Recent Feedback
I have rented a house for 4 years. The first year was a lease, the rest have been month to month. The landlord refused to do anything on the house, haul off tree limbs after and ice storm, I had to pay to have it done, Fix a leak in the roof. i had one leak patched but couldn't afford anymore, so I turned in my intent to move on the 3rd of August because the 1st and second were on a Sat and Sun, and the office was closed. My landlord now tells me he can also charge me full rent for the month of Sept because I didn't turn in my letter on the 31st. Can he do that, and if he can, what is my recourse for the refusal to fix the leak and haul off the tree limbs? I live in springfield missouri
Optional Information: State/Country of Question: Missouri Already Tried: you are the first.
If you can prove that you made the repairs (your own testimony/affidavit and receipts) and that you gave the landlord notice of the problem, which he/she failed to respond to within a reasonable time, then you can deduct the cost of repairs from your monthly rent. The amount of the repairs must be reasonable and usually can't exceed one or two month's rent. As long as those conditions exist, you can offset the loss of August and/or September rent with the cost of fixing the roof and/or removing the debris.
You will need this offset because the landlord is correct on the timing of notice. The law is thirty days prior to the payment period. So, you would have to give notice before the first of the month in order to not be liable beyond that next month (assuming your rent is due on the first). In other words, the law requires at least one full month's notice.
Still, you have a reasonable offset here. Please let me know, if you have follow-up questions.
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Experience: Attorney and small business owner with 10 years experience in the general practice of law.