If my landlord won’t make repairs, can I move out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my landlord won’t make repairs, can I move out?
My rentals garage doors were rotting and falling apart. A part fell on my daughter when she opened it. It didn’t hurt her, just a chunk fell on her. I notified my landlord by calling her. She asked me for pictures so I sent them to her. I then notified her in writing. She told me that there was no budget for repairs and to just shut the garage doors and not use them. I looked on-line for info on landlord/tenant laws and I found info saying that I could move if repairs weren’t done. So I notified her that I needed to move due to repairs not being made. She said OK. Now she is making it difficult.
Asked on September 16, 2010 under Real Estate Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Your landlord has a duty to maintain and keep "habitable" that portion of the premises that is covered under the rental agreement. If the garage is part of the rental agreement then it must be maintained much like the rest of the house. If it is in such disrepair that it is dangerous (and it surely sounds so) then it is time for you to take action. You could repair it yourself and deduct the amount but sometimes courts do not look too kindly on that. I would instead suggest that you go down to the court that deals with landlord tenant issues in your area and ask to start a proceeding to deal with the matter and to deposit the money in to court. This will prompt her to find the money in her budget. Or, if you choose, you can consider yourself "constructively evicted" by her failing to make needed repairs and move. Then she may start a proceeding against you for breach of the lease and for the rent. Seek help in your area. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.