What are my rights if I have a lease for a condo and have withheld rent due to severe water damage and many other safety issues?
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What are my rights if I have a lease for a condo and have withheld rent due to severe water damage and many other safety issues?
I live in a condo I lease and over a year ago my condo suffered severe water damage from the attic all the way to the first floor. Damaging interior walls, ceilings, carpets and even subfloors. Landlord was notified immediately. my condo being nearly uninhabitable and he took no action. I then noticed black growth on the 2×4 wood inside the interior wall. Sent pics to the landlord who replied its impossible for that to be mold. My landlord has since changed hands and still not addressing the problems. I have since withheld rent and received a notice to quit. What do I do now?
Asked on February 16, 2012 under Real Estate Law, Massachusetts
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under these circumstances, you can withhold rent and defend against eviction. It would be advisable to sue the landlord for breach of the implied warranty of habitability. It would also be advisable to contact a landlord/tenant attorney and preferably one who represents tenants.
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 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 remedies: 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. The mold is a health issue and constitutes a breach of the implied warranty of habitability. You also mentioned safety issues, which may also constitute breaches of the implied warranty of habitability.
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