How do I get my landlord to do repairs or how do I break my lease?
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How do I get my landlord to do repairs or how do I break my lease?
I signed a 1 year lease and moved into mobile home on 1st of this month. Before moving in, I told my landlord about things that I saw needed fixed. He told me everything would be taken care of before me and my kids moved in. Since I have moved in, only a few things have been repaired, though not very well. I don’t have a house key, stairs in front and back are bad, 8 leaks when it rains, black mold, fridge don’t work and can’t get my gas turned on, just to name a few things. Landlord knows all this and won’t do anything. I can’t even figure out how to get my house inspected for safety or health
Asked on August 29, 2011 Arizona
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 requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When the landlord fails to make the necessary repairs in a reasonable time for the items you have mentioned after the landlord was notified, this constitutes a breach of the implied warranty of habitability. The tenant has the following remedies for a breach of the implied warranty of habitability: 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.
Another alternative is for the tenant to sue the landlord for breach of the implied warranty of habitability. The gas, no key, leaks, mold, refrigerator not working, etc. constitute breaches of the implied warranty of habitability. Most of these items you have mentioned are health and safety issues which breach the implied warranty of habitability.
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