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legalgems, attorney
Category: Landlord-Tenant
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I rent/lease a 4 bedroom home and one of the bedrooms is in

Customer Question

I rent/lease a 4 bedroom home and one of the bedrooms is in the basement, with the recent rains the room has flooded this is the 2nd time this as happen the owner fixed the first time and is now refusing to do repairs he is planning on removing the room from the lease and not doing the repairs while my lease is still in effect until 022717, I have my daughter and 6 month old grandson that lives in the basement and cannot sleep down there due to the room is not repaired. can he legally refuse not to do repairs?
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 7 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 7 months ago.

I am very sorry to hear this;

A lease is a binding contract; that means both parties are obligated to fulfill the terms of the lease or they will be in breach. The landlord has the duty to provide a habitable unit, allowing the tenant their use and enjoyment of the property.

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

The tenant can sue for the difference in the rent for this unit, and the rent for a replacement unit, for the remainder of the lease. Additionally they can claim moving expenses. Small claims is usually the appropriate forum for this.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 7 months ago.
If this causes by the weather not by me or my family what can I do to get him to do the repairs? I already paid the rent for January and the property manager barely told me today they were not going to do the repair.
Expert:  legalgems replied 7 months ago.

The landlord is responsible for the repairs; one can do the following:

1. contact the health department to see if the city officials will issue a citation

2. use the repair and deduct method; this means the tenant hires a contractor for the necessary repairs-after notice is given to the landlord and the landlord refuses to repair- and deducts the money from rent

3. deem it constructive eviction and relocate, suing for damages.

Everything needs to be adequately documented to prove the landlord was in breach of the lease.

Expert:  legalgems replied 7 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

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