What to do if I own a condo that has been having water problems in the basement but I lease the unit and the tenant is complaining that I am not fixing the problem quickly enough?
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What to do if I own a condo that has been having water problems in the basement but I lease the unit and the tenant is complaining that I am not fixing the problem quickly enough?
She now says she will “pay her rent to the court in escrow”. What does this mean?
Asked on November 12, 2012 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
IF the water problems impair habitability, or the safely and healthily use the rental space, then you are violating the implied warranty of habitability. You have a legal obligation to fix the problem; if you do not, the tenant may be able to go to court to force you to fix it and/or seek a rent credit or rebate for the time she has been living with the problem, and can deposit the rent with the court (instead of paying it to you) while the court resolves the matter.
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