I have a rental question concerning maintence and leases See details for full story?

Ok here it is i have an apartment. I have been telling them about the leaks and the boken stair rail. Plus the broken garbage deiposal. The pipes and the moist ceiling. I have told them about these things from the beginning and others when it started to happen. Now there is a good possibility of black mold in the ceilings and i have pictures of it in my cabnents.
I have found a new place and am ready to move in it because with the mold starting to come i am having problems breathing at night and i have an 18 month baby that i keep plus a pregnant girlfreind. So should i just up and leave and fight this later because all of the city inspectors are taking to long to get back in contact with me and legal aid is doing the same. But i need to do something soon before its to late. and the leasing office is somewhat addressing the other issue but that was only after i complained and they lookied at it but thats it. We want to leave but the dont want to let us.

Let me first say I'm not lawyer, whatever I say here is my opinion (based on some facts)

You situation is a serious health hazard and I think you should vacate the premises as soon as possible, especially your girlfriend and your baby. They are both at a higher risk of becoming ill than you do (that doesn't mean you should say there though).

Now on to the legal side of it.
According to the details you have provided. You have a strong case for what is known as constructive eviction. Constructive eviction is one of four known legal arguments for getting out of a lease. To be able to use this argument you have to show that premises has become unlivable as a result of the landlords actions or his failure to act. In others words there has to be a breach in the warranty of habitability.
In your case it appears that there is clearly a breach of the implied warranty of habitability.

To be on the safe side you need to prove:
1) that your landlord is responsible for repairs to the premises (this can generally be found in your lease agreement). If there isn't a written agreement or if it isn't stated in the agreement who is responsible for repairs it is assumed that all repairs to the property are the responsibility of the landlord.
2)That the landlord has failed to perform according to the agreement
3) Show that the land lords failure to perform has made it difficult or impossible for you the tenant to live in the premises (apartment).

I suggest lease termination using the constructive eviction argument. Vacate the premises and the regard the lease as terminated as well as the obligation to pay rent.

As Miss Texas and LilBit suggested you need to document the problems in the apartment. I hope you have proof of your prior complaints as well. If not start now.

Have your lawyer write your landlord. If you can't, write the letter your self, explain your position that due to the current condition of the premises you need to leave. State all the problems with the premises include copies of whatever photos you have showing the problems. Send copies of the letter including photos to 1) the City Health Department 2) the city attorney and keep a copy for yourself.
Make sure the letter is dated and that you include the first time you noticed each of the problems (if possible).

You may also want to send a copy to the Department of Housing and Urban Development. See their website http://www.hud.gov/ they maybe able to help you with your case.

Try this website to find a lawyer who will take your case pro bono.
http://www.abanet.org/legalservices/prob...

Oh try http://www.findlaw.com

Good Luck.

O'Fallie

All of your complaints MUST be in writing and I would suggest you mail it to them as well as the owners certified mail otherwise they can say you haven't said a thing about any of the problems ! Once this is done (be sure to put a date as to when this should be reasonably completed, like 2 weeks) then you have the right to move and they can't do anything about it as it is a health hazard.

take as many pictures as you can (video tape it if you have the resource). keep all documentation you sent to the city inspectors, the rental company, etc. call a local news station and have them put it on TV, you may get faster results... stop paying rent and get out of there. if the rental company tries to sue you then when you go to court you'll have the documentation you need to prove why you left and stopped payment. you may be able to get your deposit back in small claims court. consult a lawyer, you could probably find one that will take your case pro bono.

When you buy a car, you get a warranty that it will work. If you can prove that the car doesn't work, the warranty is broken and you can get your money back; if the car can not be fixed.
When you rent an apartment you get a warranty that the place is fit to live in. If the place in not fit for habitation, the warranty is broken and you can move, if the problems can not be fixed.