What to do about a duplex I have been renting for a month, if they are safety and health issues?
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What to do about a duplex I have been renting for a month, if they are safety and health issues?
They refuse to put in fire alarms and we have mice making nests at the electrical box. There is also water damage and mold in multiple places, including above the lower level drop ceiling, and water damage at another electrical box. We have wasps infesting the siding and squirrels in the attic and in between the upper and lower levels. We have a very unsafe staircase with no railing, and upper stairs that feel as if they will cave one day soon; the old deck that also wobbles. I am at a loss as to what to do or how to proceed. We have never dealt with anything like this before.
Asked on May 6, 2012 under Real Estate Law, Wisconsin
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 local and state housing codes. The health and safety issues you have mentioned constitute breaches of the implied warranty of habitability.
When there is a breach of the implied warranty of habitability, the tenant notifies the landlord 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 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 your local housing code inspector, who can bring an enforcement action against the landlord for the code violations, and compel the landlord to make the necessary repairs.
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