All parents want a safe place for their family to call home. But Makayla Phillips and her partner, Mikey Johnson, say that’s not what they have. They have a “substandard apartment.”
Don’t miss
- I’m 49 years old and have nothing saved for retirement — what should I do? Don’t panic. Here are 6 of the easiest ways you can catch up (and fast)
- Robert Kiyosaki warns of a ‘Greater Depression’ coming to the US — with millions of Americans going poor. But he says these 2 ‘easy-money’ assets will bring in ‘great wealth’. How to get in now
- You don’t have to be a millionaire to gain access to this $1B private real estate fund. In fact, you can get started with as little as $10 — here’s how
“I want to be able to cook for my kids. I don’t want to have to worry about where my kids sleep so they don’t get bitten by rats,” Phillips told WATE 6 News in May.
According to the couple, their Bramblewood Townhomes apartment in Knoxville is riddled with problems — no hot water, a dangerous back porch, exposed wiring, a broken fridge, a stove that needs to be replaced, and rats. They shared one video of a rat running inside their children’s bedroom.
They signed a lease in late February for $975 a month and appear to be near breaking point.
The issues keep piling up
The problems started almost immediately after they moved in.
“So the A/C has not worked. We have not had heat or air for the whole time we have been here. They were supposed to be exchanging parts for it, and it’s just been left completely open, wires exposed, and still has not been repaired,” said Johnson.
Phillips said the latest refrigerator put in the home does not work well either and arrived moldy. It doesn’t get cold enough and sometimes leaks, damaging the kitchen floor.
“Everything in [the refrigerator] is bad,” said Phillips. “It will go in and out. We’ve told them multiple times about it … It keeps on going in and out.”
She thinks management simply pulled this replacement refrigerator from among the appliances sitting in the complex’s closed pool area, exposed to the elements. They cleaned off the mold, but some wouldn’t come off.
As for the stove, the couple said maintenance moved it to the middle of the kitchen over a week ago, where it stands unplugged. Maintenance reportedly told them a new one would not be installed until the rat problem was dealt with.
And the rat problem, the couple says, is severe. Johnson pointed out the hole in the wall pest control said was the likely entry point. He also said they were coming in from a gap between the wall and the floor.
“They’re in the whole building really. There’s basically been an infestation,” he said.
Read more: Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan ‘works every single time’ to kill debt, get rich in America — and that ‘anyone’ can do it
The problems don’t end there. There’s no hot water, which suggests the water heater is not working. There’s also a hole in the kitchen ceiling from an old leak that was never properly repaired — just patched with cardboard.
Outside, the porch is structurally unsound.
Johnson tried to brace it with boards, but it remains unstable. “The trusses underneath have completely snapped in half,” he said.
The couple says they’ve even had to stay elsewhere at times to cook meals and avoid the rats.
When WATE 6 News tried to reach the landlord’s office, no one answered and they found the voicemail box full. Landlord Jim McSpadden later told the news station by phone that Phillips and Johnson knew there were problems when they accepted the apartment “as is” and created even more problems themselves.
He also said they recently stopped paying rent. The couple said they asked that repairs be made, but then gave up and withheld May’s rent — but March and April were paid in full.
McSpadden said he plans to begin legal proceedings to evict the family.
Can you withhold rent in Tennessee?
Tennessee’s Uniform Residential Landlord and Tenant Act requires landlords to maintain rental properties in a fit and habitable condition. That includes providing essential services like hot water, heat, electricity, and gas, as well as housing that is structurally sound, meets building codes, and is safe, clean, and free from infestations.
If a landlord fails to provide essential services, tenants do have legal options — but they must follow specific steps to protect themselves. Simply withholding rent without going through the proper channels can lead to eviction.
Here’s what tenants should do instead:
- Document everything: Take photos and videos of unsafe conditions. Keep a record of all maintenance requests and communications with your landlord.
- Send a written notice: Before taking any action, Tennessee law requires tenants to notify the landlord in writing, clearly outlining the issue and giving a reasonable amount of time to fix it (typically 14 days).
- Know your rights: If essential services like hot water or electricity aren’t restored, tenants may pay for the service or repair and deduct the cost from rent, stay in the unit and seek a rent reduction, move out temporarily and stop paying rent until services are restored or recover the cost of alternate housing and possibly attorney’s fees.
- Report it: Unsafe conditions or code violations can be reported to the appropriate authorities. JusticeDirect has state-specific guides for filing a complaint against your landlord. You can also file a complaint with the Better Business Bureau (BBB) if yours is a large landlord.
- Seek legal help: Organizations like Legal Aid of East Tennessee can help tenants navigate these issues and respond to eviction threats. You can consider suing in small claims court as a last resort.
For families like Johnson’s, the burden of unsafe housing only adds to the daily stress of caring for children. But knowing your rights — and following the law — can make the difference between getting ignored and getting results.
What to read next
- Financial aid only funds about 27% of US college expenses — but savvy parents are using this 3-minute move to cover 100% of those costs
- Here are 5 ‘must have’ items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you?
- How much cash do you plan to keep on hand after you retire? Here are 3 of the biggest reasons you’ll need a substantial stash of savings in retirement
- This is how American car dealers use the ‘4-square method’ to make big profits off you — and how you can ensure you pay a fair price for all your vehicle costs
Stay in the know. Join 200,000+ readers and get the best of Moneywise sent straight to your inbox every week for free. Subscribe now.
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.