If a home was just purchased what can be done if, while preparing to replace the carpet, we found rotted particle board and hardwood flooring and the damage was simply covered up?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a home was just purchased what can be done if, while preparing to replace the carpet, we found rotted particle board and hardwood flooring and the damage was simply covered up?
I have lived in my current home for just over 2 years. Some stuff happened with the previous property managers and the house ended up being bought very recently (I want to say less than a month ago) by my father-in-law. While preparing to replace the carpet, we found rotted particle board and hardwood flooring. Is there anything I might legally be able to do about this?
Asked on October 24, 2015 under Real Estate Law, Montana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you are a rent-paying tenant of your father-in-law, and if (as you seem to indicate) the rot posses a health hazard, your father-in-law, as your landlord, must remediate (repair or replace; clean up) the flooring. The law requires landlords to provide residences that are safe and fit to live in; this is called the "implied warranty of habitability." If he won't do so voluntarily, you could withhold rent to force him to do so (put the withheld rent in a bank account or other safe place; if/when he takes you to court for your nonpayment and you raise the lack of habitability as a defense, the court may ask you to deposit the money). Alternately, if you feel that this is an urgent health hazard, you could affirmatively go and bring a legel action seeking a court order requiring him to make repairs; you can get instructions on what to do/file from your court (e.g. the clerk).
If you are a tenant and this is not a health or safety hazard, he has no obligationt to fix it; he can just carpet over it.
If you are not a tenant, but a guest (allowed to stay there without paying rent) of your father-in-law, you can't force him to make repairs; guests, no matter how long they have been in a place, cannot require the property owner to change or fix anything.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.