Owner refuses to repair, agency said we have to move, what are our rights?

[jplaw0821]

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

We rented a home through a rental agency. There are a ton of repairs that need to be done, some noted on move in inspection. Front door is rotted and not secure, bedroom window rotted and screwed shut in son's room, tree limbs hanging and laying all over property from ice storm, mailbox broken off post, tiles falling out of wall around faucet in bathtub, etc..; sent a 14 day letter to agency and they called and stated that home owner refuses to make repairs and the agency is dropping the homeowners (wont work with them anymore). She stated they can move us into a different property they have listed and just transfer the deposit, etc. My question is, isn't this a breach of the lease and will they be liable for covering moving costs? The owners are being sued by Sherwin Williams due to they won't pay for the new carpet replaced upon our move in. Please help.
**Also, it does state in the lease that any repairs other than drips in faucets, light bulbs or problems due to tenant neglect will be repaired. And also, we just moved in on February 1, 2009**

 

[TigerD]

The rental agency is trying to take care of you.

 

[jplaw0821]

Re:

Oh, I know they are trying to take care of us and I am glad. I am just concerned because we have only been here a month and are still paying off deposits, etc from moving in and now we have to move again. I can not afford to pay all of the moving expenses twice within two months right now. So even though they are taking care of us, I was asking if they should be covering that cost since it wasn't our decision to up and move, just due to the situation, we have no choice.

 

[Alaska landlord]

You can take a stance and fight for your tenant rights, or you can do the sensible thing and work with the agency who is trying to set things right for you. Your choice.

 

[jplaw0821]

Re:

I didn't come on here and ask for help so I could be told I am not being sensible. I was simply asking if they had to cover the costs and I am pretty sure they are being so nice simply because they know that this is a breach of contract. I do not deal with confrontation and I am not a mean person, I actually tend to get walked on; however, I do not like to be disrespected either. The lease was with the agency, not the owner; therefore that is an answer within itself. I have two children to take care of and am not going to just throw my budgeted money out the window because I have a homeowner that is not withholding their end of the lease and because someone is being "nice" enough to move us and uproot my children from one home to another. I am trying to stay positive and make the best of the situation and was simply asking what my rights were with this. Not asking to be told I was not sensible because I didn't think it was right we have to pay hundreds of dollars out of our pockets when we shouldn't have to.

 

[Alaska landlord]

Then, you should stay, clean and repair what you can at your own expense.

 

[MIRAKALES]

The first rule of thumb is that the premises should be in good working condition (no need for repairs) at move-in. To knowingly rent a premise that is uninhabitable is illegal. To knowingly move-in to a premise that is habitable but in need of repair is accepting “as-is” conditions. With that said, the premises described were habitable at the time of move-in and the items described worked but were not in the best condition. Tenant had the option before move-in to request repairs prior to move-in or to locate a better-kept rental. Leasing agency and LL are legally obligated to ensure that rentals are habitable. LL may be aware of the premise conditions but may disagree that repair is necessary in accordance with the standards of the law.

Kentucky state laws will confirm whether a rotted front door or window, broken mailbox, missing bathtub tiles, etc. are considered issues of habitability. Every state has their own standards for habitability but the majority of state laws focus of electric, gas, water and other utility issues or hazardous property conditions. The items described do not seem to raise issues of habitability.
Kentucky Landlord Tenant Guide

 

[jplaw0821]

Re

But we can't. I know that typically there are options for that. However, the agency stated that we "have" to move because they are dropping the owners and will no longer rent for them because of the situation and that is why they offered to move us into another one of their homes. We love our home and so do our kids and my son just started a new school here. If there was an option to stay, we would. But because of the lengthy repairs needed that can not be put off, the fact that the owners will not approve them and haven't paid for any other repairs that have already been done and will not respond to corispondences from the agency, they are requiring that we move. It wasn't as easy as go or stay, we dont have a choice in the matter.

 

[jplaw0821]

Re

Thank you Mirakales,

I understand what you are saying, some of the repairs to me are not major and I did state to them that they should be fixed but that the major repairs need done asap. The main concern with the door, tiles and window are as such (also stated by maintenance and documented on repair write up)

Door-Rotted out, lock will not stay attached to the door because the screws will not stay in the door because it is too rotted out, and the lock is missing screws as well. they have tightened it and one day later....same condition, this is the front access door to the home)

Trees from ice storm- there is a Large branch and small branch broken from the tree and sitting on the roof of the house and hanging from trees in the yard and in the yard (this can be seen as a safety hazard)

tiles- the tiles are literally falling off the wall around where the faucet is in the tub leaving huge holds in the wall where water can get into them and cause further problems

window- if the window is screwed shut this can cause a fire hazard heaven forbid something like that would happen leaving my son no way out of the home. you cant take the screw out because the window flies open (old style window that opens like a door)

okay, hope that helps to understand a little bit more or makes me sound more whiney. But, we are paying a HIGH amount of rent and expect the home to be safe and it really worries me.

