If my landlord has not fixed an electrical problem which they have known about it for 2 weeks, what can I do?

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If my landlord has not fixed an electrical problem which they have known about it for 2 weeks, what can I do?

How long do landlords have to fix maintenance problems?

Asked on June 27, 2012 under Real Estate Law, South Carolina

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.  Not all maintenance problems rise to the level of a breach of the implied warranty of habitability.  If your electrical problem is a safety issue, then it may be a housing code violation constituting a breach of the implied warranty of habitability.

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 options:  The tenant can make the repairs (hire an electrician in your case) 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 the local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.  Again, not all maintenance problems constitute a breach of the implied warranty of habitability.


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