Yes, it all depends what is meant by 'right'; there is regrettably a difference between what's legally right and what's right, period. (Otherwise instead of hiring a lawyer, we might go to a preacher...) Sounds a messy situation, anyway; hope it gets resolved soon.
That's it exactly! And there's no way one month's rent would cover these repairs! I've had several people tell me that the health department would send out an inspector, but here that service is not provided. I did find out that I can file a claim on her insurance myself. A friend is going to the courthouse tomorrow to look up the information. It's an iffy situation though. Once I pay that rent, we have no funds left to go to a hotel if she gets ugly. I know she will. She basically blamed the whole situation on us today by saying it was obvious that someone took a shower Sunday afternoon, and that's what caused the back up. No one did take a shower Sunday afternoon, but so what it we did? Isn't that what we do in bathrooms? And since when does the time of day matter? The Boyfriend was supposed to come by today to check the humidifier and on the status of the floors--haven't seen him yet.
I have been following this and I have to say I am shocked at how the landlord is treating you....however I have been in your shoes. Twice. I haven't had time to look up MS laws to see what to recommend, but I will tell you that the first time it happened to us we got a friend that was a lawyer to look over the lease and after he determined that our apartment was uninhabitable based on the states laws he wrote a letter to the complex and we moved out literally overnight. They retaliated and our lawyer friend wrote another letter and it was the last we heard from them. The second time we ended up taking our landlord to small claims court and he REALLY didnt want to have a judgement against him (he knew be was in the wrong) so with a ccourt appointed mediator he settled out of court with us. After that we knew we never wanted to rent again. For future reference if I were to ever rent again I would ask if I could do a background check or credit check (depending on if your state requires landlords to do them to you and what the laws are) on your prospective landlord and I would also ask to get references of former tenants or current tenants. Also ask neighbors that live next to the property if they have ever seen or dealt with the landlord and what they are like. There are numerous ways to protect yourself from slum lords. I only learned all these tricks AFTER I had 2 horrid experiences.
Thanks, Minthia. Ws will be renting again simply because wherever we go from here will be temporary. We have an inspector coming out today. If we can get documentation that the house is hazardous, we will try to move out. However, with dh only having 3 1/2 weeks left to work, we'd likely have to store our belongings and stay in a hotel. I would have packed up the kids and left Monday to go stay with my parents, but ds also has a job, two dd's have a local swim meet this weekend (already paid for), and another dd is committed the local production of The Nutcracker (Dec. 22-23). We do have a lawyer friend prepared to write a letter, but I do expect retaliation.
UGHH!!!! Just paid Servpro $125 for what we were told would be a moisture and mold testing. When the guy got here, he said mold testing would be an additional $400. We can't do that. So, I just wasted money I didn't have for useless information. He did say the baseboards and additional flooring should come up, but that doesn't show any hazardous conditions. Looks like we are stuck here.
Are you kidding??? I would be calling the company.. servpro and throw a fit! They told you that you would get mold and moisture testing then didn't do it? I would also call the BBB.
Wow. You just can't catch a break! Aren't there over the counter mold kits? I'm sorry, I just don't see how in 2013 there aren't laws to keep people from being slum lords! This is ridiculous! I'm getting upset over it, I can only imagine how you are feeling!!!
Now our living room floor is buckling up, and we can see water bubbles under it. Obviously, this issue isn't even over yet. Called the Boyfriend since he is the one that seems to deal with us and he said he'd come by after work. He showed up last night at 9pm to reiterate that the flooring left was not wet but just swollen from humidity. I think I'm going to check on having a Pod delivered so we can start getting our stuff out. The temp is in the 70's today, and the smell is getting to the point we feel nauseous.
I kind of lost it today when the Servpro guy left. I hadn't cried up until that point. On a positive note, DH has a job possibility. It is a position that was planned to be added later next year, but the exec is pushing for it to be approved to start in Jan.
