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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have recently moved in to a new apartment (April 1st). Since

Customer Question

I have recently moved in to a new apartment (April 1st). Since I moved in, I have experienced a multitude of maintenance issues. The most recent of which has been a massive plumbing problem that has resulted in the inability to take shower, use toilet, excessive mold and the habitability of the majority of my apartment. I first noticed the plumbing and mold Thursday, May 28th.
There is a clause in my lease that gives landlord the option to fix in reasonable/practical amount of time or to terminate lease. I am expected to pay June's rent June 1st and need to know what I should do. Can I be prorated for the time I can not comfortably inhabit? What is a reasonable/practical amount of time? Do I have legal grounds to break lease?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
I am sorry to learn of this issue. Habitability laws vary by state, as well as the remedies available for tenants - which state is the rental unit located in?
Customer: replied 2 years ago.
Expert:  CalAttorney2 replied 2 years ago.
MISSOURICitationMissouri Rev. Stats. §441.234HighlightsMissouri’s implied warranty of habitability is part of its common law and has not been codified. See the publication linked before for details on the tenant’s right to repairs and to withhold rent. The statutory law requires the landlord to provide premises that are fit and safe for human habitation and, in the event of the failure of the landlord to make necessary repairs, permits a tenant who has resided on the premises for more than six months to make the repair himself, provided the total cost of the repair is not more than $300, and deduct the cost from the rent.Remedy for breachRent withholding under common law or repair and deduct under statute cited.PublicationMissouri Landlord-Tenant LawWhile the above remedies (repair and withholding rights) are those available to you by law, you can also negotiate a lease termination with your landlord - so if this is a remedy you want to explore, I would recommend contacting your local bar association (city or county) and asking for referrals to landlord/tenant mediators who can assist you in resolving this dispute - mediation would permit you the opportunity to discuss resolutions outside of these legal remedies, including a lease termination without further liability to the landlord - but you would want to get this in the form of a settlement agreement (in writing) to ensure that you do not have any further or ongoing liability to the landlord.