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CONDEMNATIONS Please note - this document is for informational purposes only, and does not constitute legal advice. If you feel you are in need of legal advice, please contact an attorney. This fact sheet is to assist tenants in buildings that have been condemned. A building can be condemned because of repair problems, a lack of utilities, or other health or safety dangers. If your building has been condemned, you will be notified in the mail or by a condemnation notice being posted on your building. The sign will either say that the building has been condemned, or will say that the building is "unfit for human occupancy." If you suspect your building has been condemned, call your local building inspectors and find out for sure (unfortunately, some disreputable landlords have made their own "condemned" signs just to get tenants to move out). In St. Louis City, call 622-4800 CAN THE LANDLORD MAKE ME MOVE? If your building has been condemned, the landlord will either have to make repairs so that the building meets code and is no longer condemned, or else eventually everyone will have to move out. However, even if the inspector has posted a condemnation sign, your landlord still cannot put your things on the street. Your landlord still must go to court in order to evict you. Your landlord also may not do a "lockout" - where he changes the locks so that you cannot get into your apartment. Lockouts are illegal. The landlord also may not threaten you with physical violence to get you to move out. I DON'T WANT TO MOVE. WHAT CAN I DO? The only option you really have is to try to get the landlord to have repairs made quickly and then have the condemnation rescinded (withdrawn). If you are interested in pursuing this option, you may ask the landlord to look into local organizations that do home improvements, or tax credit options through the local government. REPAIRS THAT YOU MADE If you made repairs to the apartment without the knowledge or consent of the landlord, and then you have to move out because the building was condemned, you will not be able to recover the money that you spent on the repairs. Usually, you cannot sue for the cost of improvements you made to the apartment unless you had an agreement with the landlord that it was okay for you to make those repairs and that the cost of the repairs would be deducted from your rent. If you do have such an agreement with the landlord, make sure you have written documentation of your agreement. SUING AFTER YOU MOVE If you have a lease (more than a month-to-month lease) and must move because the building is condemned, you are entitled to compensation for the loss of the leasehold interest. Keep records and documents that you can use in court: rent receipts, leases, and letters to the landlord. Get copies of the inspection orders and condemnation notice from the city. If possible, take pictures of the repair problems before you move out. Make a list of each repair problem, and when it started. Have a witness go through the apartment with you. Keep receipts for all your expenses from the move: motel, moving van, gas, food, and storage. If your apartment was already condemned when you first moved in, you can sue the landlord and sue for the value of the whole lease. If the problems caused any physical injuries or illnesses, or if they involved lead paint, you should talk to a personal injury lawyer before you file a suit. Start your lawsuit as soon as possible. Go to the courthouse and ask to file a complaint in Civil Court. You can sue for up to $3,000 in Small Claims Court, and you do not need a lawyer. You will need your landlord's name and address. You can get it from the Recorder of Deeds office if you do not know. There is a small filing fee, but you don't have to pay it if you have a low income. Here are some things you can ask for in your Court complaint: A. Security Deposit: If your landlord didn't send the deposit, or a letter of explanation, within 30 days of your move-out, then the law entitles you to double the amount of the deposit. You can also ask for "punitive damages" for the landlord's "bad faith." B. Your rent money: You are entitled to some or all of your rent money back for every month that the landlord knew about the code violations but did not fix them. When rental unit is bad enough to be condemned, then the rent should be reduced to zero. C. Moving costs: You should ask the court for all the extra money that you had to spend because of the condemnation. You will need receipts for every expense as evidence in court. SAMPLE COMPLAINT Here is a sample complaint: January10, 1998 I rented the apartment at 56 Heavenly Lane Apt. #2, St. Louis, Missouri 63101 from Larry Landlord for $300 per month. I moved in on November 1, 1997. On December 15, 1997, the building was condemned because it had no heat, was infested with rats, was missing 3 windows, and had other repair problems. The heat went out on December 7. The windows were gone when I first moved in and the rats were there when I first moved in. Mr. Landlord did not return my security deposit within 30 days, nor did he send me a letter explaining why I did not receive my security deposit. My claim is for the following amounts: Security deposit: $600 Security deposit penalty: $600 Bad faith - punitive damages: $300 Repair problems: November - January: $900 Moving expenses: $432Total: $2832 IF YOU HAVE TO MOVE If you have to move because your building was condemned, contact the following agency: Housing Resource Center (St. Louis City) 771-2273 Housing Resource Center (St. Louis County) 771-3555
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Last modified: May 25, 1999 |
