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My apartment flooded landlord is saying it's my fault i have…

Customer Question
My apartment flooded landlord...

My apartment flooded landlord is saying it's my fault i have no place to stay

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

SC

Lawyer's Assistant: What steps have you taken so far?

I had renters insurance and they me an hotel allowance but I've used that already

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No maam

Submitted: 23 days ago.Category: Legal
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Answered in 1 minute by:
5/28/2018
Lawyer: Legal Eagle, Lawyer replied 23 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,251
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 23 days ago
Apartment flooded and landlord is saying it's my fault..right now I'm staying at a hotel and i have depleted all my funds and i have no where too go
Lawyer: Legal Eagle, Lawyer replied 23 days ago

I'm sorry to hear about that. Have the repairs been completed?

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Customer reply replied 23 days ago
No he hasn't even started working on it
Lawyer: Legal Eagle, Lawyer replied 23 days ago

I see. I'm sorry to hear about that.

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair defects in the rental unit. However, the landlord is generally 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 usual measure of damages is either 1) a cancellation of the lease agreement (in extreme cases); 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

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Lawyer: Legal Eagle, Lawyer replied 23 days ago

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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