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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34846
Experience:  16 years real estate, Realtor. Landlord 26 years
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My son rented a place in kansas city lst monday. the guy

Customer Question

my son rented a place in downtown kansas city lst monday. the guy wouldn't come in and do a walk through. he was late, he didn't give proper keys, told him he was in a hurry to just sign the lease, it was pulled off internet andd is of state of michigan. upon entry to the house. there is infestation of roaches, everywhere. he immediately called and the landlord took 4 days to do something. the exterminator said it is so bad that it is going to take 6 months of exterminating to make a dent. the gas guy came to turn on gas and locked it stating he won't do it due to it being improper and will cause house to fill up with carbon monoxide. there is a drain he refuses to fix. this kid gave him cashier's check for 2600 and this guy wants to get lippy, not do anything and he has no idea what to do. help. is he bound. the place is unsafe and uninhabitable
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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The insect infestation and the dangerous furnace would make the property uninhabitable under Missouri law so would give him legal grounds to terminate the lease and vacate. The statutory law requires the landlord to provide premises that are fit and safe for human habitation. If the landlord refused to return his money, he can sue the landlord in small claims court for its return and for any other damages he incurs due to the landlord breaching the implied warranty of habitability inherent in any lease.

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Son would need to take lots of pictures of the place and keep any documentation about the furnace being unsafe to use as proof in his small claims case if the guy won't refund his money. He can also tell the landlord that he will be calling Code Enforcement to come and inspect if he doesn't return his money and they can cite the landlord for everything in the dwelling that is a violation and force him to make repairs or be fined every day after a set deadline..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 1 year ago.
thank you. He is beside himself. i appreciate your help. the guy is threatening to call the cops. i told my son to go ahead and call them and show them all the stuff when they get there.
Expert:  Barrister replied 1 year ago.

You are very welcome.

The landlord sounds like a real piece of work... This is a strictly civil matter so the police can't and won't do anything if either of them calls unless there is a violation of the law, like a breach of the peace.

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So at this point, son's best recourse is to take a bunch of pictures of the place and keep the documentation, probably a red tag, from the gas company and then demand his money back. If the landlord refuses, son should tell him that he is immediately going down to file suit that day and his next call will be to Code Enforcement or the Housing Inspector to schedule a full inspection of the property. If that doesn't scare the landlord into refunding the money, then son needs to do exactly that..

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thanks

Barrister

Customer: replied 1 year ago.
ok . thanks.
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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