[CooperMike]

I moved 150 miles to another state for a job I was offered. I rented a house in the same town as the job. I moved in a month and a half ago. Since moving in they have had to cut a hole in the wall to fix plumbing, we have an air conditioner that doesn't work properly (doesn't cool below 83 degrees and NEVER shuts off). But the main problem I am having with my landlord is there is a very strong odor of sewer gas coming from under the house (crawlspace, no basement). The heating and air conditioning guy came out to look at it, said we need a new unit and new duct work but it has to be approved by the landlord. I have 2 small kids aged 3 and 1 and me and my wife have been having terrible headaches the last 2 weeks, doing some research I think it's from the sewer gas. They know about the sewer gas and the other problems including the hole in my wall that has been there a month. I feel I have been duped, I am under lease where it states he is responsible for all repairs. I am moving my kids out because they are complaining about not feeling good and I just don't want them breathing sewer gas, I thought it was just a musty smell but now I realize it is in fact sewer gas. We cannot afford to move and we are freaking out because we don't know what to do. We are not being told anything by anyone and when I call he gets very mad at me. I think I should get a lawyer but not sure. Does anyone know what I should do?? THank you.

[ScottGem]

Getting a lawyer would be a good idea. But before that, you need to get an environment specialist to test the air quality in the house and confirm that the sewer gas is the problem.

You can then move into a motel or something until the landlord fixes the premises. The landlord would be required to foot the bill for the motel, but you might have to sue him to get paid. In the meantime you can withhold your rental depositing it in an escrow account.

[CooperMike]

Thanks Scott, I'll call our county health department and see if they can get someone out here. Also, by law doesn't he have to fix our air conditioning? I have a son with sensitive skin and 83 is not cool enough for him when it's really hot out. He's sent some guys out to look at it, and they all told us that the house is in need of a new unit, the old unit is from 1985. How can I get the landlord to put in a new air conditioning? This is a very uncomfortable situation, any help is appreciated.

[ScottGem]

Well that's a different story. A/C is a luxury not a necessity. If the lease doesn't specify that A/C is included it may not be necessary for him to provide it. On the other hand, if there is Central air, it can be considered part of the unit and should be repaired.

[kanicky73]

Very good advice as always ScottGem!! I agree, I would definetely get a lawyer involved. These types of situations can get really sticky, especially if your dealing with a professional slum lord if you know what I mean.

[CooperMike]

It's June 25th, the plumber still hasnt' been out, the sewer department smoked the lines on the 22nd and the entire crawl space filled with smoke, all he did was tell the landlord to fix it asap. He still hasn't fixed it. I had to move my kids and wife out to her mothers. He sent a guy to repair the hole in the wall but all he did was patch it again with drywall... no plaster or mud yet. Now I have nats and these big green flies in the house. Also the air conditioning guy came out... the 5th different guy he's sent out here. And he's supposed to fix the duct work in the morning, but I was standing right there when he told the landlord it needs a new unit, we have central air and it doesn't work plus I can't use it because the ducts leak and there is raw sewage under my house. I really don't know what to do. I feel like I was lied to, I was told this house was in new condition when I moved in here, now I have had to be apart from my kids and the landlord isn't going to fix anything, I just know it. I'm going to call land of lincoln legal aid tomorrow and try to get some legal advice.

I moved 150 miles, quit my job and relocated my family in hope of a better life... instead I have moved into a nightmare. Talking with the landlord today he even told me this property has been nothing but a nightmare since he bought it. I want to sue this guy but I don't know what I'd sue him for. I just feel like I've been violated and now it looks like I'm going to have to move my family again after just a month and a half in this house. Something I cannot afford to do. Please someone help me figure out what to do here. Thank you.

[CooperMike]

Also, I signed a 1 year lease, but I'm afraid to put my kids in this house. The crawl space has no plastic dew barrier and the landlord says the plumber will spread lime to kill bacteria from the raw sewage. But I don't want my kids in this house again, I'm afraid this is a health hazard. It seems I can't get any help here, the local government is really backwards, this is a southern community and it's not like st louis where I came from... but I just want out of my lease. We were lied to when we signed it. Can I do this? Thanks.

[LisaB4657]

Find yourself a new place to live immediately. Then send a letter to the landlord by certified mail, return receipt requested (and a copy by regular mail) saying that you and your family have been "constructively evicted" from the property due to the landlord's failure to make the property habitable. Then say that you consider the lease terminated and your deposit must be returned in full immediately.

Before you leave make sure you take pictures of the crawl space showing the raw sewage. That will be particularly nice to show to the judge if the landlord tries to sue you for the balance of the lease.

[ScottGem]

Lisa is absolutely right of course. But you also asked about suing the guy. What you can do is sue him for the costs of finding and moving to a new place as well as any costs associated with providing temporary quarters for your family.

[CooperMike]

Thanks for the advice guys, funny thing... today a plumbing crew, a AC guy and a drywall guy all showed up at the same time and busted their butts today, replacing all the rotten pipes with new PVC and the ac guy ripped out the duct work that was so rotten there was no bottom whatsoever and the hole in my closet is fixed and the paint is drying at this moment. I also worked out a deal with the landlord and he actually handed me some cash to give me a nice discount on the upcoming rent. We love the house and I don't think the landlord was completely at fault, he should have had it thoroughly inspected but he didn't... but I know now he did not know about all these problems. I blame the property manager for not stressing the severity of our situation. I feel like this issue is resolved to my satisfaction and we plan on staying and living a normal life. It's a crazy world and sometimes when things seem so bad like there is no hope something comes along and makes things better. Thanks again guys, take care.

[LisaB4657]

Congratulations! I'm glad it worked out to your satisfaction. :)