[disabledmom]

I live in Kansas in a duplex that I have rented for 5 years. In 2004 we moved into the duplex we live in. We signed a year lease, after which we were allowed to go to a month to month basis. In April of 2006, after our ceilings leaking for quite some time, parts of them fell in. At 2:00am after a heavy rainstorm, parts of them fell in along one complete wall through two bedrooms. One part in one room, fell on my daughter, thank heavens she was unhurt badly. However we were all so frightened, to be awakened in this manner. I called my lanlord and finally reached him at 7:30 am. I told him what had happened and he told me he could not come to my home as he neded to take his mother to the doctor. I explained to him that we still had water standing on the floors and sheet rock hanging from the ceilings. I told him that we had been to the hardware and gotten fans and a shopvac to try to keep the oak flooring from warping. He told me to make sure I did that as he did not want them to warp and hung up. He showed up at my house around 1:00pm in the afternoon, he went to his truck and came back in with some kind of a sheetrock saw, as he is a contractor, and cut down the majority of the ceiling that was still hanging. He told me that he would have to fix it when it warmed up completely.

He came to the house twice during the summer and stood on the ground and looked up at the roof, but never fixed it. Our cooling bills were so high due to the celings being open. Winter came and we could not keep the house warm as the ceilings were completely open, so we got space heaters to keep our children warm. On February 6, 2008, we had our rent stolen from our mailbox as my husband is a police officer and he had arrested a young man that retaliated. He stole our bills from the mailbox, including our rent check, cut our tires and tore up our children's bikes. We had no idea the rent had not made it to the lanlord until they called. The lanlords wife asked me about the rent and I told her I sent it as I always had and she told me they had not received it. I advised her that I would send another check immediately, gave her the other check number and told her that I would call in a few days to verify payment had made it. I then asked her about the ceilings and told her how high our bills were. She advised me that if she were me she would just move out and advised me I was a worthless mother for letting my children live there. I advised her that we have to live in town due to my husband's job and my physician being here as I cannot drive. The lanlord then took the phone and said he would get around to it that he has priorities and that my husband is a cop so we needed to be patient.

On March 3, the lanlord came and stood outside looking up at the roof. He then came to my door and said he would fix it when it got warmer. I told him how bad it was leaking in our house when it rained and he said it would do not good to fix the inside with the outside bad and left. On April 3 he came back, he got on the roof at 9:32am and got off the roof at 9:52am. He left. On June 8, the lanlords wife called an said there would be someone coming to spray the duplexes the Monday following. My husband asked her about the roof and she said she would have to ask her husband. We did not hear from them depite calling and leaving messages about having to try to fix the insde ourselves until recently. New tenants moved in to the other said of the duplex in May of this year. They have a young boy and she was pregnant. When we met them I asked if I could look at their side of the duplex to see the ceiling as their wall is just on the other side of the one that streams water on our side and they had a baby on the way and a young son. I brought her to our side of the duplex and she was so shocked. We have mold everywhere and there is nothing I can do but treat it. The next rain we had their ceiling started to bubble. She works for a contractor and she had their roofing team come and look at the roof and called the lanlord. After her contractor looked at the roof she called the lanlord again and left a message that she had someone look at it from her compnay. He came to the duplex that afternoon and said that he would sue us if we had anyone else on that roof. She advised him that the contractor had said he would give her a deal of $7000.00 to fix it. When he was here I took him through the duplex and showed him all the water marks and told him we have had to buy fans to keep everything dry. There is a place in our living room that is falling through the same as the ones in the bedroom. I showed him that we have purchased insulation and put in my children ceilings with large pieces of plastic hoping to keep the weather out. I showed him the water bubbles that puddle in the plastic and the dressers and headboards that the water has ruined. The lanlord said I will bring some tin and tar over tomorrow and fix it. He came three days later and spent twenty minutes putting a piece of tin on the roof and had a bucket of tar that he left up on the roof and has never came back.

I know the answer seems to be to move, but first I am disabled and my doctor is 3 blocks away and I cannot drive. Second my husband is the assistant chief of police her and we must live in town as a stipulation for his job. Third we cannot afford a house due to my illness and rentals are very scarce. We have been unable to find another three bedroom for rent and the two bedrooms we have found are out of our price range. I know it seems cut and dried and I have been todl we are stupid. I am sure that seems to be the answer, but if you could be compassonate and not call me stupid, iwould appreciate any guidance.

