If I have a leak in the wall ofmy bedroom andit has been like that for months, what canI do if it is only getting worse?

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If I have a leak in the wall ofmy bedroom andit has been like that for months, what canI do if it is only getting worse?

Asked on November 30, 2011 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You have several options here. This is due to the fact that very residential lease contains an implied "warranty of habitability". This is a guarantee given to a tenant that they will live in a clean and safe rental (i.e. "habitable" premises). Accordingly, if your landlord fails to perform necessary maintenance and/or repairs, you can either repair the problem and deduct the cost from your rent; withhold your rent until the repairs are done; or terminate your lease and vacate.  

However, before pursuing any of these self-help measures, you should consult directly with an attorney who specializes in landlord-tenant cases.  If you fail to follow proper legal procedures regarding these remedies, you could be in legal trouble.


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