Mississippi Rental Home

[LimaHotel]

Four military buddies and I signed a lease for a home is West Point, MS about a month ago, and we are now experiencing problems with the home. Move in date according to the lease is tomorrow July 31st, we were told that on Friday July 25th we could come get the keys and begin the move in process early if we paid rent before moving in. Our deposit of $1,000 and rent checks adding up to $1,300 were paid just as they had asked for. Upon showing up to the house on Friday, we found that the previous tenant had not left the house and the there was still lots to be removed from the house. After texting her she told us instead that we could move get the keys on Saturday. Saturday rolls around and we go to inspect the house and find issues with mold, holes in the drywall, food and dishes in the fridge, a sewage smell caused by a septic tank filter coming unplugged, a broken window, yellow potentially moldy water spots in the ceiling, and bugs everywhere. There is also a deck on the the house that we had originally agreed that we would fix and be reimbursed for with discounted rent and for materials used. The deck is a hazard in that you can fall through and onto a rusted out roof beneath the deck, and the guardrail that prevent a 10ft fall are quite loose and feel ready to break. After notifying the landlady on Monday July 28th that we would like out of the lease for previously described problems, she rushed people over there to get to work on the house. I haven't been able to get back to see if they managed to complete everything, and I will get that done today. The list was a little too long to be completed within the time frame, and we have offered to let them keep the deposit in order to walk away from the situation. The issues now are that the house may still not be move in ready and that we cannot trust the landlord to resolved problems with the property unless we notify her that we would like to leave. Potential ideas I thought of would be to have a city inspect come out and check the place, and to bring medical records indicating I am allergic to mold and cockroaches. Any other ideas? Thanks!

 

[army judge]

Four military buddies and I signed a lease for a home is West Point, MS about a month ago, and we are now experiencing problems with the home. Move in date according to the lease is tomorrow July 31st, we were told that on Friday July 25th we could come get the keys and begin the move in process early if we paid rent before moving in. Our deposit of $1,000 and rent checks adding up to $1,300 were paid just as they had asked for. Upon showing up to the house on Friday, we found that the previous tenant had not left the house and the there was still lots to be removed from the house. After texting her she told us instead that we could move get the keys on Saturday. Saturday rolls around and we go to inspect the house and find issues with mold, holes in the drywall, food and dishes in the fridge, a sewage smell caused by a septic tank filter coming unplugged, a broken window, yellow potentially moldy water spots in the ceiling, and bugs everywhere. There is also a deck on the the house that we had originally agreed that we would fix and be reimbursed for with discounted rent and for materials used. The deck is a hazard in that you can fall through and onto a rusted out roof beneath the deck, and the guardrail that prevent a 10ft fall are quite loose and feel ready to break. After notifying the landlady on Monday July 28th that we would like out of the lease for previously described problems, she rushed people over there to get to work on the house. I haven't been able to get back to see if they managed to complete everything, and I will get that done today. The list was a little too long to be completed within the time frame, and we have offered to let them keep the deposit in order to walk away from the situation. The issues now are that the house may still not be move in ready and that we cannot trust the landlord to resolved problems with the property unless we notify her that we would like to leave. Potential ideas I thought of would be to have a city inspect come out and check the place, and to bring medical records indicating I am allergic to mold and cockroaches. Any other ideas? Thanks!

As active duty military members, you should immediately speak with the agency or person on post or base that oversees off-post or off-base housing rentals.
You will get a faster response, if the landlord decides to work with you.
The remedies in most states take too long, and often end poorly for the renter.

Who is the person or agency you contact?
I suggest you start at what in the Army we called MWR, The IG's Office, or in many cases, the base telephone operator can give you the POC and the person's telephone number.
That person or agency has access to hammers you don't/
Trust me, when I was active duty JAG, I've seen landlords fix stuff within 24 hours if they are contacted by the off-base housing coordinator.
Most landlords don't want to get on the OFF LIMITS LIST.

Try that ASAP, and let me know what happens.
If it fails, I'll tell you what the state of MS offers.
Good luck.

 

[LimaHotel]

I just got in touch with her and the most she could do was get me an agreement for loss of the deposit and 1st months rent. What were those MS laws? Thanks for you rapid response!

 

[army judge]

I just got in touch with her and the most she could do was get me an agreement for loss of the deposit and 1st months rent. What were those MS laws? Thanks for you rapid response!

Just keep working with off-base housing.
That's the easiest, surest shot.

You will have to sue in small claims court.
You might just want to cut your losses.
Before you rent again, make sure EVERYTHING is in proper order.
If you're single, and your base or fort is near some crappy military town, staying in the barracks or billets is always a better option.

Google your county and the phrase: "YOUR COUNTY, MS uninhabitable rental property"



Withholding rent, be very careful with this:


http://www.landlord.com/state-habitability-statutes-by-state.htm






http://www.nolo.com/legal-encyclopedia/mississippi-tenant-rights-repair-deduct.html


http://www.lexisnexis.com/hottopics/mscode/

Mississippi Code §89-8-23, §89-8-13


The landlord must:

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

· Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded, unless the dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of the deliberate or negligent actions of the tenant

Remedy for breach : If the landlord is notified of needed repairs and they are not completed within a reasonable time not to exceed 30 days, tenant may terminate lease. Tenant may also sue for breach of covenant.



Landlord Tenant Relationship Act



Have you discussed this with JAG?