What to do ifmy landlord is not maintaining the rental property ina timely manner?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do ifmy landlord is not maintaining the rental property ina timely manner?
When we moved in 2 months ago, we were of the understanding that there were repairs needed on the house, and that they would be done as we moved in. Yet the smashed window is yet to be fixed, the bath-tub is still out of use, the lighting has not been fixed so there is no lights in the main bedroom (it was agreed to be fixed). I now suspect a huge termite infestation in the house. This is among many others things that are falling apart in the house which was not apparent before we moved in. How do I make them do their job, or terminate the lease? We are 2 months into a 12 month lease.
Asked on July 25, 2011 California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The fact is that every lease contains something called the "implied warranty of habitability". Basically, this is a guarantee that the tenant will have a clean and safe premises in which to live. This in turn means that if a rental is not clean and safe (i.e. habitable), a tenant has certain rights. It can:
- Repair and deduct (fix the problem and have the landlord reimburse);
- Withhold rent (don't pay rent until the repairs are made); or
- Terminate the lease (and hold the landlord liable for reimbursement of any expenses incurred as a result of any move).
However before attempting any of these self-help measures, you need to consult with an attorney who specializes in landlord-tenant cases, or you can contact a tenants rights organization for help. If you fail to follow the proper procedures for implementing any of the above remedies, you could find yourself in legal trouble as well.
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.