What are my options?

[med88]

What is the name of your state? Iowa

Have lived in apartment since May, 2004. I reported a leak that was seaping through the wall in July/August, 2004. Was told the water was coming from a leak on the roof. Supposedly maintenance put a seal around something on the roof. Leak never stopped. Reported AGAIN in November. Maintence man (different one this time) told me it was from a pipe that ran between the walls. Here it is January, 2005 and the leaky pipe is not fixed. The wall is rotten and there is now a hole in it. There is mold growing on the carpet. Both of my children have asthma and are allergic to mold.

There have been three different occasions where water has come into my apartment (twice from broken water pipes in apartment next to mine - LL didn't have electricity on and pipes froze - other time was from broken water heater in apartment above mine). Water was left standing in my apartment (on floor, in carpet). Mold (black) is growing on walls. In one of the bathrooms, it is between the vinyl and the floor (again, black).

And, to make matters worse, one of the tenants is letting their dog do its duty right outside the door... management sent a letter to all of us stating the rent (fees) would go up February 1 if the soiling didn't cease - they stated they didn't know whose dog was doing it so everyone that has a dog will see this increase. (My dog is small and it is obvoius these *things* are coming from a large dog).

I am at my whits end... All of us have been sick - my son has been wheezing more and more. This is supposedly a "nice place to live" - this is not a poor part of town - this is in a newer neighborhood (complex is 14 years old).

Obviously because of all the problems I would like to move especially since my childrens health (and mine) are at risk. But my lease runs through June.

Do I have any rights in this situation? If so, what can I do?

Thank you,
Mary, Kelly and Conor

 

[BL]

Call the health Dept. to inspect regarding the Mold. Call the Build. Inspectors about the Leaks .

Call and Consult a Landlord/tenant attorney about your options. You might be able to use constructive eviction. This means you were forced to move because of severe Health and Safety issues .

 

[HomeGuru]

What is the name of your state? Iowa

Have lived in apartment since May, 2004. I reported a leak that was seaping through the wall in July/August, 2004. Was told the water was coming from a leak on the roof. Supposedly maintenance put a seal around something on the roof. Leak never stopped. Reported AGAIN in November. Maintence man (different one this time) told me it was from a pipe that ran between the walls. Here it is January, 2005 and the leaky pipe is not fixed. The wall is rotten and there is now a hole in it. There is mold growing on the carpet. Both of my children have asthma and are allergic to mold.

There have been three different occasions where water has come into my apartment (twice from broken water pipes in apartment next to mine - LL didn't have electricity on and pipes froze - other time was from broken water heater in apartment above mine). Water was left standing in my apartment (on floor, in carpet). Mold (black) is growing on walls. In one of the bathrooms, it is between the vinyl and the floor (again, black).

And, to make matters worse, one of the tenants is letting their dog do its duty right outside the door... management sent a letter to all of us stating the rent (fees) would go up February 1 if the soiling didn't cease - they stated they didn't know whose dog was doing it so everyone that has a dog will see this increase. (My dog is small and it is obvoius these *things* are coming from a large dog).

I am at my whits end... All of us have been sick - my son has been wheezing more and more. This is supposedly a "nice place to live" - this is not a poor part of town - this is in a newer neighborhood (complex is 14 years old).

Obviously because of all the problems I would like to move especially since my childrens health (and mine) are at risk. But my lease runs through June.

Do I have any rights in this situation? If so, what can I do?

Thank you,
Mary, Kelly and Conor

**A: please let us know exactly how many written letters you have sent to the landlord in accordance with the Iowa L/T law.

 

[med88]

In response to the first reply I received, "constructive eviction" sounds like I did something wrong (the word eviction is what I am referring to..) and I am trying to do this right. What exactly is a "constructive eviction"?

In response to the second reply, I have not sent any letters - I followed the problem notification process the LL provided when I leased the apartment. I am not familiar with the law and did not know I was supposed to write letters - not a problem but what should they state? Should they be sent cerified? Obviously I don't know what I should/can do - that is why I wrote to this forum.

 

[BL]

http://real-estate-law.freeadvice.com/landlord_tenant/constructive_eviction.htm

WHAT IS "CONSTRUCTIVE EVICTION?"
Constructive eviction occurs when residential rental property is an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live in. When residential real property is uninhabitable, it creates a condition under which the tenant has been "constructively evicted"; the facts and circumstances are such that the tenant is unable to have full use and possession of the rental property and thus, in reality, has been "evicted."

To claim constructive eviction, thereby relieving the tenant from the obligation to pay rent to the landlord, the tenant must serve the landlord with written notice of the constructive eviction and provide the landlord with a reasonable amount of time to cure the defects. If the landlord does not correct the defects within a reasonable amount of time, the tenant may then be able to leave the rental property and not be responsible for payment of rent which would have been due under the lease or rental agreement.
----------------------------------------------------------------------
562A.15 Landlord to maintain fit premises.
1. The landlord shall:

a. Comply with the requirements of applicable building and housing codes materially affecting health and safety.

b. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.

c. Keep all common areas of the premises in a clean and safe condition. The landlord shall not be liable for any injury caused by any objects or materials which belong to or which have been placed by a tenant in the common areas of the premises used by the tenant.

d. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord.

e. Provide and maintain appropriate receptacles and conveniences, accessible to all tenants, for the central collection and removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal.

f. Supply running water and reasonable amounts of hot water at all times and reasonable heat, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

If the duty imposed by paragraph "a" of this subsection is greater than a duty imposed by another paragraph of this subsection, the landlord's duty shall be determined by reference to paragraph "a" of this subsection.

2. The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in paragraphs "e" and "f" of subsection 1 and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith.

3. The landlord and tenant of a dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only:

a. If the agreement of the parties is entered into in good faith and is set forth in a separate writing signed by the parties and supported by adequate consideration;

b. If the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

4. The landlord shall not treat performance of the separate agreement described in subsection 3 as a condition to an obligation or performance of a rental agreement.

We don't know what your agreement stated about repairs and what you were required to follow. Normally you should put all your request for repairs in writing to the Landlord Returned Receipt Requested Certified Mail . ( Keeping copies ). This way you have proof and a Paper trail .

This does not stop you from contacting the Building Inspector or Health Department as I advised previously . If these reports show the place has serious health & safety issues ( uninhabitable ) you could use Constructive Eviction as a reason for moving .

 

[HomeGuru]

In response to the second reply, I have not sent any letters - I followed the problem notification process the LL provided when I leased the apartment. I am not familiar with the law and did not know I was supposed to write letters - not a problem but what should they state? Should they be sent cerified? Obviously I don't know what I should/can do - that is why I wrote to this forum.

**A: an obviously you must not have any common sense. If you do not know the law then find the law and read it. The Iowa law requires written notice to L.