If I sent an email to my landlord 2 months ago about water and other issues in my apartment but no one has attempt to make repairs, is it illegal to withold rent?
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If I sent an email to my landlord 2 months ago about water and other issues in my apartment but no one has attempt to make repairs, is it illegal to withold rent?
At least until these issues are resolved?
Asked on December 30, 2012 under Real Estate Law, South Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 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. When there is a breach of the implied warranty of habitability such as problems with the water in your case, 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 (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 your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
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