Legal Question in Landlord & Tenant Law in Missouri

As a tenant, what are our rights regrading the following issues: Just two weeks after my partner and I moved into our expensive loft apartment we noticed the laminate wood floors in our apartment starting warp. A few days after the warping of the floor started a large area of the floor buckled up exposing the concrete floor underneath; creating a trip hazard in the main pathway of egress from the front of the apartment into the bedroom area. We contacted our landlord as soon as the floor started to warp (it states in our lease to contact the landlord as soon as we notice any damage to the apartment). Two weeks after we notified him (and after continual prodding on our part) the landlord had the original floor installer come take a look. The floor installer noted that the humidity in the apartment was excessive (65% humidity). The landlord made us purchase a dehumidifier and stated that we were not properly running the A/C unit in the apartment. I am a mechanical and electrical engineer that works with A/C units frequently; I believed we were operating the A/C unit properly. I suspected that our air conditioner unit was broken and not removing moisture properly from the apartment. Upon my inspection I noticed standing water, rust buildup and mold in the water catch beneath the A/C unit. We notified the landlord immediately that there was standing water in the apartment due to a suspected faulty A/C unit. After a week he had an A/C repair company come inspect the unit. The unit was beyond repair and the HAVC company recommended a new A/C unit be installed to remove moisture and cool the air in the apartment. It has been several weeks since the initial inspection and our landlord keeps dragging his feet. He keeps having different HVAC companies come out and give quotes to replace the unit. The floors are also still exposed and pose a trip hazard. He notified us that he wants to get the A/C unit replaced before he replace the flooring in the unit. We have kept a thorough record of our communication with our landlord. We believe he is dragging his feet and not taking initiative to replace any of the problems within the apartment. We believe that he is simply collecting our rent with no intention of repairing the maintenance issues anytime soon. We also have a few other maintenance issues that he had acknowledged but refuses to address. Do we have the right to withhold rent? If so, what is that process like? Are we allowed to evict ourselves and not pay him for the remainder of our lease because he is refusing to meet his end of the lease agreement? What are our rights in this situation? We would really like to move out and be done with this absent, out of state landlord.


Asked on 7/21/15, 7:15 am

1 Answer from Attorneys
Anthony Smith LawSmith

Get your own estimated. Than wrote to the landlord to fix the PR blrms within two weeks, or you will have the repairs mafevabd live there rentbfree until the repairs are paid back ( by unpaid rent). This often motivated a lazy landlord. Their attorney will tell them that you can do this. Your estimates will likely be higher thanosy that they have already received.

Good luck

Read more
Answered on 7/21/15, 9:36 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Missouri