Plus today my backroom flooded again for the 3rd time so I emailed her and sent her pictures and I haven't heard anything from her. Here's are the problems that I'm having that she is aware of but not doing anything about it:
1. Backroom floods when it rains
2. Fence on other side of home suppose to be there before move in and still not there
3. Backroom storage closet floods when it rains, noticed mold growing in top corner of ceiling along with water stains, plus water coming out walls got the paint on the wall looking like its melting
4. Squirrels in attic cause a hole in ceiling in master bedroom (Landlord claims she contacted pest control but they never came)
5. Had a leak in laundry room (which was the only thing they fixed)
6. Front screen door don't fully close all the way
7. Front room and back room flooring is in need of molding to cover cracks
8. The heater is making whistling noises
9. Sockets in certain areas of the house don't work
10. Vents in ceiling in certain rooms don't work at all (so its cold in some areas)
Can you all help me on what I need to do? My lease is up in may 2014 and I'm out looking for a better home for me and my family and I do understand if I don't get my deposit back but I just feel this is not safe for me and my family and need answers. Mod Cut name
Last edited by Ultrarunner; 02-05-2014 at 12:33 AM..
Are you looking to move before your lease is up at the end of April? Your best move at this point is to read your state landlord tenant laws related to maintenance and follow the procedure for reporting these issues. It seems as though you've taken all the necessary first steps but haven't followed through very well but it's not too late. You'll find a link to Mississippi's laws in the first "sticky" on this forum.
Check your lease carefully to determine such as whether erection of a fence was agreed to in it, exactly what was written where general maintenance is concerned (any clause has to conform to state laws) and whether or not you have an early termination clause written in there. Based on what you've documented you may or may not have cause for breaking your lease without paying a penalty. Good luck.
Last edited by STT Resident; 02-05-2014 at 05:34 AM..
Reason: typo
I'm confused if you are aware of time lines....you start out by stating "I recently moved" and than I check and re-check if I read it correctly to see you moved there in May 2013 which to me is not recently.
Your thread says the place is unsafe but what I read is that there is maintenance issues which are different than "unsafe"
Check with your State law to see if you can pay the rent into the court register until the issues are resolved regarding repairs.
You should issue the right notice to the LL to demand repairs to be done within a certain time frame. In FL if that doesn't happen than you pay the rent into the court register and it will cost the LL money to get that money after proof is shown that repairs are performed but it doesn't count for all kind of repairs.
For example a fence can be removed and not replaced to avoid repairs unless the fence was a specific reason to rent the property and also who owns the fence? Perhaps the owner is not the one owning the fence but perhaps the neighbor.
If the fence is not repaired and a real issue than you can call code enforcement and the LL or the one owning the fence needs to fix it or pay a fine and still fix it...
Due to some sentences and wording I have a hard time knowing if your post is true and just the wrong wording is used or if you are making it sound worse to help your case.
After all this is a post from the tenant and the all may have a different story.
Your lease is up in approx. 3 months. You already lived there 9 months. Can you focus on finding a new place to live as soon as your lease ends? Or did you already find a place to move?
Back room that is leaking...is this part of the interior living(heated) of the home or is it a storage room or enclosed porch?
If you break your lease, there isn't a rule that says you won't get your deposit back. Most states, the landlord needs to attempt to rerent. They charge you rent (due each month) and you pay rent until lease end date or until they rerent, whichever comes sooner. Security deposit would be use to cover unpaid rent and any property damages or late fees, utilities you owe.
This is assuming you don't have an "early termination" agreement in your lease. Usually you agree to pay landlord a lump sum for the landlord to allow you out of the lease. Often it's a lump sum equal to 1 or 2 months rent. You could call landlord and ask them if they will allow you out of lease early if they keep your security deposit. Or if you pay them a set amt. If everyone agrees, them make sure landlord gives you something in writing that says you are allowed out of the lease early and you don't owe future rent.
It looks to me like you might be able to move and break your lease without penalty. It says you have to give the landlord 30 days to fix things that are related to not being up to code (building code). The flooding issue might qualify for that.
The other issues, probably not. Call them up and ask, though.
Having a long list of things wrong with the place is not necessary. You just need one thing that counts. Including minor things on the list actually clouds the thing that matters, IMO. In other words, you look more like a whiner, instead of a tenant with a valid building code issue.
If you were to go to court, for instance, and the flooding is caused by something not up to code, which is causing mold to grow, as well, leave your list at that. That's your strong argument.
Put bait and/or traps out yourself for the squirrels. The other things on your list are not things worth moving out over - immediately - or worthy of breaking a lease, in my opinion.
Are you looking to move before your lease is up at the end of April? Your best move at this point is to read your state landlord tenant laws related to maintenance and follow the procedure for reporting these issues. It seems as though you've taken all the necessary first steps but haven't followed through very well but it's not too late. You'll find a link to Mississippi's laws in the first "sticky" on this forum.
Check your lease carefully to determine such as whether erection of a fence was agreed to in it, exactly what was written where general maintenance is concerned (any clause has to conform to state laws) and whether or not you have an early termination clause written in there. Based on what you've documented you may or may not have cause for breaking your lease without paying a penalty. Good luck.
Thanks, yes it does states the fence in the yard and I ended up getting the code enforcer and building inspector to come and look at the home. They gave my landlord a fine because the black mold in the home and told me that I have every right to break my lease because of it but I'm getting an attorney just in case. The landlord sent someone to look at it and he stated its a roofing issue, wall issue and electrical issue in the home.
Thanks I have check my lease and it states that they are responsible for repairs thats not damaged by me. I did have a code enforcer to look at it and they gave my landlord a fine and gave them a timeframe to fix it which has been 2 weeks and now he's coming back this week to see if they did what they suppose to do. My landlord finally sent someone to look at it but they haven't told him when to start the repairs. He told me its a roofing issue, wall issue and electrical issue that causing the flooding in my home. The other items that I listed is everything that has been promised before I signed the lease and promised to get repaired but the main problems that has been frustrated to me is the flooding in my backroom everytime it rains and the mold. I also found out it use to be a carport that they turn into an additional room.
swaretocog I'm still looking for another home and the room that has constantly flood is another room they added I was also told by the code enforcer that it use to be a carport. They did give my landlord a fine because its hazardous to my health and gave them a timeframe to get it done and they still haven't fixed it as of today and the code enforcer will be coming back this week to see if it has been done.
bentlebee the unsafe part is the mold and the flooding part that the code enforcer and building inspector stated is unsafe. They gave the landlord a fine for it and told them what needs to be done. They sent a guy to look at it and he stated its a roofing issue, wall issue and electrical issue because none of the wall sockets works in that room in which can cause a fire since water is coming through the walls as well. To this day its still not fixed and the guy the sent to look at it is waiting on the landlord to set it up which has been almost 2 weeks now. The room tends to flood when it rains semi heavy and there suppose to be heavy rain coming this week which means the backroom is gonna flood in my home again and that is frustrating to me to come home to everytime
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