Workers' Compensation Discussion Forums

Hi Everyone,
I really need some advise here. My daughter and her boyfriend have been renting an apartment in Missoula, MT. When they first moved in the landlord told them that a de-humidifier needed to be on because there was some problems with wet recently. Anyhow. They move in and discover the pipes under the sink leaks..so the landlord sort of fixed it and it started to leak again. Finally he fixed it. Two days ago the apartment next to theirs flooded. The guy who lived there said that the water came from the toilet and he thought from the ceiling...but the apt above had no water issues so he doesn't know how that happened. He was moving out anyhow so he just left a bit earlier and the landlord dealt with the problem. Anyhow when that flood happened some of the water came into my daughter apt in the wardrobe. Then the next morning they found it had spread to the bedroom. So they told the landlord and he went to clean it up, and they stayed with some friends overnight. Next day they get home. He goes to work, she begins to tidy place. Uses the toilet and it overflows. She didn't know how to stop it so she called the landlord. (There was no blockage, was only wee that went down) He tells her how to turn off the water and that he would be over in about an hour. She tries and can't turn off the water, so the next door neighbour comes over and turns it off. The landlord gets there, has to call in some water damage control people to clean up and dry it out. They start and knock down a bit of a wall and find mold growing in there big time. So my daughter and her boyfriend stay in a friends house again. Now the landlord has finally found a motel for them to stay in, I called him and told him he needed to do this, and it is the cheapest nastiest place in town. They are there now. I had to go over and bring my daughter some things because since overnight she has been vomiting a lot and now has shivers etc. She is really ill. Anyhow, the boyfriend tells me that the landlord has told him that he needs to pay for part of the motel bill since my daughter didn't turn off the water soon enough! I told him to call the guy and say no way. And in the meantime to find them a better place to stay in.

The landlord now says it will be some time before the apartment is made livable and has offered them the apartment next door....the one that flooded in the first place two days ago!!!!! I think they have reason to break the lease. And to get their deposit back. My daughter has asthma..so any place with constant leaks is a problem. What does anyone here think? I have been looking into their rights, but thought that maybe someone here can advise. Sorry it is so long winded.

i sure wouldnt stay there in those conditions..and i would also look into renters insurance its pretty inexpensive

Your daughter's apartment is a bad enviroment for someone with asthma.
I do understand her being sick, mold can make a person very sick then add a person with a respiratory system that is already compromised such as a person with asthma.

I do not have the legal answers.

A landlord is required to keep the property habitable. A lease can be broken if that is not happening. In most states, rent can be with held until repairs are made. Once the repairs are made. The with held rent must be paid. Also, most states have a renter/landlord resolution service. I think I would contact the city and see if the propery can be rented out first ( AKA cetificate of occupancy ). Then I would call the city building inspectors office and have a talk with them.

Thanks all,
AQA, that is very useful information. I have looked to see if there was someone they could get legal information from, but so far I have not found too much. My daughter is really ill now. She is coming home tomorrow so that I can look after her. I know that the university has a legal centre for their students about outside housing and I might look into that on Monday. I don't know if the HUD office could be of much help, but they might know who does know. I guess I am just trying to find out as much as I can so that they can feel armed at least with some legal issues to back them up.

I have to admit that I never really like the place that they have anyhow. Always seemed to me that there were problems there. I know that the landlord is really nice, but they still can't live with those conditions. Little things like a window screen never replaced, the bedroom door was taken off before they moved in and has never been replaced. The wrought iron railing for the stairs going down into their apt broke off and has never been replaced. I think the guy is just running out of ways to keep on top of his little investment. Ah well,

I don't know if your city is like mine. In mine there is a phone number 311 that answeres all calls in reference to the city. if not, I would call city hall and take it from there.

PS. I would not mention to them the minor issues. Just the major ones. When they come out to inspect, then I would point out the minor ones as they are leaving (after they have seen the mojor ones). You don't want to look like you/they are just wineing.

Bagpuss...I had a similar situation, not as bad, in the apartment that we had rented. For us, it was the airconditiner was not working. People with MS must have temperature controled weather to prevent an attack.. therefore, my doctor documented that I was having trouble related to heat... I took this too the landlord who then let me break my lease and also gave me back all of my deposit. Also I had documented the day they did a walk though our home and said that yes it was leaking water under the apartment etc and the many cell phone calls made to maintenance about when is it going to be fixed.

Mole can be dangerous and can cause illnesses. I would get my daughter to a doctor and ask him about the mole and tell him what is happening and see if you can get it documented. Also read the least agreement and see if there are any amendments in it that allow the contract to be broken. Good luck. Red

Bag Do not let your daughter go back to this apartment. The mold spores could very likely be what is causing her the health problems. I would get her to a Dr. right away. Have the boyfriend take pics and document everything, he should wear a mask when entering this property, just in case. The landlord must provide safe living for his tenants. Mold can be deadly especially like BK said for someone with breathing problems. I would call the local health office and get them involved. I remember reading a story about a million dollar home, I think in OH, that finally had to be dismantled because the mold problem was so bad that they couldn't stop it and it caused everyone who entered it to become ill. Read her rental greement and see what is says about the landlords responsibilities. I don't want to over react, but I would not enter that apartment or let one of my kids until the Board of health came and inspected it to see exactly what kind of mold spores were present. By the way it was not your daughters responibility to turn the water off that is the responsibility of the landlord.

BAg...I broke a lease and walked out with a check from the owner for my damages. They neglected the roof for a long time....it finally caved in and rained throughout my entire apartment... I had to get out quick but they broke the lease and paid me....

Any rent held in dispute usually must be held in escrow somewhere. You normally just can't refuse to pay. Escrow shows that you have the intent and ability to pay, but are withholding pending dispute resolution.