What can I do if my landlord won’t fix the roof in my house?
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What can I do if my landlord won’t fix the roof in my house?
I am renting a house for $850 a month. My landlord is aware that the roof in the garage is leaking (might as well say there is no roof). I asked him to fix it before we moved in he said he was but now he’s not so sure because it’s gonna cost him $10,000 and he says that he doesn’t have the money. Well the roof is leaking into the outlets and lights but yet he still won’t do anything.
Asked on November 4, 2010 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
All leases come with what's known as an "implied warranty of habitability." That means that the premises must be fit for their intended purpose, which in this case is being inhabitated as a residential property. Major problems that effectively make the premises uninhabitable--and there might as well being no roof would likely fall under that heading--are a violation of this warranty. Depending on the exact circumstances--and also depending on the tenant having provided notice of the problem in the right way to the landlord, such in writing, and having provided an opportunity to fix the problem--the tenant may be able to bring a legal action for some combination of monetary damages, a court order that the landlord repair the roof, a reduction in rent, or the right to terminate the lease without penalty. It can be a powerful remedy, but is somewhat tricky to bring the action the right way--you'd be best off consulting with an attorney on the subject. Good luck.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In every lease there is an implied warranty of habitability, which means that the landlord has to maintain the premises in a habitable condition in compliance with local and state housing codes. A leaking roof with water leaking into the outlets and lights is a safety hazard and would constitute a breach of the implied warranty of habitability. You could sue the landlord for breach of the implied warranty of habitability. A breach of the implied warranty of habitability allows you to either move out and terminate your obligation to pay rent for the balance of the term of the lease or if you to decide to stay, withhold rent and defend against eviction.
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