House Broken Into, Cant stay there

[howamidoing]

What is the name of your state? Missouri
Hello, I am posting this for a friend. She rents a house from her sister and she has a 1 year lease. The lease is not up until March. Well, she is having trouble with her sister not wanting to fix the heat, ect. Well, today the home was broken into and almost everything stolen. She called her sister to tell her that the doors are busted down and can not be closed, obviously.Well, her sister wants to wait on calling the insurance company to come fix it. She cant stay there, with no doors, she has a small child and is 5 months pregnant. So she told her sister she would move out this weekend because there is no way she can stay there. Her sister is going to sue her for the remainder of the lease. I know she has every legal right to do this, but does my friend have any recourse? Could this be considered constructive eviction since the sister refuses to fix the doors and she cannot stay there? Is not fixing the door considered breach of warranty of habitability ( or whatever that is )? Thank you for any help and advice.

 

[ecmst12]

Doors are required. In most northern states, heat is required in winter. You'd have to look up the LL/T laws for your state. But if sister is taking steps to correct the problems, it may not be a valid reason to terminate the lease, sister might just be required to provide alternate accomodations while repairs are taking place. Considering this happened TODAY, can't say that sister is refusing to fix.

 

[howamidoing]

Doors are required. In most northern states, heat is required in winter. You'd have to look up the LL/T laws for your state. But if sister is taking steps to correct the problems, it may not be a valid reason to terminate the lease, sister might just be required to provide alternate accomodations while repairs are taking place. Considering this happened TODAY, can't say that sister is refusing to fix.

Thank you for your comments, her sister said that she will not report it to insurance until Monday and that it would likely be a few weeks until they could come out and that she will not fix it on her own. I was just wondering what her options were in the mean time. Thank you for your help.

 

[BL]

Landlord's Duties
The property must meet building and housing codes.
The property must be livable for the tenant. There must be adequate heat in winter, water, and utility service.
The rent may not be raised or other lease provisions changed without giving the tenant proper notice (generally one month's written notice from the date rent is due unless the lease says otherwise).
Repairing the Property
Generally, you must repair damages that you or your guests have caused to the property. Your landlord must make repairs that are required by local housing and building codes or repairs required by your lease.

If the property is unsafe, unlivable, or in bad repair, you should:

Request in writing that your landlord make the repairs. Send your notice by certified mail so you have proof that the notice was received, and keep a copy.

Call your local housing or building code department. In Kansas City call Neighborhood Preservation at 513-9000. Request an inspection if your landlord does not make the needed repairs.

If the property is unsafe or unsanitary due to major housing code violations and your landlord fails to correct the defects, keep in mind that the City may condemn the property and you will have to move out.

Two other options are available to force a landlord to make necessary repairs. You may be able to make repairs, then deduct the cost from your rent. In some cases you can file a lawsuit against your landlord and pay rent to the Court. You should not attempt to do either, unless you first get the advice of a lawyer to make sure you follow the required procedures. Otherwise, your landlord may try to evict you for failure to pay your rent.

 

[moburkes]

Hon- The insurance adjuster BETTER NOT take a couple of weeks to come out when a house has been broken into. Generally, once the claim is filed, her sister can contact a company to board up the place IMMEDIATELY, and they will wait for the payment from the insurance company. As far as items being stolen-she can only file for reimbursement under HER OWN renter's insurance policy. The house owner's insurance policy will not pay for the belongings of a renter. Also, if she didn't notify them that she is not living in the property, WHO KNOWS what they will even pay for as far as repairs go.

The renter's policy may have even paid for temporary accomodations.

 

[FarmerJ]

Did she file a police report about the break in ? this is a must do item. will help her in a court some day if LL claims tenant did the damage at least a report would be available.

 

[howamidoing]

Yes, the police were there and a report was filed. Well, her sister said she can be out by the first of the month and not try to charge her for the ramainder of the lease. The sister already listed the home for sale or rent today. So, I guess it will all work out. Thank you for your replies. You were all very helpful.