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Can I sue my landlord for unsafe living conditions
Anonymous2 views2 answers
When I arrived home yesterday we were told by the maintence crew that due to the complex failing a state inspection, the fire marshall has disconnected the gas for everyone, no to mention my apartment is old everything breaking down, mice everywhere and mold and dust
Im a very clean person, put have no money to just up and move
Sounds like you have a strong case on which you can execute a number of actions, including suing the LL on a contract theory, warranty of habitability theory, maybe under state landlord tenant laws too. See a KC area landlord tenant attorney ASAP--you may be able to recover atty fees, damages, expenses and more.
Missouri does recognize the warranty of habitability in each residential real estate rental situation. You should stop paying rent and move elsewhere temporarily if there is no gas and there are rats. If and once the situation is resolved, you can move back. When paying rent next, deduct your cost of staying elsewhere and, if no cost, deduct a proportionate part of the rent for the period you had to leave.
Send the landlord a certified letter that you are doing this.
If, however, the problem is resolved in just a few days and you do not have to move, simply deduct the proportionate share of the rent.
If the landlord threatens any legal action for the shortage of rent, advise the landlord you will deposit the shortfall in court and fight about it later.
In any event, yes you can sue the landlord for all damages - alternative living arrangements, danger to health, loss of personal property
