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Good morning. You have various rights here. With every rental comes the implied warranty of habitability,which includes the tenant's right to the safe, healthy, peaceful and quietenjoyment of the rented premises. When you have issues such as you have which go unremediated, a tenant wouldclearly not be afforded such enjoyment of the premises....and therefore thelandlord would be in breach of the implied warranty of habitability. This putsthe landlord in default. This gives thetenant the right to terminate the lease and sue for damages, including the costof moving plus include reimbursement of a portion of all prior rent to date tocompensate for the reduced value of the rental property due to the reducedbenefit of the tenant's rental bargain due to the inhabitability. Furthermore, although the tenant has theright to terminate the lease due to the breach, the tenant is not required todo so. Rather, the tenant can file a claim against the landlord for damages dueto this breach. Damages would include reimbursement of a portion of all priorrent to date to compensate for the reduced value of the rental property due tothe problems, and to either reduce the rent going forward or pay the tenant fortemporary living expenses, at the tenant's option, until the problem is fullyremediated.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
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