What to do if my landlord will not make necessary repairs?
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What to do if my landlord will not make necessary repairs?
I’ve been renting my apartment for about 6 months now. The ceiling and toilet in my bathroom leak. I’ve notified my landlord multiply times. Now mold is growing.
Asked on July 27, 2011 Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In every lease there is an implied warranty of habitability which means the landlord must maintain the premises in a habitable condition by complying with local and state housing codes. The conditions you have described (mold, toilet and ceiling leaking) breach the implied warranty of habitability and are health and safety issues. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done. If the landlord does not respond within a reasonable time by making the repairs, the tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant decides to stay on the premises, the tenant can withhold rent and defend against eviction.
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