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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34777
Experience:  16 years real estate, Realtor. Landlord 26 years
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What is my legal rights when it comes to health and safety

Customer Question

what is my legal rights when it comes to health and safety issues ... ie. the sewer is broken and has been for 6 days and no solution in place for another 3 days we are unable to take showers , use the restrooms , or wash clothes " there solution is a training potty for 3 adults to use inside the home and we must depose the waste ourselves in the back yard ... please help
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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The lack of working plumbing facilities would make the property uninhabitable and a violation of the housing code requiring functioning plumbing and sewer systems.

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This means that the landlord is in breach of contract to provide you with a habitable dwelling so you would be within your rights to demand that he put you up in a hotel until the problem was fixed at his expense. If he refused to do so, you can stay at one and keep your receipts and then sue him in small claims court for reimbursement of those expenses.

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You can also call the local Code Enforcement or Housing Inspector and have him out to inspect the property. He can then cite the landlord for any violations and force him to make repairs or face daily fines past any deadline.

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So I would suggest immediately notifying the landlord that you were moving to a hotel at his expense and will be calling Code Enforcement the first thing Monday morning unless he gets a plumber out to make repairs this weekend. Landlords HATE it when tenants call Code because they can find lots of other things wrong and force the landlord to fix them.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister