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we have been living in a rental home for just 30 days and we…

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we have been living in...
we have been living in a rental home for just 30 days and we have already had 2 floods in the basement. the landlord (owner of the home) did have roto rooter come both times, but today he was told that there is an expensive problem that needs to be fixed. as you can imagine he is now being a jerk, saying that this is something that we will have to live with or find somewhere else to live. we have been working very hard over the last month to make this house our home, but obviously these conditions are unacceptable. we have a 7 month old son and the holidays are upon us. Our rent is due tomorrow. what would you recommend that we due? we don't mind paying the rent, but would like to pay it to a 3rd party, an arbitrator or something along that line. the house is located in cincinnati, ohio
Submitted: 7 years ago.Category: Real Estate Law
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12/1/2010
Real Estate Lawyer: Richard, Lawyer replied 7 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,017
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good evening. First, you do need to pay the rent so you don't default. You want to maintain the high road. With every rental comes the implied warranty of habitability, which includes the right to the safe, healthy, peaceful and quiet enjoyment of your rented premises. You are clearly not being afforded such enjoyment of your premises....especially when the landlord is aware of the problem and refused to remedy it..and therefore the landlord is breaching the implied warranty of habitability. This puts the landlord in default. You should send the landlord a certified, return receipt requested letter notifying the landlord of this default and demanding that the situation be remedied immediately. Inform the landlord that otherwise you will terminate your lease due to the default effective as of a specified date. Demand that your security deposit be refunded in full and that you will be making a determination and providing notification shortly of any damages you have suffered as a result of the default...which will include cost of moving, cost of temporary housing and any other costs incurred due to landlord's default.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,017
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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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.

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