What to do when a landlord will not do repairs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do when a landlord will not do repairs?
After a hurricane, I received a lot of water damage in my apartment. The landlord neglected to fix the roof’s drainage problem and it flooded. The landlord has done some cosmetic repairs but not the needed repairs. I contacted the building department and they were able to get him to remove the top kitchen cabinet because of mold. He has not removed the bottom cabinets. Mold is growing through my walls. I have sent him 3 certified letters and he ignores me. He told me verbally he has done all he can do for my apartment. I am taking him to court and I have video of the water coming into my unit.
Asked on October 11, 2011 under Real Estate Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In every lease, there is an implied warranty of habitability which means the landlord is required to maintain the premises in a habitable condition by complying with local and state housing codes. The water damage and mold constitute breaches of the implied warranty of habitability because they are health and safety issues which would violate the housing code. 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 remedies: The tenant can make the repairs 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 decides to stay, the tenant can withhold rent and defend against eviction. Another alternative would be as you are doing to take the landlord to court by filing a lawsuit for breach of the implied warranty of habitability.
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.