[tickle]

Asst. Chief of Police should be an influential position, why can't your husband do something. He is leaving you all day to deal with this in conditions that I can't find words for. Why does your husband let his landlord get away with this. Your furniture is ruined, you haven't even got a roof over your head literally.

I have no idea how landlord/tenant situations are handled where you are but could be you can glean something out of this website. I don't know what else to suggest.

www.hud.gov/local/ks/renting/tenantrights

Tick

[excon]

Hello mom:

I didn't read it all because it's too long. From what I gather, you are living in "un-inhabitable" conditions... I use that word, because it's the legal basis from which you can act.

No matter where you live or what your lease says, you are entitled to a "habitable" residence. If your landlord doesn't supply it for you, HE is in BREACH of your lease and you have to right to seek OTHER lodging at the landlords expense until the matter is taken care of.

You can't do it out of the blue, however... Since I didn't read your thing, I really don't know where in the process your are or, for that matter, WHAT process is EVEN going on, if any.

Write your landlord a letter informing him of your move, the habitability requirement of the law, and your new address. Tell him to let you know when you can move back in. Send your letter certified.

excon

[disabledmom]

I am unsure what the police are allowed to do in any of the areas you are in, however the police have no stronger rights than any other person. Just because he is a police officer, what do you believe he should be able to do? Maybe there are officers that operate outside the law where any of you are from, however here they do not. Officers must follow protocol also and my husband is not allowed to arrest this man because he is a bad lanlord! Police officers are CIVIL servants, what the lanlord is doing to us has nothing to do with him breaking a CIVIL law! The fact remains that because my huband is an officer he is required to handle things in an even more conservative manner than any other person. If he were to start screaming I am the assistant chief of police and you will fix my roof, I get a strong feeling the same people that are putting him down here, would have something to say about just another police officer throwing his badge around! I came here for an answer to a question that we had no idea the answer to, NOT to be treated like an idiot! Thank you for your time.

[tickle]

disabledmom, we in no way were trying to demean you and I am sorry you took it that way. Of course law enforcement where I live, whichis Ontario, can't do any more then your husband can in a domestic situation. Of course I understand that.

I gave you a website to access and I had hoped you could find something there to help you with your situation. Landlord/tenant arrangements in Ontario are a lot more stringent and helpful. This would not happen in Toronto, at least not as severe as you explain, however, there are instances of landlords not keeping up the 'necessities of life' articles such as heat and water and of course there have been problems with some buildings and bedbugs.

I was just thinking that there may be some inroads your husband knows of, associations, etc. that could get this horrible landlord going on providing the proper repairs, although it sounds to me like the building should be demolished. My mental picture of your situation is not pretty.

I do not know of any police in my town 'throwing their badges around', but I do know that there are no places here that come close to what you describe. No one would let that happen to anyone.

I just feel that as long as you have a phone handy, you could keep hammering at someone until something is done.

ms. tickle

[excon]

I came here for an answer to a question that we had no idea the answer to, NOT to be treated like an idiot!! Thank you for your time.

Hello again, mom:

Come on. It WAS a reasonable question to ask. YOU and I know that cops are unable to interfere, but MOST citizens don't... Besides, she gave you good info, and wasn't treating you like an idiot.

YOU, on the other hand, are getting out of line... We can help you here - but not if you piss us off.

excon

[JudyKayTee]

Hello tick:

He IS a cop, no? Maybe he gets doughnuts at works so he isn't too concerned that nobody can cook at home.

excon

Or maybe there's just nothing he can do about it - this is called "blaming the victim."

You don't like Cops - fine, I get it. I don't understand why you would slam the husband to the wife who has come here for advice and perhaps a little bit of compassion.

I can be as tough as anybody but your "Cops eating doughnuts" response is totally unnecessary and cruel.

And then you defend this statement: "I dont know why her husband it letting her spend days like this with kids." Maybe he has no choice.

[JudyKayTee]

I apologize for the harshness of the previous anwers, particularly because you said others have called you stupid and you would like some compassion.

I realize that where you live is convenient in many ways - the best you can do is report that the housing is dangerous, uninhabitable or borderline uninhabitable. Maybe your local Housing Inspector will agree, maybe not.

