slumlord/dangerous neighbors/need help!!

[ALIGATORTEARS]

Okay, here it goes... My husband and I are currently living in an apartment complex that is falling apart--literally! The wood is all deteriorating-stairs,railings on the 2nd floor,the actual walkway between the railings and the apartment,etc.. all of it is so weakened, that soft spots are emerging that give way when you step there, and the railings are pulling away from both the building and the walkway itself. The outside wall that one set of stairs is built into, has a hole caused by erosion, that allowed water to flood another tenants bathroom. The screen doors are falling off, or have no screens or glass, the hinges on the windows dont catch properly allowing wind to slam them open. Doors to the apartments have large gaps allowing heat to escape, and at times water to leak in. The cement in front of the lower apartments is not only eroding away but slopes intowards the building causing rainwater/snow melting to basically flood those apartments. It gets worse... This "landlord" allows one set of tenants to "rule the roost" . While the male being docile... the female is, well,..not. She only knows the profane language of the worst sort, and proceeds to use it with amazing clarity. Unfortunately, it doesnt matter if you are an adult, or ..yes, a child. She is drunk most of the time or high,(we know she does both) and has threatened everyone in the apartment both verbally, as well as physically. The cops "love" our apartment building and have even joked that they should rent an apartment here, they are called to this address so often. (try every other day) Oh, and the biting dogs that belong to that wonderful woman? Thats another story. We need advise, and if anyone out there is able to further assist us as to what we can do, this whole apartment complex would appreciate it. We are tired, are afraid of being homeless, and admittedly -a little scared. We are all just average working people who are barely able to pay the rent as it is (each apartment by the way has a different amount due and different rental agreements-none are the same across the board). Seriously, we dont know where to go as none of us can afford to move, and yet, this landlord makes few if any improvements to the property, and has allowed the water, gas , electricity to be disconnected on the apartments he pays this for. HELP??????

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ALIGATORTEARS:
Okay, here it goes... My husband and I are currently living in an apartment complex that is falling apart--literally! The wood is all deteriorating-stairs,railings on the 2nd floor,the actual walkway between the railings and the apartment,etc.. all of it is so weakened, that soft spots are emerging that give way when you step there, and the railings are pulling away from both the building and the walkway itself. The outside wall that one set of stairs is built into, has a hole caused by erosion, that allowed water to flood another tenants bathroom. The screen doors are falling off, or have no screens or glass, the hinges on the windows dont catch properly allowing wind to slam them open. Doors to the apartments have large gaps allowing heat to escape, and at times water to leak in. The cement in front of the lower apartments is not only eroding away but slopes intowards the building causing rainwater/snow melting to basically flood those apartments. It gets worse... This "landlord" allows one set of tenants to "rule the roost" . While the male being docile... the female is, well,..not. She only knows the profane language of the worst sort, and proceeds to use it with amazing clarity. Unfortunately, it doesnt matter if you are an adult, or ..yes, a child. She is drunk most of the time or high,(we know she does both) and has threatened everyone in the apartment both verbally, as well as physically. The cops "love" our apartment building and have even joked that they should rent an apartment here, they are called to this address so often. (try every other day) Oh, and the biting dogs that belong to that wonderful woman? Thats another story. We need advise, and if anyone out there is able to further assist us as to what we can do, this whole apartment complex would appreciate it. We are tired, are afraid of being homeless, and admittedly -a little scared. We are all just average working people who are barely able to pay the rent as it is (each apartment by the way has a different amount due and different rental agreements-none are the same across the board). Seriously, we dont know where to go as none of us can afford to move, and yet, this landlord makes few if any improvements to the property, and has allowed the water, gas , electricity to be disconnected on the apartments he pays this for. HELP??????<HR></BLOCKQUOTE>

Contact your State landlord/tenant consumer protection office and the State Legal Aid Office. The landlord needs to be sent in writing an itemized list of violations that need to be corrected by a certain deadline. Maybe the attorney at Legal Aid can represent all the tenants as sort of a class action request. Sometimes things like the area and neighborhood are uncontrollable factors, but property conditions of the landlords direct control should be repaired properly. You may also contact the local building and health dept. and request that separate property inspections be conducted. You have mentioned various conditions that would be in violation of the housing and building codes. If your rental includes all utilities, you certainly have recourse for limitation and temporary shut-off of these required utility services. If you are currently getting housing assistance such as Section 8, contact your worker as the government office would need to know that the landlord is not living up to the terms of your lease.

