If the pellet stove in our rental broke down a week ago and it hasn’t even been looked at yet, can we withhold rent for the time that it isn’t fixed?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If the pellet stove in our rental broke down a week ago and it hasn’t even been looked at yet, can we withhold rent for the time that it isn’t fixed?

Asked on December 8, 2011 under Real Estate Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In a case such as this, you can possibly proceed under 2 different legal theories.

The first is known "constructive eviction". If the heat situation in your unit is such that it is driving you to the point of moving out, you may have a legal claim for any costs you incur (e.g. hotel; extra travel time; storing belongings; as well as any attorney's fees that you may incur as a result). You might also be entitled to other remedies, depending upon applicable state law. Any photos and other documentation that you may have (e.g. health department inspection) will add to the strength of your claim.  

The second theory as to do with a breach of the "warranty of habitability". Essentially, this is a guarantee that is implied in every residential lease. It provides that a tenant be given both a safe and sanitary premises in which to live. For this breach you have several options: you can possibly terminate your lease; withhold rent until the repair is made; or make the repair yourself and the deduct the cost from your rent. A lack of heat would qualify as such a breach. As with the first option, this too will require proof for your claim to prevail.

At this stage, you should consult directly with an attorney who specializes in landlord-tenant matters, or at least speak with a tenants right advocacy group in your area. If you attempt any of the above remedies you must be certain of your legal rights under specific state statute.  


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption