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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5170
Experience:  Licensed to practice before state and federal court
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Can i take money out my rent check? When i moved into my

Customer Question

Can i take money out my rent check? When i moved into my mobile home in a mobile home park 1 year ago there was no fence, only another mobile home to act like a fence, they removed the trailer and put up a chicken wire fence. and now are telling me they will not fix it that it is MY responsibility. this does not seem right. animals are coming into my yard destroying things, and no privacy. can i hire someone to put up a wood fence and send them a bill?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 1 month 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 no, you are not required to repair the fence. The reason is because 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 substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. 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; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

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