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flowermom
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| Joined: | Tue Jul 22nd, 2008 |
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Posted: Wed Jul 23rd, 2008 11:10 pm |
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| Thank you for your response. The night my son arrived it was very late and someone who knew the owner met him with the key and left. He walked in and went through the house. It was so dirty he left and stayed in a hotel. The next morning he met with the owner and told him his concerns and that he had to stay in a hotel. The owner assured him everything was being cleaned and repaired and collected the prorated rent. He understood why my son had to stay in a hotel the first night and did not charge him for that night. The $1000 he had already paid was for the deposit. He has not given him the first months rent yet. A maintenance man came over and tried to clean a little of the mold in the kitchen and one bathtub. My son went to the health department and requested an inspection of the mold and was told they did not provide that service. Today, my son had a mold inspector from a private company come in and test for mold. His recommendation was to not unpack anything and not stay there. The lady from the lab called and said it was very unsafe for children to be in there and it was a very serious problem! My son called the owner's agent and she said just to document everything. Again.....another night in a hotel and the owner refuses to pay for it. My son has taken pictures everyday to show what has not been done. What do suggest his next move to be?
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ozzy92
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| Joined: | Wed May 31st, 2006 |
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Posted: Wed Jul 23rd, 2008 05:19 pm |
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First you should read the laws for Mississippi at the top of this page in legal resources:
http://laws.uslandlord.com/laws/msstatelaw2.html
And get familiar with local laws.
It would be a good idea to consult a local lawyer familiar with landlord/tenant laws in the area. He could call the local government agencies, and ask about getting a health inspection, or help with landlord/tenant issues for additional advice.
Didn't your son do a walk through inspection with the landlord? How did you son get the key? Did the landlord not visit the property to give him the key when they arrived? I'm just curious how he ended up in the property in this condition, and what happened? What was the $1000? Just a deposit? Or first months rent?
By law the landlord is required to maintain the rental in an inhabitable condition. It sounds like it's not inhabitable based on your son's opinion, but this can be hard to prove. He should take pictures and/or video of the problems, and notify the landlord in writing that the house is uninhabitable and requires repairs and/or cleaning, and what he expects to be done. He should also mention that he expects his expenses to be reimbursed for the hotel, etc. This does not mean that the landlord will be required to or agree to reimburse him, but making the demand is a good first step. If he can get a health inspection, and the inspector decides that house is uninhabitable, this would be very good evidence that the landlord may be responsible for his expenses.
Whether or not he can get out of the lease depends on a lot of the above. If there is no termination clause, and a definite end date, he is still responsible for rent and the term of the lease. If there is a termination clause, and he wants to terminate, he should do so, in writing, immediately. He will still be responsible for rent for the notice period. If the landlord fixes the problems in a reasonable time frame, he may still have to accept the lease. He may be able to get reimbursed for expenses. This would depend a lot on what advice a lawyer or the results of a health inspection show as well.
Let us know what happens!
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flowermom
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| Joined: | Tue Jul 22nd, 2008 |
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Posted: Wed Jul 23rd, 2008 02:16 am |
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| My son just moved out of town (Mississippi). Before moving he went to the new town for a day to find a house to rent and found an old 2 story home. Everything had to be handled by phone since he was back here and was working with the owner's agent. She had my son send in a $1000 deposit and sign the lease before his move. She assured him that workers had been cleaning and repairing things all week. When my son and his furniture arrived on Saturday night the house was filthy!!! There was mold growing up the inside of the kitchen cabinets and baseboards, the appliances were sickening with gunk, dead bugs everywhere, it looked like someone had diahrrea in the bathtub. My son immediately left and has stayed in a hotel. His 2 year old daughter has bad allergies and shouldn't be around the mold. The landlord's maintenance man came in the next day and cleaned up some of the mold in the kitchen and one of the bathtubs (and not the worst one). Again, another night in a hotel. My son noticed today that the ceiling is falling in in one of the closets. The landlord now says everything is done that he will do and refuses to pay for the nights in the hotel. My son just wants his money back so he can move on and find another house. Does he have a way out of this mess?
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