Ok so I did some digging for you today and I don't know what you have read over or not but here is a good link about tenant rights in MS. http://www.mslegalservices.org/resource/landlord-tenant-law-in-mississippi If the house is not to code or uninhabitable you can leave without notice: What should the tenant do if the landlord does not repair after 30 days? If the landlord does not repair after 30 days, a tenant may (1) cancel the lease, (2) use the repair and deduct remedy; or (3) bring suit against the landlord in justice court to make the repairs. Warning: If the problem was caused by a tenant or his guest, or if notice was not properly given, a tenant may be in breach of the lease by canceling or using repair and deduct. Notice:No notice is required to terminate a tenancy if the landlord has committed a substantial violation that materially affects health and safety. Repair and deduct: In order to use the repair and deduct remedy, a tenant must be current in rent and must have given the landlord 30 days written notice. The repair cannot total more than one month's rent, and cannot exceed the ordinary and reasonable charge for such a repair. In addition, the repair and deduct remedy can only be used every six months. We suggest that before using this remedy, the tenant obtain two estimates and notify the landlord of the estimates, stating that the landlord should make the repair if he can do it for less. I talked to my friend who is an attorney and he said that if it is sewage that backed up and all they are doing is spraying stuff to stop the growth of mold and placing a humidifier you have every right to cancel your lease and move immediately. If you are having medical issues because of the way they are taking care of it you can break your lease. He said that it sounds like they are taking the cheap route to put a band-aid on a problem that is serious. If it doesn't get taken care of correctly the next tenants will get sick, or be sick the whole time they are living there without knowing why. He said that it would be better to just see the rent money you paid out as gone since you will probably never see any of it back. He recommended finding a new place to live as soon as possible. I know your dh's job situation is up in the air...so that means so is housing...a hotel can get expensive, BUT you can find one that gives monthly rates instead of day to day. At least you would have somewhere to be that is sanitary and not making you sick. Plus I can't imagine having Christmas in your house in its current condition. This kind of stuff really makes me mad!! I am so mad this is happening to you (probably because I have btdt) I am willing to call any government official in MS to get you the help you need! AAAGGGGHHH!!!!! Seriously if you want me to call around and find out how to get you help I will. I have been known in the past to tackle issues like this better than the FBI searching for a a serial killer.
Another quick thought...have you called the city to find out if they are responsible for all sewage backups?
I have read all the rights, and know we have the right to move. We just don't have anywhere to go. I'd also have to ask my parents to foot the bill for the hotel until we could repay them. They would, but I really, really hate to ask. We had the city come out for a sewage inspection back in August. We have a letter from them stating the problem belongs to the homeowner.
I'm really sorry you are having so many issues with this. It really makes me want to cry too, especially this time of year. ((Hugs))
Does this place have a septic tank? what you described sounds like what happens when a septic tank backs up badly. Have you had a lot of rain? This is more than a simple clogged drain. Perhaps a collapsed pipe or a tree has grown through it, but that would not seem to account for the amount of water that backed up suddenly. I think that standing sewerage would "excite" the health department, but then again perhaps not in MS. Wow, just WOW! We lived in an apt one time that had 1.5 baths. The full was upstairs over the kitchen. One time the wax ring gave out and toilet water drained down through the kitchen cabinets. YUCK YUCK. I had to move everything out, and disinfect them with hospital type brown Lysol. I then sponged them down with Lysol daily for several days then let them dry out. Fortunately it was dry and hot out side and the AC helped pull the moisture out of the cabinets. I covered them with contact paper inside and put canned goods only in those. I cannot imagine sewerage in the house and such a slow response time. I have a rental and would have had you guys in a hotel that night. I would have been there myself shopvacing until professionals could arrive. I am so freaked about water problems in a house, that I personally removed the toilets in my rental and replaced the wax seals, the seal between tank and seat, and the flush valves on both toilets and put a new water heater in and replaced a suspicious faucet. I re-caulked all sinks and tub/shower areas and checked all plumbing connections under the cabinets and under the house. At another place one blurp in the bathroom was all that was needed to get me to have the septic tank pumped out. My rental had carpet in a single room and I replaced it because it was old smelly, and I did not want to spend almost as much on cleaning it as putting in a new one. The people who were to ra ent have a kid with asthma and I knew it was the right thing to do. I think your land lord is a slumlord.
