What to do if a my landlord is ignoring a flooding problem in my rental?
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What to do if a my landlord is ignoring a flooding problem in my rental?
Rented a home last month and had heavy rain this weekend; the basement is now flooded. Called landlord and got a response back at 10:00 pm Monday evening. Left a voicemail stating that she took care of that problem years ago. Will not return my calls since.
Asked on August 17, 2011 Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Every lease contains what is called the "implied warranty of habitability". This is a guarantee that the tenant will have a safe and clean (i.e. habitable) premises in which to live. If a rental is not habitable a tenant can:
- Repair and deduct (fix the problem and either deduct the cost from their rent or have the landlord reimburse them);
- Withhold rent (don't pay rent until the repairs are made); or
- Terminate the lease (and additionally hold the landlord liable for reimbursement of expenses incurred as a result of any move).
However before attempting any of these self-help measures, you need to consult directly with an attorney who specializes in landlord-tenant matters, or you can speak with a tenants rights organization for help. If you fail to follow the proper procedures for implementing any of the above mentioned remedies, you could find yourself in legal trouble.
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