How long does a lan lord have to fix a plumbing problem the poses a health hazard and disables the use of water?
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How long does a lan lord have to fix a plumbing problem the poses a health hazard and disables the use of water?
I am renting a 3/2 home. The master bedroom has been flooded with sewage water from the master bath due to a partial clog in the main line. I am unable to use this bathroom and have had to limit water use to very minimum, only a toilet flush and sink for very small amounts. When showering I stop the tub and let it out bits at a time. How long does the land lord have to fix this?
Asked on August 11, 2012 under Real Estate Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 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 state and local housing codes. The sewage flooding the bedroom is a health hazard which constitutes a breach of the implied warranty of habitability. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done, and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs (call a plumber) 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 stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. You can also contact the local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
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