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Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 5266
Experience:  Licensed to practice before state and federal court
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Can an apartment complex charge rent if the room is not

Customer Question

Can an apartment complex charge rent if the room is not livable? I'm asking for my daughter - my understanding is there is extreme water damage in her room - squishy carpets.
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: I believe she signed a lease until Nov or Oct ...
JA: Has anything been filed or reported?
Customer: Not sure
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all the info I have currently
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is yes, Rent can be charged, but a tenant it also has the right to not pay the rent if the room is not habitable. Under the implied warranty of habitability, a landlord is required to make the necessary repairs to the premises to make sure that it is fit for human habitation. If there is extreme water damage such that the carpet has become squishy, then your daughter may have a few remedies. One of the remedies may include not paying the rent. The other remedy maybe getting the leak fixed herself and then deducting what she paid from her monthly rent. She may want to consider just writing a formal demand letter that the leak be fixed or else the landlord will be violating the implied warranty of habitability. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

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