Dear Monty: We are renting a house with moisture issues. The walls are wet in parts of the house, literally down to the floor where water collects. The basement has a dirt floor and smells dankish and musky. The house has gaps where the walls meet the floor. We also have problems with spiders, gnats and numerous other insects, and now, during the winter season, it is cold and drafty, most likely from all the gaps in the flooring. We don't want to lose our deposit. We are halfway through a one-year lease and don't know what we can do. We are unsure if you can help us, but we don't know what to do or where to go.

Monty's Answer: Without the benefit of viewing the house, the conditions you describe sound as though they could be severe. There is no information about the home's location, if there are children present and other factors that may affect this response. Suppose the water intrusion has produced mold that is a potential health hazard. Water can attract many insects and larger vermin. While your deposit is significant, it cannot be large enough to jeopardize your health and your family.

Here are potential options; there may be more: (1) Stick it out for the balance of the lease term; (2) file a complaint with either the state or the municipality of the house; (3) seek a legal opinion on your risks under the lease if you walk away.

Here are some questions that may impact which option you choose: Have you spoken to the owner about your concerns? Who rented you the home: the owner, or someone else? Are all the utilities functional?

THE STEPS TO TAKE

No. 1: On a computer navigation bar, type "How to find a pro bono lawyer in (your state)." You may be able to get free help from an attorney. Most states offer that help to people in need. Select one and make an appointment to visit the attorney. Take photos or videos that show the problems, including the dirt floor in the basement. Show them this letter and ask for their advice. Send this information to your attorney in an email. No. 2: While waiting for the attorney appointment, go back to your computer and type "How to file a complaint against a landlord in (your state)." Many states have laws that protect tenants from poor landlords. Such information is good to have before you see the attorney.

No. 3: I recommend learning this information and seeing an attorney who can help you decide how to proceed with the owner. The attorney can tell you if the security deposit is at risk if you must file a complaint. The attorney may also have other options I did not mention.

No. 4: It is essential to communicate your concerns to your landlord in writing as it is in the landlord's best interest to fix health issues on their property or conditions that could be considered unsanitary or unsafe. They need a chance to fix the problems. If the landlord stalls or is uncooperative, contact the local health department.

If you file a complaint, include the following: your name, your address, the address of the affected property, the issue and how long it has been going on, copies of communications with the landlord and photographs.

Richard Montgomery is the Founder of PropBox, the first advertising platform to bring home sellers and buyers directly together to negotiate and close the sale online. He offers readers solution choices for their real estate questions. Follow him on Twitter(X) @rmpropbox or DearMonty.com.

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