I have a question about my landlord and the plumbing?

Question

My kitchen plumbing needs to be fixed, badly. The landlord failed to tell us about the leaky pipes under the sink and in the basement. Whenever we do dishes, take a shower, wash our hands, etc, the basement pipes leak all over the place, the area under the sink is rotten from the leaking, and the floor is now excreting water up from the middle when we walk on it, even when the water has been off for hours.

We have asked him to fix it, and he keeps telling us that he'll pay us $100 toward our rent if we fix it. We've gotten estimates that total over $800 to fix it all correctly. We don't have the money to fix his house, and our lease doesn't say we have to fix it. Local city law says all we have to keep up with is the yard & sidewalk. What can we do to make him fix it? If we fix it, we won't be able to pay rent for a few months.

We live in MO, if that is of any difference.

He also said he'd have the house painted by Spring (it's coming on the end of Summer now and looks horrible, paint flaking everywhere, half-finished paint job in the back from before), the electric is messed up - the fuses blow all the time, and there are windows that are broken that we didn't notice when we signed the lease. The heat here is gas, and the furnace doesn't work unless we bypass the safety. So needless to say, heating the house this past winter was scary.

He also comes by while we're not home and goes through the house. He doesn't seem to mess with anything, but the neighbor asked why he was coming over so much and we had no idea (haven't confronted him on this, but got motion lights and a fake camera and we all think it has stopped).

The house is not a dump, it just has interior, behind the walls type stuff going wrong with it. It is 120 years old, so we expect some normal problems, but not this many. We just want to know if we can keep our receipts and hold out on the rent, or what. We've taken before and after pictures of everything we've had to fix before, and kept all the receipts. We are locked into a lease that would make us responsible for the rent if we break the lease until he finds someone else to rent it out to. We really like the neighborhood, etc, but our landlord is a slumlord it seems, and we want to stay here, just don't want the house to be the way it is, we want to find out how to make him fix it. We think there are codes that are not up to date as well, such as the electric. He also needs to fix the banisters because during the last storm they blew off and he attached them back with rebar. My 2 yr old has fallen twice because of them being so unsteady. I have fallen once.

Answer 1

Pressing the building codes issue will smply force him to evict you so he can do the work.

I'd look around the neighborhood for another place and put him on notice if the plumbing and the railing is not repaired professionally by August 31 you will be putting in your 30 day notice and moving. He'll never be able to rent it in its present state so that may build a fire.

Answer 2

anything that is a health or safety issue needs to be fixed by law.

Send him a certified letter of the needed repairs, he then has 30 days to fix it, if he does not, you can have a licensed contractor fix it and take that amount off of the rent.

You may be able to break the lease without any fees if you go to court because he is breaking the law by going over all the time without any notice. He legally has to give you 24 hrs notice before going on the property.

If you get him to fix things, and you stay, but he continues to violate your privacy then send him a letter stating that if he continues to break the law, you will take him to court and break your lease. He may just be ignorant and not know that he can't do that.

Answer 3

Living in MO does make a difference, because state and local law govern your situation. Google Missouri + "tenant rights".

You must document thoroughly and hold the landlord's feet to the fire. He will either make the repairs or let you out of your lease. (You can end ANY lease anytime both parties agree.)

"If the property is unsafe, unlivable, or in bad repair, you should:

    Request in writing that your landlord make the repairs. Send your notice by certified mail so you have proof that the notice was received, and keep a copy.

    Call your local housing or building code department. In Kansas City call Neighborhood Preservation at 513-9000. Request an inspection if your landlord does not make the needed repairs.

    If the property is unsafe or unsanitary due to major housing code violations and your landlord fails to correct the defects, keep in mind that the City may condemn the property and you will have to move out."

Answer 4

You have rights, your landlord is NOT allowed to enter the home without prior notification be it 24 or 48 hours notice that he will be over to repair then you have to allow him in.  He is only allowed to enter without notice for an emergency, gas leak, fire etc.  That's it!! he cannot just randomly come into the house when you are not there, it's called trespassing and it's against the law and you can call the police on him for this.  As for the plumbing, send this to him in writing, send him copies of estimates to repair the plumbing explain that $100 will not go anywhere towards fixing this problem. State that no where in the lease is this your responsibility, give him two weeks to repair or tell him you will be escrowing your rent with the courts until the plumbing is repaired.  If this is not acceptable to him tell him you will get the work done and take the cost out of your rent, however long that will be.

Read what I've attached as far as your rights in getting repairs done timely.

Good luck

Answer 5

I'm sorry, the place is a dump and needs to be condemened until all the repairs required are made.

No, you cannot legally withhold rent, you must follow the steps outlined per MO landlord tenant laws. Withholding rent can lead to eviction.

If you have to bypass the safety to run the furnace, there are broken windows, the plumbing is deteriorated and leaking (causing mold?), the floor has water running up and out of it (causes rot& mold and encourages bug infestation), the electric system is outdated and overworked causing fuses to blow, deteriorated railings, etc.

The "behind the walls" stuff is the most danagerous. Overloaded wires can cause fires within the walls, plumbing leaks encourage mold to grow ...

That flaking exterior paint just may have lead. Do you really want your 2 year old to suffer from lead poisoning?

You need to notify the landlord of the repairs in writing and give him the required time to make the repairs. If he fails to do so, your only option is to call the local housing inspector. If all of what you say is true, your place is not fit for human habitation.

Never mind expecting the landlord to make repairs. It would cost thousands to repair the obvious concerns, never  mind what additional issues may be found once things begin to get torn out. You need to move out.

If you follow MO landlord tenant laws, the landlord will be ordered to make the repairs and you will very likely be ordered to vacate per the housing inspector. The landlord cannot hold you to a lease that he, himself, is in breach of.

MO: renter's right to repairs:

The landlord should be responsible for repairs caused by ordinary wear and tear and natural forces such as the weather. Tenants should pay for damages resulting from their own negligence or the negligence of a guest.

If repairs are needed, ask the landlord to make repairs within a reasonable period of time. If repairs are not made, make a written request for the necessary repairs and keep a copy of the letter.

If the repairs still are not made, the tenant may seek legal assistance. If the dwelling becomes unsafe due to the repair problems, the tenant should contact local health or housing authorities.

If a tenant withholds rent payments until repairs are completed, the renter may be in violation of the lease and may be subject to eviction.

Under very limited circumstances, the tenant may make repairs and deduct the cost from rent if the tenant:

Has lived on the property for at least six months.

Has paid all rent owed.

Is not in violation of the lease.

Has notified the landlord of the problem and has allowed at least 14 days for the landlord to respond.

Has, at the landlord's request, received verification from city inspectors that the problem violates city code.

If the landlord still does not fix the code violation within 14 days of receiving the city's notice, then the tenant can proceed with the repairs.

The amount of the repair must be verified by receipts. In most cases, the cost of repair must be less than $300 or one-half month's rent (whichever is greater), and can be done once a year.