Posted by Skeptic1 on Mon, Nov 9, 2009, at 9:13 AM:
I am so disgusted right now. My daughter's apartment is full of raw sewage and her landlord tried to convince her that it was just the toilet over-flowing and to "just clean it up." She actually said it "happens on occasion." Gee- one can easily tell if it is the toilet oveflowing or if it is sewage coming out of the pipe in the basement!
I called the city zoning office to find out if this was a "legal" apartment because it is a basement apartment with only one entrance and no windows that open (fire hazard.) They transferred me to the inspections department. The inspections department informed me that there is no city ordinance to inspect apartments in Cape for safety. He actually told me that the city of Cape has had children die in apartments due to no fire exit. But since there is no ordinance that says an apartment has to be inspected for safety before moving tenants in, landlords can get by with pretty much anything. So my daughter has to deal with the raw sewage herself and can't move out because she signed a 1 year lease.
So why doesn't Cape have an ordinance that states before a landlord can move tenants into an apartment, the apartment must be inspected for safety. And it should be inspected each time someone is to move in! after all when a 19 year old moves into a place they aren't looking at safety issues!
I wonder- how many city council members own apartment rentals?!!
Replies (20)
BadMomma,
Check out her lease. A standard lease usually has a clause that says the Landlord will maintain the premises in a tentable and usable condition. If it isn't maintained it is a violation of the lease. If not repaired in a timely manner the lease would be broken.
She should put the complaint in writting to the Landlord for possible legal action.
She also might want to contact the County Health Department.
If she gets out of the lease I might have an apartment available.
-- Posted by justbob on Mon, Nov 9, 2009, at 11:16 AM
Thank you. Good advice!
-- Posted by Skeptic1 on Mon, Nov 9, 2009, at 11:27 AM
BadMomma: Here's an idea. Go to the city council meeting tonight and unleash some of your anger to them that you so proudly exhibit on here. That's the only way. You might get some results from your fellow repugs on the council. Just get one to go along with you and you will have it made. There seems to never be a dissenting vote on this council anyway.
-- Posted by howdydoody on Mon, Nov 9, 2009, at 11:46 AM
oh brother, you demogods can not have a single discussion without turning it into a political battle.
-- Posted by Skeptic1 on Mon, Nov 9, 2009, at 12:11 PM
BadMomma, Bet the fire exits and windows did not disappear after your daughter signed her lease? I know your answer, "when a 19 year old moves into a place they aren't looking at safety issues!" Sorry, old enough to enter a binding contract, old enough to know better.
Do a google MO rental codes, if the place is not inhabitable or if the landlord constructively evicts her by not fixing the sewer issue, she may have ground to get out of her lease. Merely an opinion, not expert advice.
Under the constructive eviction doctrine, the tenant is allowed to abandon the lease and excuse himself from the obligations of rent because the landlord's conduct or omission not only substantially breaches the implied covenant of quiet enjoyment but also impairs the consideration for the lease. However, before abandoning the premises, the tenant must notify the landlord of the problem and give the landlord a reasonable time to remedy the problem. If the tenant remains in possession of the premises for too long a period after the landlord fails to remedy the problem, the tenant may be held to have waived the constructive eviction theory. In effect, the constructive eviction doctrine may compel the landlord to make repairs to avoid the tenant's moving out and not remaining liable for rent. The constructive eviction doctrine applies to both residential and commercial rental property. http://www.scottlawfirm.com/missouri_law.htm
-- Posted by ho ho ho on Mon, Nov 9, 2009, at 12:52 PM
Sounds as if your dealing with one of the MANY slumlords we have here in Cape. If the landlord refuses to fix the problem within 15 days MOVE OUT without notice or payment!
If there is no ordinances overseeing rental properties your best option is to move out.
Many Cities do have agencies that protect renters however Cape is NOT one of them. Our current City Council couldn't care less about your daughters problems much less the slumlords we have here in Cape renting property.
-- Posted by GREYWOLF on Mon, Nov 9, 2009, at 12:56 PM
I rented a couple of "nightmare" apartments before purchasing a house.
One was at 1018 Independence , the upstairs apartment shower was left on & overflowing into my kitchen ( water leaking out of light fixture & ceiling panels collapsing)landlord shut off the electric to my kitchen & considered the problem fixed.
I had to run an extension cord to run the icebox & for a stand-up light .............
-- Posted by rockman54 on Mon, Nov 9, 2009, at 1:22 PM
"Badmomma obviously wants the taxpayers to foot the bill for this increased regulation of private property and private enterprise."
-- Posted by Ike on Mon, Nov 9, 2009, at 12:07 PM
Ohh Touche' Ike! Well done! LOL
Best post of the day. LOL!
-- Posted by Egotistical_Bigot on Mon, Nov 9, 2009, at 2:51 PM
Ike and Ego- neither of you know what conservatives views really are because you only believe what you want to believe. That's like a Baptist trying to tell a Catholic what Catholic views really are.
-- Posted by Skeptic1 on Mon, Nov 9, 2009, at 3:18 PM
Engage a good lawyer with expertise in this field. Follow the advise. Keep written records of everything! A letter from your lawyer to the landlord is more effective than trying to handle it yourself. It signifies your seriousness to take it to court if necessary. Many landlords think financial relief and legal fees will excede any recovery you might receive. Let the lawyer call any bluff. Missouri law may not be the final authority (example the recent flag issue).
