Real Estate Law
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Your management company is "smoking dope." They don't get to make up the legal rules to suit their situation. You absolutely have recourse here. As you are already aware, with every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. It is not limited to whether the appliances work or not. That's ridiculous. You are clearly not being afforded such enjoyment of the premises....and therefore the landlord is in breach of the implied warranty of habitability. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of your rental bargain due to the inhabitability. Furthermore, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at your option, until the problem is fully remediated.
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