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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)

Citation
Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Parent Document
Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Jurisdiction
Kentucky (state)
Effective Date
2017-07-21

Other Sections in This Document (49)

Full Text

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Joiner is the natural parent of Charity and Logan, who are both minors. On July 16, 2012, Joiner signed a one-year lease agreement to rent property at 1109 Reut-linger Avenue in Louisville, Kentucky. Tran & P Properties LLC owned the property and was responsible for maintaining the property in a safe and habitable condition, and Bailey Property Management LLC was the rental agent for the property and was responsible for renting and maintaining the property. The lease term began on August 1, 2012, and ended July 31, 2013. The Joiners had housing benefits through Louisville Metro Shelter Plus Care (Shelter Plus). The terms of the lease provided that the amended amount of monthly rent was $885.00; Joiner was to pay $34.00 and Shelter Plus was to pay the remaining balance. However, Tran & P Properties and Bailey Property required Joiner to pay $149.00 per month to make up for the difference between the original rental price of $1,000.00 and the amount Shelter Plus agreed to pay. After moving into the property, the Joiners began to suffer from respiratory conditions. After they discovered mold and leaking water in the property, Joiner notified Tran & P Properties and Bailey Property of the need for repair and remediation. In October 2016, a contractor reported a black mold issue which needed to be addressed through remediation and replacement of materials in those areas affected by the mold. The Joiners alleged that Tran & P Properties and Bailey Property failed to remediate the mold despite requests to do so, and the Joiners continued to have health problems. Environmental testing in March 2013 identified the presence of black mold. Due to their financial situation, the Joiners could not find another place to live, and in late Spring 2013, Joiner was notified by Shelter Plus that he was losing his housing assistance because he had been paying the landlord an amount in excess of the lease amount.