Can I withhold rent if my landlord won’t fix a big hole in 3rd floor landing and won’t clean pigeon feces?
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Can I withhold rent if my landlord won’t fix a big hole in 3rd floor landing and won’t clean pigeon feces?
I live on the 3rd floor of an apartment complex. Been living here for over 6 years. There is a big hole (which is getting bigger) on the 3rd floor landing between my apartment and the next apartment. Also there is dried and new pigeon feces all over the place on this 3rd floor landing. If I take the stairs to get to my place (so I don’t encounter the hole and pigeon feces) there is a loose stair, plus a sticky railing (from said pigeon feces). Either way I seem to encounter a problem. Notified landlord multiple times and all I get is “we will take care of it” What do I do?
Asked on April 3, 2011 under Real Estate Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The first thing that you should do is to contact the Health Department. This is a completely unsafe and unsanitary condition. Additionally, every lease contains what is known as an implied "warranty of habitability". It gives a tenant the right to live in a clean and safe premises. Accordingly, if a landlord refuses to make necessary repairs, a tenant may have the right to:
- Repair and Deduct - repair the problem and then charge their landlord for the cost of the repair;
- Terminate the Lease - end their tenancy and vacate the premises; and
- Withhold Rent - refuse to make any further rental payments until the repair is properly made.
First however, you need to consult with a landlord-tenant attorney before pursuing any of these remedies. If you fail to follow the proper legal procedures for any of the above, you could be held financially liable. Contact a tenant's rights organization or a lawyer that specializes in landlord-tenant law. Depending on your income, you could also ask Legal Aid for assistance or the state/county bar association. A local law school clinic might also be of help to you.
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