You can also attempt to withhold the rent pending the repairs but the process to do that varies from State to State. I am not familiar with Kansas law but I will look it up and post it.

Again - I don't know why this thread went the way it did.

[excon]

Or maybe there's just nothing he can do about it - this is called "blaming the victim."

Hello Judy:

Yes, I'm blaming the victim... But, not because he's a cop. But, because he's an OAF of a husband who leaves his disabled wife to handle the HOLE in the ceiling, even though he MUST have a better sense of the law than she does. He MUST have a sense that justice isn't being served. He MUST know how to pick up a telephone or push buttons on the internet machine.. But, apparently, it's not his job.

excon

[JudyKayTee]

Hello Judy:

Yes, I'm blaming the victim... But, not because he's a cop. But, because he's an OAF of a husband who leaves his disabled wife to handle the HOLE in the ceiling, even though he MUST have a better sense of the law than she does. He MUST have a sense that justice isn't being served. He MUST know how to pick up a telephone or push buttons on the internet machine.. But, apparently, it's not his job.

excon

You expressly referred to his "doughnut eating" Cop ways. That's what I'm addressing, not whether he can/should/could do something about the situation.

[disabledmom]

Excon, first, I do not believe I am out of line, by defending my husband and what he does for a living and what he believes in. He believes that because he is an officer that the means he takes to get a problem solved should be even more efficient and legal. As I stated he knows CIVIL law, that is what he enforces, not lanlord tenant law. And as for whether I pi@#^& you off, I cannot understand why I would have by defending him and myself for having no idea where to turn.

Tickle, again I am unsure how my husband can stop the lanlord from what he is doing just because he is an officer but thank you for your website address. However it will not work. I looked to see if I could see where it is to and it looked like HUD so I went there, thank you for the guidance.

JudyKayTee, thank you for your guidance and you help. I am not asking to be coddled just to be guided with decency and for that I thank you. Living here is not a convenience, he is required to live in the city limits for his job. There are very few rentals here as it is a very small town. We do not have other choices. In the five years that we have been here there have been two three bedroom homes/duplex/apartments for rent. In five years two two bedrooms, that are beyond our means. Perhaps I did not explain correctly but regardless thank you for your help, time and effort.

[JudyKayTee]

Please come back and let us know how things work out for you.

In the meantime all the research I have done on withholding rent in Kansas comes back to the same place - Kansas DOES allow rent to be withheld pending repairs BUT it's a tricky subject. All of the sites recommend an Attorney to assist you. I cannot find the exact procedure but it appear that you must use certain forms which you can buy on line - or, of course, which an Attorney can complete for you.

"If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to replace a broken window until a burglary occurs. In these cases, you may decide to implement one of your state's tenant remedies on your own (such as rent withholding or "repair and deduct"), but you may need some coaching on how to do it right. Consulting a lawyer may be your best move. In addition, a lawyer can attempt to communicate with the landlord for you, explore the possibility of a quick settlement, and take the landlord to court, if needed." http://articles.directorym.com/When_...25-Kansas.html

My question is whether you want to do this - you would have a really good chance of being evicted.

The other link which was posted is a link to HUD and does not work for me - of course, you also are not in subsidized or Government housing, correct? HUD does not seem to have any relevancy here but I trust Tickle will come back and explain what she found on that site that is pertinent.

Any thoughts or questions?

[tickle]

This is from HUD:


Bad Landlords in Federal Housing Complaints

- -
Information by State
Esta página en español
Print version



-
Related Information -
- Housing discrimination
- Manufactured housing
- Land sales
- Deceptive contractors
- Fraud, waste, and abuse

Hundreds of landlords have been fined and/or debarred from doing business with the federal government as a result of failing to provide safe and decent housing for the poor, while enriching themselves on taxpayer-funded subsidies.

Tenants have been forced to live in terrible housing, and neighborhoods have suffered from housing eyesores. HUD calls this a double crime--one against tenants as well as taxpayers.

To report a bad landlord to the Multifamily Housing Complaint Line call toll-free1-800-685-8470 / TTY 1-800-432-2209.

This is the only number I could locate. It is worth a try if it means the landlord can be reported to substandard housing in the extreme. If anything, someone at this number can direct the OP to a more satisfactory option when she explains her circumstances.

Tick

[JudyKayTee]

Bad Landlords in Federal Housing Complaints


She's not in Federal Housing.