Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I have lived in my apt. years. The neighbors next to

Customer Question
I have lived in my...
I have lived in my apt. for 2 years. The neighbors next to me moved in after, then moved in less than a year. No roaches until they moved. Now my apt. is getting infested, I have copd and an anxiety disorder and am absolutely miserable'. He took the lowest bid for exterminator and they are worse than ever after 4 months. Another lady in another building moved in a year ago and had them immediately. They have been treating her apt. for just over a year. She also has copd.
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 18 minutes by:
7/2/2015
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Landlord-Tenant
Satisfied Customers: 2,983
Experience: Litigation Attorney
Verified
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
General Landlord Duties
1) Make the property habitable (safe and healthy to live in) before you move in and maintain property in a habitable condition while you live there.
2) Make repairs as required by the lease, local, state or federal law.
One way to avoid problems with repairs is to have a written agreement, preferably in your lease. The agreement should state which repairs are the landlord's responsibility and which are the tenant's.
The landlord should be responsible for repairs caused by ordinary wear and tear and natural forces such as the weather. Tenants should pay for damages resulting from their own negligence or the negligence of a guest.
If repairs are needed, ask the landlord to make repairs within a reasonable period of time. If repairs are not made, make a written request for the necessary repairs and keep a copy of the letter.
If the repairs still are not made, the tenant may seek legal assistance. If the dwelling becomes unsafe due to the repair problems, the tenant should contact local health or housing authorities.
If a tenant withholds rent payments until repairs are completed, the renter may be in violation of the lease and may be subject to eviction.
Under very limited circumstances, the tenant may make repairs and deduct the cost from rent if the tenant:
1) Has lived on the property for at least six months.
2) Has paid all rent owed.
3) Is not in violation of the lease.
4) Has notified the landlord of the problem and has allowed at least 14 days for the landlord to respond.
5) Has, at the landlord's request, received verification from city inspectors that the problem violates city code.
If the landlord still does not fix the code violation within 14 days of receiving the city's notice, then the tenant can proceed with the repairs.
The amount of the repair must be verified by receipts. In most cases, the cost of repair must be less than $300 or one-half month's rent (whichever is greater), and can be done once a year.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Missouri law (Mo. Ann. Stat. §§ 441.570, 441.580) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
There are no specific rules regarding roaches but the presence of roaches is a health hazard and should be fixed by the landlord. If the problem is serious enough you might even be able to terminate your lease. These are you remedies under Missouri law.
See link for your rights:
http://www.stlcitycircuitcourt.com/CircuitClerk/LandlordTenantHandbook.pdf
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated.
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
I found all the same information on google. I was hoping for a better definition of the law.
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
This is your answer, what exactly do you want to know? You can withhold rent based on the criteria that I provided in the first answer or your can terminate the lease and sue for any damages in small claims court. If you can get the health inspector out to the premise then possibly you could get the landlord fined if the inspector feels like the maintenance of the apartment is inadequate. This would be more evidence for your claim if you decide to sue in court. These are your remedies under the law. I'm not sure there is much more that can be said. If you feel like this answer is inadequate, I will need more information or if you would like to get advice from another expert, I can opt out and open the question back up.
Ask Your Own Landlord-Tenant Question
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,983
2,983 Satisfied Customers
Experience: Litigation Attorney

Christopher B, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Renter of one side of a San Duplex. Notified months ago of a
Renter of one side of a San Jose Duplex. Notified months ago of a substantial rent increase effective 1/1/18. What are the rent control rules? I am month-to-month… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After ive been evicted what what responsibility does my
After ive been evicted what what responsibility does my landlord have with regards ***** ***** belongings… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I was denied a motion to stay in florida from an eviction -
i was denied a motion to stay in florida from an eviction - i called the clerk and they said that i did not file a legal reason enough to grant my request - … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
I have a tenant moving out owing two months back rent on a
I have a tenant moving out owing two months back rent on a one years lease not completed until 16Dec and refuse to pay back rent what is my bea … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,967 satisfied customers
I have lived in my rental duplex since Jan 15, this year. I
Hi. I have lived in my rental duplex since Jan 15, this year. I have a problem with fire ants showing up in my kitchen, dead and alive. Was treated thru Manager in June, but problem is worse in last t… read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
I live in an RV in a mobile home/rv park. Since the day I
I live in an RV in a mobile home/rv park. Since the day I moved in I was having electrical problems with the panel I plug into on the property I rent. I contacted housing authorities regarding this be… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my.parents own a house and my father said I have to pay
If my.parents own a house and my father said I have to pay the electric bill and I have a room in the house and I help with the yard do I have tenant rights can they just go in and out of my room as t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
I am very concerned so I need a second opinion. I live in
Hi, I am very concerned so I need a second opinion. I live in California. I broke a glass window in my landlord's house that is illegal because it should be safety glass but it's not. The landlord kno… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a bedbug issue in my apartment. I am losing all my
Second opinion] I have a bedbug issue in my apartment. I am losing all my furniture and have two hospitalization with related issues to bedbug bites. Help!!!… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I bought a house in foreclosure in Atlanta, GA in August and
I bought a house in foreclosure in Atlanta, GA in August and finally got the previous tenants/owners out through Writ of Possession last week (it was a default judgment). Because I did not include "an… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,933 satisfied customers
I did a six month lease on this house and two things: there
I did a six month lease on this house and two things: there are lots of stairs and its too hard on my fractured sacrum. My 36 yr old son with his two kids are now here and its a constant battle. I nee… read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
Its California based. Not that I'm aware of there is a new
not that I'm aware of there is a new landlord - it is rent stabilized I'm master tenant and have a subtenant on contract no lease though they cashed my rent for four years so tenant at will have in email communication subletting is ok but now new landlord and new management says no … read more
socrateaser
socrateaser
1,031 satisfied customers
My artist studio is being terminated by the landlord for
My artist studio is being terminated by the landlord for reuse of the space. The lease does not define what my rights are for losing the lease. What are my rights as a tenant? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I recently settled an unlawful detainer case with a
I recently settled an unlawful detainer case with a landlord. We agreed to a settlement amount, which I have already paid in full, and a move out date in exchange for the landlord to permanently seal … read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
My fiancé and I are currently renting an apartment in
Second opinion] My fiancé and I are currently renting an apartment in Johnstown NY and have been living here in this apt for three yrs together.. previously I lived upstairs for eight yrs when I was s… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,686 satisfied customers
Im currently in at month to month Agreement. i gave my 15
im currently in at month to month Agreement . i gave my 15 days notice on the 21 to leave on the 6th. My landlord its stating i will have to pay a full months notice. Is this legal? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
My last question was deferred to another attorney. I haven't
My last question was deferred to another attorney. I haven't received an answer yet. Thank you, Carolyn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
I've located the statute. Thank you. Wisconsin and no I'm
Wisconsin and no I'm trying to determine whether it's worth my time and effort, my son who is 26 in December and another gentleman from India in IT making a salary of $90k; son resided with me for two years, Rakshith just over twomonths … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
204 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x