If you want more ammunition, contact a real estate agent friend to do some research to find out who the owner of record is, the mortgage lender and the insurance company. The send a nice letter informing the owner that certain conditions pose a safety hazard and if and tenant or visitor gets hurt due to these conditions, you will sue for damages. Include nice color photos of each condition and copy the mortgage lender, the insurance company, the Mayors office etc.

 

[Tracey]

Do what HomeGuru says, and follow the procedures outlined in 70-24-406, 407 or 408. When L retaliates, sue the idiot under 431! Mention every unsafe condition that affects your apt: leaks, no locks on windows, dangerous stairs, etc. Don't forget to include the biting dogs -- L has allowed them to stay knowing they are vicious & L will have to pay anyonw who gets bitten. You can also write L & inform him/her that the abusive tenant is violating your right of quiet enjoyment by yelling at people & threatening them verbally & physically. L has to control her or evict her.

Draft up your letter, then get all your follow tenants to send letters of their own at the same time. That way you are all protected under the retaliatory eviction laws. (Any action to get you out within 6 months of filing a complaint is presumed to be retaliatory.)

If L makes no efforts to fix the problems, all tenants can either terminate the agreement & move, or can sue L in court under 70-24-401 & ask the court to allow all tenants to pay their rent to the court until L has fixed all the problems (including evicting the dangerous woman & making the dogs leave). The court will release the rent directly to L's repair people so they get paid. If you chose this option, write back & we'll give you some ideas of what to ask for & how to convince the court to give it to you. (Montana doesn't have a formal 'rent strike' statute, so you'll have to convince the court that a rent strike is an equitable remedy to force L to make repairs.)


Good luck!

70-24-406. Failure of landlord to maintain premises -- tenant's remedies. (1) Except as provided in this chapter, if there is a noncompliance with 70-24-303 affecting health and safety, the tenant may:

(a) deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. If the noncompliance results in a case of emergency and the landlord fails to remedy the situation within 3 working days after written notice by the tenant of the situation and the tenant's intention to terminate the rental agreement, the tenant may terminate the rental agreement. The rental agreement terminates as provided in the notice subject to the following exceptions:
(i) if the breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate by reason of the breach;
(ii) if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within 6 months, the tenant may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement;
(iii) the tenant may not terminate for a condition caused by the tenant, a member of the tenant's family, or other persons on the premises with the tenant's consent.
(b) make repairs that do not cost more than 1 month's rent and deduct the cost from the rent if the tenant has given the landlord notice and the landlord has not made the repairs within a reasonable time. If the repair is required in a case of emergency and the landlord has not made the repairs, the tenant may have repairs made only by a person qualified to make the repairs.
(2) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or 70-24-303.
(3) The remedy provided in subsection (2) of this section is in addition to a right of the tenant arising under subsection (1).
(4) If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant pursuant to chapter 25 of this title.


70-24-407. Damages for minor violations by landlord. If the landlord fails to comply with the rental agreement or 70-24-303 and the reasonable cost of compliance is less than the 1 month's rent, the tenant may recover damages for the breach under 70-24-406(2).

70-24-408. Purposeful or negligent failure to provide essential services -- tenant's remedies. (1) If contrary to the rental agreement or 70-24-303 the landlord purposefully or negligently fails to supply heat, running water, hot water, electric, gas, or other essential services, the tenant may give written notice to the landlord specifying the breach and may:

(a) procure reasonable amounts of heat, hot water, running water, electricity, gas, and other essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;
(b) recover damages based upon the diminution in the fair rental value of the dwelling unit; or
(c) procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.
(2) If the tenant proceeds under this section, he may not proceed under 70-24-406 or 70-24-407 as to that breach.
(3) Rights of the tenant under this section do not arise until he has given notice to the landlord and the landlord has had a reasonable opportunity to correct the conditions or if the conditions were caused by the act or omission of the tenant, a member of his family, or other person on the premises with his consent.

70-24-431. Retaliatory conduct by landlord prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent, decreasing services, or by bringing or threatening to bring an action for possession after the tenant: ***



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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.