Legal Question in Real Estate Law in Kentucky

Should we be responsible for additional rent

The whole floor in our apt along the wall is soaking wet.We picked up our living room & moved it so they could clean the carpets.That was the last we heard from mgmt.Our carpet stays swamped.1 week ago bugs saturated the outside hall by our front door.We looked along baseboards & tons of the bugs are now inside our home.We told mgmt we wanted a different apt.They said all apts are filled but 1, & it wouldn't be ready for 2 wks,the maint man would be up to rip out the wall.We told them they could not rip out the wall while we are still living here.They are irritated that we won't let them do that,but is it unreasonable to not live in a construction site. The other apt will be ready in 2 wks,but due to new appls the rent will higher.Other apts here cost $550.00.Our apt is the bsmnt apt b/c of that we pay less for this apt $530.00.My new rent will be $585.00.Since we can't reside in it due to their probs can they require us to pay more rent?After 4 mnths we have to pack everything up & move it all again,we have not mentioned the furn that has been ruined or infested.I feel we are paying all the inconveniences from their probs.Is it reasonable to expect a new apt free from bugs,mildew,& mold for the same $$?


Asked on 6/24/02, 4:57 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Should we be responsible for additional rent

This is one time where a lease is beneficial. You are entitled to the enjoyment of the premises leased. The rent should not be raised in this case if you have to move to another apartment since yours is not habitable. The management co may also be on the hook for your moving and resettlement expenses even if you have to go to another company. There may be a possibility of the mgt co having to pay difference in rent. Consult local counsel for appropriate regs, etc for the city in which you live.

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Answered on 6/24/02, 5:31 pm


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