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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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My daughter and her husband are currently renting a 37 year

Customer Question

My daughter and her husband are currently renting a 37 year old home. The home is approximately less than 2000 square feet. Two bedroom, two bath. I believe their monthly payment is a little over $1000. They've had various structural and property issues with the home. He AC unit had been a constant source of pain. It's too small for the home and is terribly outdated are the insulation and and air ducts as stated by an AC repairman. During the summer months, even with supplemental use of portable fans and covering their windows with blankets, the ambient temperature was never lower than 80 degrees in the day. Their CPS bill ranges between $390 to $410. They've made numerous attempts to have the homeowner repair these problem areas over the past two years but have made no progress. There have also been electrical wiring and plumbing issues which have been hastily repaired.
This is a first time for my daughter and son-in-law have rented a home. They were in a time crunch when they made the decision to rent this home because their lease was up at their very small apartment and my daughter was expecting their first child at any day. They have a two year old daughter who is in daycare and it causes me great concern to see them going through all of these problems. I feel they are being taken advantage of by the home owner. They are at the point to where they are tired of fighting to have these issues fixed.
What prompted me to seek your advice is this; the home has serious outer structural problems that were made known to the homeowner before they moved in and were left in disrepair. There is a moderate sized hole in the outside of the home near the roof which was pointed out to the owner as a site where a small animal could enter. Again, the owner chose not to fix this. Now the ceiling in the garage is starting to collapse. The person who came out to inspect the problem told my daughter that rodents/pests have eaten away at the insulation and cooling vents so the condensation has accumulated causing the damage.
The home owner is having my daughter responsible for the pest control because, as was stated in the rent agreement, they are responsible for this.
My argument against this is that if the owner had attended to and repaired these problems that were initially made known to them in the first place, the rodents would not have been able to enter and cause the damage. I'm concerned as to what other damage might have occurred because of this and whether or not it's still safe for my daughter and her family to live here. Their lease is up in May, 2017.
I don't believe my daughter should have to be responsible for the pest control.
Despite all of the unrepaired issues the owner, some of which the owner chooses not to repair, their rent was increased.
Should they have to pay for the pest control.
Also, is there anything we can do to have the owner compensate my daughter for all of the extra money they've had to pay for CPS due to the poor AC unit and proper insulation and cooling ducts of which many service requisition have been made but never completed?
Your advice would be greatly appreciated.
Respectfully, ***** *****
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  socrateaser replied 10 months ago.


1. Landlord-tenant law is highly dependent on jurisdiction. There is no single law for the entire USA.

2. Once the law of the jurisdiction is determined, the actual lease agreement controls where the law is silent. Unfortunately, I cannot review the lease agreement in this forum, because that is a bona fide legal service, and we would have to take the discussion offline before I could provide competent legal advice.

3. That said, I can give you a general idea of where your daughter stands, once I know where the property is located. If you require more specificity, you can let me know, and I'll send you a premium services offer so that we can discuss the matter further in a confidential setting.

So, in which city, county and state is the property located?

Thanks in advance for using Justanswer!

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