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The property manger of the mobile we live in refuses to fix…

Customer Question
The property manger of...

The property manger of the mobile we live in refuses to fix a back door for 1 year, 3 months. The insulation of the back door is coming off inside and out it is a steel door and will not stay closed. The cost of the door would be $500. Also the windows let cold air in around the window itself, wea also have black mold and I have COPD ,the property manger has been informed several times of these problems and has not attempted to proceed with any kind of repairs. Heating in winter is high with the back door and the windows. We had to replace drywall under a whole window section due to black mold. When winterization came to inspect they found more black mold behind a built in oven and found the heat vents not even connected to the heating system but were falling under the mobile home,thence we keep the ground very warm under the mobile home but in the home itself.Thus relating to high heating costs..What can I do> I cannot afford to move and cannot afford the repairs, so what is the property managers obligations at this point

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

It is in Nebraska

Lawyer's Assistant: Has any paperwork been filed?

No none filed, I did however send pictures to her and to the owner early this year, which the manager just called and asked why I was throwing her under the bus!! I told her that we had been asking about fixing the back door since we moved in, she always told us yes it was ordered but it still has not been replaced.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have not paid rent for a couple of months because of this issue, I call tell her what is wrong she says she will get back to me but never does.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Okay thank you I really need help on this , I have a lot of health issues diabetic, high blood pressure, copd, anxiety, depression, I have all the Dr. diagnosis I could show the manager but she has never even come by to see exactly what I speak of. I would like to get this resloved, I cannot afford to move, because of my health.

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 1 hour by:
12/14/2017
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 8,295
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm very sorry to hear about the issues that are stemming from not fixing the back door. It seems like you may have some cause of action here against your landlord, but it's up to you exactly what next steps you'd like to take.

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

What other questions did you have for me today?

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Customer reply replied 2 months ago
Do you have any answers for the mold issue and the heat source as last year we had to substitute using electric heaters our heat bill was over $600 our rent is $575,I asked her if she wanted to pay the heat bill to substantiate for our loss of not being able to pay the rent, no reply from her ever on anything.
Lawyer: Legal Eagle, Lawyer replied 2 months ago

Yes, basically, what you can do is either cancel the agreement and move out, withhold the rent until it is fixed. If it is already fixed, you can deduct the costs from the rent.

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