Have Legal Questions? Ask a Lawyer Now.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
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.
I hope this has given you information that has been helpful toyou. If the information seems more general thanspecific, please be aware that we are only allowed to provide information andnot specific advice. If you have a follow-upquestion, please remember that there might be a delay between your follow upquestions and my answers because I may be helping others or taking a break.
If you do have any additional questions aboutmy answer please click the "Continue Conversation Link" so Ican provide you with a fully satisfactory answer. Pleasebe aware that any rating of 1 or 2 is reflected as a negative rating and I receiveno credit for my answers.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).