This has only gotten worse. Wednesday the living room flooring began to buckle. Apparently, the water that leaked Sunday ran under the walls and flooring into this room as well. When the boyfriend came to check it out, he pulled up a piece of flooring, determined that was the cause, and duct-taped the flooring back down. No clean-up whatsoever. We had Servpro come out and do an inspection. The report indicates that as of Wednesday, baseboards, walls, carpet, and laminate were still damp. It also suggested removing the flooring that she insists will dry out and lay back down. When we told her we would not be staying past the original lease, she was furious and said she couldn't let us do that. Then she said she would be by that night (Thursday) with her boyfriend to look at the damage. She knew we would not be home that evening. We just didn't feel good about that, so I arranged for someone to transport the kids and stayed home. She never showed, and was mad when she found out I was home. We seriously think they may have been planning to do something to make this look like we caused it. We also found out that the high water bills we've had the entire time we lived here are from improperly installed toilets that run constantly. Twice, I asked about the amount and was told it was normal. (Once by the water dept!). For two years we have paid up to triple what our bill should have been! The plumber is coming today to bust up the floor from the kitchen to the bathrooms and replace water lines. He informed me that he has run a camera through lines in this house before (not since we have been here), and there is a known clog. Landlord doesn't know her plumber is a bit loose-lipped! There are no plans that we are aware of to repair water damage, do a proper clean-up, or make our bedroom habitable. Right now, five of us are sharing one bedroom, so I can keep the asthmatics as far from the water damage as possible. We are fortunate that my older girls have two full beds and a large bedroom. With a cot for my youngest, we fit at least comfortably. We shouldn't have to do this for a month though! We've had several bouts of hives, and dd10 has been routinely using her inhaler. I don't really know how we can document that. We did take pics of the hives (as well as all damage). We had a lawyer send a letter reminding the landlord of our right to move out at the end of our lease as well as vacate immediately if we choose. I'm hoping it will scare her enough to do the right thing from here on out.
No, it won't scare her at all. She'll be glad you're out, will fix it with gum and duct tape, and rent it to the next unsuspecting person. And it will start all over. Once you leave, is there anywhere you can put a bad report on her, so that somewhere it's documented about what a lousy landlord she is? That way, when the next person has trouble, it's in writing that she was well aware of the situation, and it might help that tenant hold her accountable.
OH.MY.GOODNESS. I can't even describe what I came home to today... I have pics, but will have to upload them another time. Two foot trench dug through my living room. Concrete dust covering every surface (even my Christmas tree!). The only available bathroom blocked by furniture (Master BR can be accessed by an outside door). Every window and door in the house open (and it's freezing today). One cat was missing (found him). Right now, it is 9 pm. We are all holed up in the Master (my older girls' room) that was at least closed off. We can't turn the heat on because of the dust, so we have a small heater and lots of blankets. If we want in other parts of the house, we have to go outside and through the garage to get in. We have to be up at 6am. I asked the landlord to make sure they were gone by 8.
AND SHE EXPECTS YOU TO TO STAY LIKE THAT!!! NO!!! YOU GET TO A HOTEL, AND SHE WILL PAY THE BILL!!! Oh, this really makes me mad!!!
The plumber might not be doing the right thing cutting up the floor. I have known several people who had to replace all of the plumbing in a slab floor home and it did not require the slab to be mutilated this way. The ones I know about accomplished this by power washing new piping in from a hole in the ground at the base of the slab. The new drain pipe was then beneath the slab and through the footering. They then cut only a small square hole to attach a 90 degree bend to come up throuth the floor. The entire of plumbing in the walls was usually replaced by removing medicine cabinets, or two tiles near the tub faucet. At times it is required to route some items up through the attic spaces and back down into another wall. Perhaps there is inadequate fall from the house to the street for what I have described, and that might also account for part of the problems. I am sorry you are suffering through this. Those cabins are sounding better all the time. Is it possible for you and the kids to visit a relative for a few weeks. This is totally not healthy as you are knowing every minute of every hour. This reminds my of those people on that cruise ship full of .......... a few months back. And that your landlord is now putting pressure on you about you moving out. TOO ..... .... ....... ..... ....... ...... .. . ......... bad. (is there a one letter cuss word)
