Summary
Loose and bowing wood plank flooring can be considered a safety hazard under the implied warranty of habitability in Missouri. Tenants should document all communications with property management and consider contacting local housing authorities or tenant advocacy groups for assistance. If unresolved, contacting the property owner directly or sending a formal written notice may prompt action. Breaking the lease without repercussions may be possible if the landlord fails to maintain habitable conditions.Full Conversation
Is there a way to send you a photo showing the issue at hand?
I'm sorry, but I can't receive photos. Could you please describe your issue in detail? This way, I can provide the best information to help you.
I'm trying to confirm if the wood plank flooring that is coming loose and bowing would be considered a safety &/or trip hazzard would fall under the "implied warranty of habitability". It is happening through the house. The renter has knee problems and difficulty walking and on occasion must use a wheelchair.
Hey Lesa! The implied warranty of habitability generally includes maintaining safe and livable conditions. Loose and bowing wood plank flooring can be considered a safety and trip hazard, especially for someone with mobility issues.
Questions to understand better:
- Have you notified your landlord about this issue?
- If so, how did they respond?
Its my neighbor friend with the issue. The flooring started doing this right after she moved in. She has informed property management numerous times, with no results.
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Has your neighbor documented all the communications with the property management, including dates and responses (if any)? This information can be crucial if she decides to take further action.
I'm not sure if she has kept documentation of contacts, but I will inform her of the importance of doing that.
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Lesa, it's important that your neighbor documents all communications with the property management. If the property management continues to ignore the issue, your neighbor might consider contacting local housing authorities or legal aid for further assistance.
Would your neighbor like to connect with local lawyers who can better assist with this case?
Local lawyers she can find. Finding one that she can afford, is a different situation. She has contacted legal aid and she does not qualify for assistance. Like many of us, she makes to much for free or low cost legal assistance, but not enough to hire a local lawyer. Is there any resource that specifically mentions flooring issues, like I described, being one of the circumstances that would define the property as "inhabitable"? For example, the Missouri Landlord-Tennant Laws and Regulations. Unfortunately, I haven't found flooring specifically mentioned.
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Lesa, it's unfortunate that your neighbor is in this situation. Missouri's Landlord-Tenant Law doesn't specifically mention flooring, but the "implied warranty of habitability" generally covers safety hazards. Here are some steps she can take:
- Document all communications with property management.
- Contact local housing authorities.
- Look up tenant advocacy groups in Missouri.
Would you like help in finding any specific resources or advocacy groups for her?
Yes, please.
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Alright, Lesa. Here are some resources and steps that might help your neighbor:
- Missouri Attorney General’s Office: They provide resources and can help with tenant-landlord disputes.
- Local Housing Authorities: They can inspect the property and enforce safety standards.
- Missouri Tenants: A tenant rights advocacy group.
Would you need contact details or any specific resource?
Yes plz
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Sure, Lesa. Here are some contact details for the resources mentioned:
~Missouri Attorney General’s Office
Phone: (*) *-*
Website: [Missouri AG](https://ago.mo.gov/home)
~Local Housing Authorities
You can find your local housing authority through the [HUD website](https://www.hud.gov/states/missouri/renting/hawebsites)
~Missouri Tenants
Website: [Missouri Tenants](http://missouritenants.org/)
If you need any more assistance, feel free to ask!
Would this unresolved issue, going on for many months, after numerous times informing the management company, would this be legal just cause to break her lease without repercussions?
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Lesa, in Missouri, tenants may be able to legally break their lease if the landlord fails to maintain the property in a habitable condition. Here are some key points:
- The "implied warranty of habitability" includes safe and livable conditions.
- Persistent safety hazards like loose flooring can be a violation.
- Proper documentation of all communications is crucial.
Has your neighbor considered sending a formal written notice to the landlord? This can sometimes prompt quicker action.
I suggested she do that. Since a property manager is handling this rental property, all failing horribly, should she try to contact the property owner about the current condition of his property prior to moving forward legally?
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Lesa, yes, it's a good idea for your neighbor to contact the property owner directly if the property manager has not resolved the issue. Sometimes, property owners are unaware of the problems and can act more swiftly to address them. Additionally, she should continue documenting all communications.
Would you like more information on how to contact the property owner or any additional resources?
Yes plz
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~Contacting the Property Owner: Steps to Follow
*. Gather Information: Ensure all communications with the property manager are documented.
*. Formal Written Notice: Draft a formal letter outlining the issues and previous attempts to resolve them.
*. Contact Details: If the property manager is unresponsive, obtain the property owner's contact details from public records or local housing authorities.
*. Certified Mail: Send the letter via certified mail for proof of delivery.
If you need further assistance or specific templates for the letter, feel free to ask!
Thank you for your assistance.
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Can you give me a template of a Formal Written Notice?
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Sure Lesa! Here's a template for a Formal Written Notice:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Date]
[Landlord's Name]
[Landlord's Address]
[City, State, ZIP Code]
Subject: Formal Written Notice of Unsafe Flooring Conditions
Dear [Landlord's Name],
I hope this letter finds you well. I am writing to formally notify you of a serious safety concern regarding the flooring in the rental property located at [Property Address]. Since moving in, I have observed that the wood plank flooring is coming loose and bowing throughout the house. This condition poses a significant safety and trip hazard, especially considering my mobility issues which sometimes require the use of a wheelchair.
Despite numerous communications with the property management company, the issue remains unresolved. I have documented all previous attempts to address this problem and the lack of response from the property management. For your reference, I am enclosing copies of these communications.
Under the "implied warranty of habitability" as outlined in Missouri's Landlord-Tenant Law, the landlord is responsible for maintaining safe and habitable conditions in the property. The current state of the flooring fails to meet these standards and poses a risk to my health and safety.
I kindly request that you take immediate action to resolve this issue. Please contact me at your earliest convenience to discuss a plan for repairing the flooring. If the problem is not addressed promptly, I may be forced to consider further action, which may include breaking the lease without repercussions.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
[Your Name]
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Feel free to adjust the details as needed. If you need further assistance, just let me know!
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