Legal Question in Real Estate Law in Missouri
How can one get out of an ''as-is'' lease on ''uninhabitable'' house?
On 4/17/02 my daughter & son-in-law signed a 3yr lease ($450/mo)on a house in Independence which is uninhabitable (no flooring, no wallboard, no furnace, heaved foundation, etc). They made a verbal agreement with the lessor to rent-to-own and fix up the property at their own expense, but there's no such statement in the lease. Thus far they have spent $1400 on building supplies as well as $1090 total for rent and security deposit. They now realize they cannot afford to make these rent payments and fix up the property on their income ($18K/yr). We have since learned that the lessor has been in trouble with the city for basically being a slum-lord and that the property had been condemned by the city previously. They would like to get out of this lease without paying yet more to this individual. They do not have the funds to hire an attorney, so any legal help would have to come from public legal aid services. Any advice or recommendations will be gratefully accepted. Thank you in advance.
1 Answer from Attorneys
Re: How can one get out of an ''as-is'' lease on ''uninhabitable'' house?
This is not the best course of action for them, but if they are poor, it may be there best viable option. Call the Codes adminstration office for Independence, and report the problems that they believe make the property uninhabitable. If it is truly that bad, the codes people will go after the landlord. if the property is again condemned or ordered to be vacated, then they can move out.
However, if as I suspect from your posting, they have waived habitability in their lease, then they may need you to assist with legal fees to avoid having to pay the landlord more money.
Good Luck,
Tony Smith
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