Are these repairs up to the LL?

[pigpen]

What is the name of your state? Mississippi

I have a 12-month lease for a house with a few problems, but I like the area so I'd rather have them fixed than look for another house, but I wanted to be sure which problems are up to the LL before I start making waves...here is a list:

* there are NO phone jacks in the house--ONE room has a phone wire coming out of a hole in the wall, and the house wiring is so bad with so much static I cant stay online for more than 3 or 4 minutes due to line noise(this is the first time ive been on long enough to post this message and i've been trying for days)

* there are NO modern electrical outlets in any room of the house except for ONE in the bathroom which is so loose it wont hold a plug and so old walmart doesnt carry a replacement(its the kind thats an outlet on top and a horizontal light switch below, which is broken by the way so that the bathroom light never turns off)all other outlets are the old 2-prong style w/out a ground plug so we need adapters to use any outlets...a couple of outlets even have no faceplate and exposed loose wiring

* there are no coaxial cable jacks, but in one wall near the kitchen a cable comes out from a hole in the wall and must run under carpets and furniture to the living room to reach the TV...no other jacks or even cords in other parts of the house.

* the thermostat is so old and faulty that one must push the switch practically to 0 or 100 to get the AC to click and shut off/on...BTW the power bill has been near $200 every month, no doubt because of this...

* bathtub drain has not operated since i've lived here, so taking a shower is more like taking a bath, and takes hours to drain afterward

* the gas stovetop is always scalding hot to the touch (not the burners, the flat white surface in the middle), even when turned off...i'm no expert on gas stoves, but even if its the pilot lights, it doesnt seem you should burn yourself from touching the stove when its turned off...

These problems were all present when i moved in but i did not notice them. I understand some things are not forcibly fixed by the landlord if they were present when the lease was signed but surely not all of these that i've listed...? I've taken pictures of all these things and just wanted to be sure about which ones i could make the LL fix...

Also, the LL is constantly harrassing us about the lawncare, she even came over to complain one day AFTER the lawn had just been cut THAT SAME DAY ("There's still a couple of vines on the fence!") We've also been woken up several times by the LL walking around the front and back yard right in front of our bedroom window to pick rockachaw stickers out of the grass...is that trespassing? the lease does say lawn care is our responsibility but the house is so old and rundown (poor paint job, etc) that we take more than adequate care of the lawn all things considered...

Someone PLEASE HELP (sorry the post was so long, I wanted to be clear)

[FarmerJ]

Phone wiring 1 have you called your phone co to see if they can test the line for you to see if it is there end of it or not . and to get info from phone co to see who owns the wiring in that unit ? If they dropped ownership responsibiltys for the inside wire then Your landlord Must kee that 1 phone outlet in working order. any of the other Mechanical systems Inc things like cover plates , heating ,cooling water and sewer pipes your landlord is responsible for the upkeep of them . 75 ohm coax for TV If there is only 1 and it doesnt reach where you need it too get a extension and add on OR a amplified rabbit ears for the tube . tub drain (mechanical system) Landlord must fix , write your landlord a letter make copy list off the repairs needed after the phone co test the line for you and send letter registered with return recpt , This creates paper trail for you , asking your landlord to make arrangements for those repairs to be completed with in a reasonable time , and see what happens from there .

[pigpen]

thank you so much...ok i've read a little on legal procedure for these matters and i want to make sure im right--

i need to list the requests in writing and request receipt for proof, and then if LL doesnt handle repairs within 45 days i can hire someone to fix it and deduct it from my rent as long as it was the normal price range for the respective repair...right?

thanks again

and if anyone knows about the other parts (LL's right to examine lawn/be on property) thanks in advance

[FarmerJ]

Just Make Sure You Follow Your states laws about fix and deduct and make no errors in doing so and if there is any part of the law you dont understand GET consultation from a local lawyer ,( so you dont end up in housing /eviction court because of a error made re fix & deduct law)

[pigpen]

ok will do...but about the other...does she have a right to hang around in the yard whenever she wants? its kind of annoying, i feel like im hiding from someone...

[abezon]

Unless the written lease reserves for her the right to access your yard, she can't hang out there any more than she can hang out in my yard. Send her a letter pointing this out and asking that she not enter your yard without 24 hours prior written notice. I didn't find any law specifically requiring 24 hours notice, but you could infer such a law from LL's duty to act in good faith. Her constant trespassing interferes with your right of quiet enjoyment to the rented property. There may also be a notice requirement in the lease.


BTW, your repair & deduct remedies are found in MC 89-8-15. Follow them to the letter. Your maximum repair credit is 1 month's rent every 6 months.

[pigpen]

all the lease says about inspections is this:

"Agent or his employees has the right to inspect said premises at any reasonable time."

are you saying since the lease doesnt include details about notice, by writing a letter asking for 24 hrs notice, some sort of LL good faith clause in state code wouldnt necessarily force her, but make her look bad to the court in the future if she didnt? or am i screwed without a notice clause in the lease, and thats something i should have made sure was included before signing?

thanks again

[abezon]

I'd argue that frequent, unannounced inspections constitute harrassment and are not reasonable. Tell her to cease and desist.