 

[Cvillecpm]

Move to the house the agency offers you. You should NOT have moved into the home in such disrepair.

 

[Alaska landlord]

We love our home and so do our kids and my son just started a new school here.

There are a ton of repairs that need to be done, some noted on move in inspection. Front door is rotted and not secure, bedroom window rotted and screwed shut in son's room, tree limbs hanging and laying all over property from ice storm, mailbox broken off post, tiles falling out of wall around faucet in bathtub,*

Well, I'm convinced.

If there was an option to stay, we would' But because of the lengthy repairs needed that can not be put off, the fact that the owners will not approve them and haven't paid for any other repairs that have already been done

That too makes perfect sense. If you decide to stay I can predict this will be a harmonious landlord tenant relationship.

It wasn't as easy as go or stay, we dont have a choice in the matter

I think its pretty obvious what your choice should be, but then again;

I didn't come on here and ask for help so I could be told I am not being sensible. I was simply asking if they had to cover the costs and I am pretty sure they are being so nice simply because they know that this is a breach of contract.*

This is a simple matter of take it or leave it. The agency is willing to rectify things. If you choose to stay, your negotiations will be with the landlord. A person who already has demonstrated his willingness to ignore requests for repairs.

 

[jplaw0821]

Re:

I wasn't saying that I would stay and deal with the landlord. I was implying that if the option to stay were available I would. however; with the situation I do not think that staying is an option at all. I simply meant I wish the situation was never an issue, period.
I would not have moved into the home knowing that there were all of these problems. When we moved in the tiles were cracked but not falling out..I don't know if someone temporarily mended them and the water caused...well I just don't know accept that now they are falling out and apart. We always came in through the side door and didn't know the door was rotted until maintenance came to repair the ceiling fan after we moved in and I had him look at it.
The window problem didn't occur until we had a horrible wind/rain storm and I came home to find his bedroom window blown open against the house and I had to hold it closed until maintenance got there and screwed it shut.
I am new to the rental world, have always owned my own home so I just wanted some feedback as to what to do.
Also...so everyone knows, I am EXTREMELY grateful that the agency is trying to relocate us to a different home, I never meant to come across that I wasn't appreciative of that. I was simply concerned because I can not afford to put all the money into moving twice in such a short time frame and wasn't planning on the move. I got hit with all of this on Friday so am just trying to get all of my ducks in a row before we take care of everything tomorrow.
Also, in response to your quoted line "we love our home" aside from the repairs, it is a gorgeous home with the room and yard my kids need..I wasn't contridicting myself, was simply stating that we felt at home here aside from all of the repairs so it is a shame that the landlord isn't willing to repair the home.

 

[Who's Liable?]

I wasn't saying that I would stay and deal with the landlord. I was implying that if the option to stay were available I would. however; with the situation I do not think that staying is an option at all. I simply meant I wish the situation was never an issue, period.
I would not have moved into the home knowing that there were all of these problems. When we moved in the tiles were cracked but not falling out..I don't know if someone temporarily mended them and the water caused...well I just don't know accept that now they are falling out and apart. We always came in through the side door and didn't know the door was rotted until maintenance came to repair the ceiling fan after we moved in and I had him look at it.
The window problem didn't occur until we had a horrible wind/rain storm and I came home to find his bedroom window blown open against the house and I had to hold it closed until maintenance got there and screwed it shut.
I am new to the rental world, have always owned my own home so I just wanted some feedback as to what to do.
Also...so everyone knows, I am EXTREMELY grateful that the agency is trying to relocate us to a different home, I never meant to come across that I wasn't appreciative of that. I was simply concerned because I can not afford to put all the money into moving twice in such a short time frame and wasn't planning on the move. I got hit with all of this on Friday so am just trying to get all of my ducks in a row before we take care of everything tomorrow.
Also, in response to your quoted line "we love our home" aside from the repairs, it is a gorgeous home with the room and yard my kids need..I wasn't contridicting myself, was simply stating that we felt at home here aside from all of the repairs so it is a shame that the landlord isn't willing to repair the home.

Nevermind them... You are correct in your assumption...

You need to double check with your management company if moving out will violate your lease. While they may be trying to look out in your best interest, sometime they give bad advice which tenants blindly follow. You will need to read your lease to determine if moving will violate your lease terms. Remember, the management company works for LANDLORD, NOT YOU!

Request a lease release form from the management that has the owners signature. If they do NOT provide this, you are NOT released from your lease!

 

[Alaska landlord]

Nevermind them... You are correct in your assumption...

Uhh... what assumption would that be?

Also, with regards to the leasing company, Cville may be able to explain it to you in slo-mo.

 

[jplaw0821]

Uhh... what assumption would that be?

Also, with regards to the leasing company, Cville may be able to explain it to you in slo-mo.

What or who is slo-mo??