Usually a lawyer can bring about a reasonable settlement. Be advised, however, it can be expensive but be more valuable in the protection of reputation and credit rating.
-- Posted by voyager on Mon, Nov 9, 2009, at 4:03 PM
I'm with Ike here.
The free market says that the government should let this property owner do whatever he wants; he owns the building. Your child is free to move somewhere else, once the contract is up.
-- Posted by FriendO on Tue, Nov 10, 2009, at 11:50 AM
FriendO,
The tenant has by law "reasonable expectations" in the use and condition of the property, usually as set forth in the lease agreement.
When a conflict arises as in this case, it is always wise to consult a lawyer first.
In this case, a backed up sewer pipe or even a commode is not a "reasonable expectation" in the use of the property. Logically, a landlord should be expected to maintain his property to meet "reasonable expectations." Still, consult a lawyer and save yourself grief later.
In all cases, as I have learned from experience, keep clear and accurate records. Remember whenever you go to court, a judge will want to see the "paperwork." Its not so much what you say but what the paperworks says that decides cases.
The best advise I ever had was consult a lawyer BEFORE doing something, rather than AFTER.
-- Posted by voyager on Tue, Nov 10, 2009, at 12:58 PM
BadMomma,
Did you ever get this issue resolved?
-- Posted by justbob on Fri, Dec 4, 2009, at 12:35 PM
Be sure to have her take pictures as well and date them to keep for evidence. You know what they say: a picture is worth a thousand words.
-- Posted by all_i_hear_is_blah_blah on Fri, Dec 4, 2009, at 12:41 PM
she is probably flushing too many female hygene products down the toleit. renters are ussually the cause for most clogged drains. wake up, bigmama.
-- Posted by Make no mistake about it on Fri, Dec 4, 2009, at 7:01 PM
she is probably flushing too many female hygene products down the toleit. renters are ussually the cause for most clogged drains. wake up, bigmama.
-- Posted by Make no mistake about it on Fri, Dec 4, 2009, at 7:12 PM
BAKERSBIGBURGERS- you are disgusting. And a complete total A
This happened within 2 weeks of her moving into the apartment, in one month's time it happened 3 additional times. In fact for some reason it was everytime it rained the sewer waters would come out of the pipe in the floor. In addition to this her kitchen faucet would occasionally stop working for no reason.
Yes I did get an attorney involved and moved her out of there. She only lived there a total of 5 weeks. The landlord is in complete denial even though the plumber said he had been there before and there are major plumbing problems that the landlord isn't addressing. And of course so far the landlord is refusing to refund any deposit. But I do have photos and witnesses and she won't stand a leg in court.
I just really feel sorry for the next person who moves in there because I doubt the problem will ever be fixed.
Ike and FriendO- I like how both of you are saying this is the person's private property and there for the owner can do as pleases. But that's just it- it is NOT private property...it is being used as a business, a rental property is business property not private property.
This is about doing right by someone instead of trying to rip a person off. I have rented places before and I made sure the house I was renting out to someone was in excellent condition to live in and very well maintained. My rental house was a home that someone could be proud to live in. You can make money on rentals without having to be a slumlord.
-- Posted by Skeptic1 on Fri, Dec 4, 2009, at 7:42 PM
BadMomma,
Here is a link to a PDF about Missouri landlord/tenant laws:
If you want a copy of the booklet call the Attorney Generals office in Cape at: 290-5679. Hope this helps :-]
-- Posted by Hookie98 on Sat, Dec 5, 2009, at 1:45 PM
Now that this is in the past, I suspect your only remedy would be compensation for a deposit or expenses incurred due to a landlord failing to execute his duty of a contract. Can that be settled in small claims court?
-- Posted by Old John on Sat, Dec 5, 2009, at 3:28 PM
yep
-- Posted by Skeptic1 on Sat, Dec 5, 2009, at 3:53 PM
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I am so disgusted right now. My daughter's apartment is full of raw sewage and her landlord tried to convince her that it was just the toilet over-flowing and to "just clean it up." She actually said it "happens on occasion." Gee- one can easily tell if it is the toilet oveflowing or if it is sewage coming out of the pipe in the basement!
I called the city zoning office to find out if this was a "legal" apartment because it is a basement apartment with only one entrance and no windows that open (fire hazard.) They transferred me to the inspections department. The inspections department informed me that there is no city ordinance to inspect apartments in Cape for safety. He actually told me that the city of Cape has had children die in apartments due to no fire exit. But since there is no ordinance that says an apartment has to be inspected for safety before moving tenants in, landlords can get by with pretty much anything. So my daughter has to deal with the raw sewage herself and can't move out because she signed a 1 year lease.
So why doesn't Cape have an ordinance that states before a landlord can move tenants into an apartment, the apartment must be inspected for safety. And it should be inspected each time someone is to move in! after all when a 19 year old moves into a place they aren't looking at safety issues!
I wonder- how many city council members own apartment rentals?!!
Replies (20)