Can I withhold rent due to three failed attempts at fixing my hot water heater?

[celestialwolven]

What is the name of your state (only U.S. law)? Missouri



My hot water heater in my apartment stopped working properly. We were only getting four minutes of hot water before it went cold. Maintenance came and worked on it, but it still didn't work. They came the second time and actually got us a new(er) hot water heater. The new one didn't work either. It was even worse than before. The third time they came, they supposedly fixed the new one. STILL DOESN'T WORK. And now the apartment smells because of all the moisture that leaked into the walls and the carpet when they removed the hot water heater. They were also supposed to clean out the black mold behind it, and they did a crappy job of that, too.

Coupled with every major appliance breaking within the first four months of signing the lease, including the lock on our front door at one point, I have had it up to my eyeballs. This is not acceptable. Can anyone tell me if it is acceptable to refuse to pay rent until things are done properly? I live in the state of Missouri, and I'm unsure what my tenant rights are. Please help me. I don't want to give any more money to these cheapskate tightwads until I get my basic necessities back.

 

[JKBee]

I'm sure that all this gives you the right, and the obligation, to move out immediately. A lease cannot be held against you in conditions like black mold. That is really bad stuff, and in this I mean bad as in not good!

We live in a flood area and mold is always a terrible concern for us. It is one of the first things FEMA advises about after each flood. Can cause serious health problems.

Take pictures of all these problems, especially the mold. Then if the landlord does not give you deposit, rent due for last month, etc, back, you will have proof of these allegations. Without proof no judge will take just your word if you have to sue for deposit, etc.

 

[FarmerJ]

call city /county building inspections!

 

[Alaska landlord]

You didn't give a time scale of the repairs so we have no way of knowing if you have a case or not. Just because you think you saw black mold does not mean it's there. Most mold will turn a dark color with time and age. there are many types and kinds of molds, most are not pathogenic (disease causing) Not all states allow for rent withholding and for those that do, you have to follow proper procedure.

 

[Gail in Georgia]

Attached is an article outlining the tenants rights in your state regarding landlords not addressing repair issues.

Page two describes what you can do in regards to withholding rent:

Landlord-Tenant Law: The rights and responsibilities of landlords and tenants :: General obligations of tenants and landlords.

Gail

 

[Alaska landlord]

Maybe you missed the part where OP posted that the LL IS addressing the issue. True, they have been unsuccessful, but we don’t know how long this has been going on. Has it been a few days or a week or more?

 

[Gail in Georgia]

Nope; didn't miss that part. The tenant wants to withhold rent. Needs to follow specific guidelines to do this in Missouri. Will likely not be successful since management seems to be addressing the issue.

Gail