Landlord-Tenant
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Answered in 32 minutes by:
4/9/2020
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 12,472
Experience: Commercial and residential leases in NY & NJ & US
VerifiedHello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.
You have a couple of options. You should first identify the problems that affect the health and safety of you and your daughter. I suggest you have a local building inspector come to inspect your unit to see what code violations exist. If they find violations that will be strong independent evidence of the defects especially the evidence of mold. For mold you need an expert to prove that it is dangerous mold that has to be remedied. Then for the things like the stove, front door lock and leaks you can see if those can be repaired for a month's rent or less. If they can be repaired for a month's rent or less, you can give him written notice that if these specific items are not repaired in a reasonable time you will get them repaired and deduct the cost from the rent. Here is a link to the statute that discusses the right to repair and deduct the cost from the rent.
https://leg.mt.gov/bills/mca/70/24/70-24-406.htm
On the other things you can take them to court to get your damages you have suffered which would include the cost of repairing the items and the amount by which your rent should have been reduced for each month you lived there and had to deal with the problem.
It is against the law for the landlord to retaliate against you for taking any of the actions discussed above. Here is a link to the State Attorney General's website that explains this and other landlord tenant issues.
Also, I'll check back in with you in 2 days on 4/10/2020. I can also answer any additional questions that may arise. Don't worry, there's no additional fee for this follow-up.
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