Property Manager Neglect Reporting

Summary

In Montana, property managers must maintain habitable conditions. If they neglect repairs, tenants can report them to the Montana Justice Court. Tenants may sue either the property manager or the owner, depending on lease terms. To report neglect, gather evidence and file a complaint. Tenants can hire professionals for mold testing and seek reimbursement. Failure to address repairs violates the implied warranty of habitability and the covenant of quiet enjoyment.

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In the state of Montana how does a property manager go about getting funds for major repairs like a mold issue
Hello ****. In Montana, if a rental property needs major repairs like mold removal:
- The property manager can use the security deposit.
- If the cost exceeds the security deposit, they can ask the property owner.
- In some cases, a tenant might be liable if they caused the mold issue.
Remember, it's important to follow the terms of your lease agreement and local laws.
A project based section * building for the elderly and disabled in Montana was tested by the tenant for mold. The lab results reveled long term deferred maintance as the cause for the mold. The tenant reported the mold before testing and the property manager only wiped the wall with a Clorox wipe. Should the property manager have done more to rectify the problem?
Yes, the property manager should have taken more serious actions to resolve the mold issue. In Montana, property managers have a responsibility to maintain habitable conditions. If the mold issue is a result of long-term deferred maintenance, it falls under the manager's responsibilities. Failure to do so can be a breach of lease terms.
How would you go about telling the Montana justice court about the property managers neglect to mitigate mold?
To report the property manager's neglect to the Montana Justice Court, you can:
- File a complaint in small claims court.
- Make sure to gather all evidence like photos, medical reports, and lab results.
- Seek legal counsel to guide you through the process.
Remember, it's important to follow legal advice and procedures.
Should I sue the property management company or the owner since the property manager neglected to take the mold issue seriously?
In Montana, you may sue either the property manager or the owner, depending on who is responsible for the maintenance. If the lease agreement states the property manager is responsible for maintenance, you may hold them accountable. If the owner is responsible, then you may sue them.
How to you write a statement explaining the Property Manager failed to maintain the premises in a safe, sanitary and decent condition in accordance to Montana laws, building codes and HUD Housing Quality Standards?
To write a statement, you can follow this format:
"I, ****, affirm that the Property Manager of [Property Name] failed to maintain the premises in a safe, sanitary, and decent condition as required by Montana laws, building codes, and HUD Housing Quality Standards. Despite being informed about a mold issue, the Property Manager only took superficial action, neglecting to address the underlying problem. The mold issue, as confirmed by lab results, is a result of long-term deferred maintenance. This failure to take appropriate action has resulted in a breach of our lease agreement and a violation of my rights as a tenant."
how does failure to take appropriate action for repairs violate the tenant's rights?
In Montana, failure to take appropriate action for repairs violates a tenant's rights because:
- It goes against the implied warranty of habitability, which ensures tenants a safe, healthy living environment.
- It contradicts the covenant of quiet enjoyment, which guarantees tenants undisturbed use of the property.
- It may breach the specific terms of the lease agreement.
How does failure to take appropriate action for repairs contradicts the covenant of quiet enjoyment, which guarantees tenants undisturbed use of the property in Montana?
In Montana, the covenant of quiet enjoyment guarantees tenants a right to peacefully enjoy their rental property. If a property manager fails to address necessary repairs, like a mold issue, it can disrupt the tenant's peaceful enjoyment of the property. This constitutes a violation of the covenant.
The Montana Mold discloser the tenants have to sign before moving in, does it mean that after taking possesion of the unit the Tenant is released from hiering a third party to test for mold?
In Montana, signing a mold disclosure form does not necessarily release a tenant from hiring a third-party to test for mold. If the tenant suspects mold presence and the management fails to take appropriate action, they can hire a professional for testing. Always consult your lease agreement and local laws.
Once the tenant has hired a professional for mold testing what are the steps they can take to get the cost of that testing back?
In Montana, to get the cost of mold testing back, the tenant can:
- Document all expenses related to mold testing.
- Request reimbursement from the property manager or landlord in writing.
- If denied, consider filing a lawsuit in small claims court.
- Seek legal counsel for further advice.