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My gave my landlord a 14 day notice to fix my plumbing. but…

Customer Question
My gave my landlord...

My gave my landlord a 14 day notice to fix my plumbing. but when it becomes an emergency- do i still have to wait 14 days?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ky

Lawyer's Assistant: Has any paperwork been filed?

I sent them an official letter yesterday "Termination of Lease - Failure to Make Necessary Repairs" but it gives them a 14 day window to fix the problems. now though, the plumbing has turned into a more serious problem where we cant use the toilets and raw sewage backed up from the shower drain and floods the bathroom floor

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

This has been going on since we moved in in NOV 2017

Submitted: 1 month ago.Category: Real Estate Law
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Customer reply replied 1 month ago
adding photos
Answered in 17 minutes by:
3/9/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,197
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. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation.

This appears to be a classic breach of contract if the landlord doesn't fix an emergency situation because a landlord has a duty to repair everything, including emergencies.. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

A remedy is to move out and no longer pay any rent.

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Customer reply replied 1 month ago
does a beech in contract mean I still need to wait 14 days for them to fix my situation? or not because its been going on for months and months?
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

Good question. You'll need to wait the 14 days; however, if it turns into an emergency or if they neglect the issue, then you have grounds for breach of contract.

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Customer reply replied 1 month ago
Does raw sewage overflowing into the bathroom floor and unable to use showers/bathroom count as emergency?
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I absolutely think so.

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.

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