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I have a problem with the landlord, every time it rains my…

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Hello, I have a problem with the landlord, every time it rains my apartment always flood with water I sent them emails with pictures and videos about the water getting into my place they claimed it was the trees after they cut it im still having they same problem. it happens 4 times already I need to know if I can break the lease im getting tired with this I asked to switched to different unit they just ignored me.

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Submitted: 7 months ago.Category: Real Estate Law
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Answered in 1 minute by:
9/24/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 11,261
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 so all that means is that you can count on me to help today. I’m sorry to hear about this situation. 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. In your case, if you’ve put the landlord on notice about the rain water, then there is a strong probability that you will have a good argument to take one of those three actions.

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.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Legal Eagle
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Experience: Licensed to practice before state and federal court

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