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My place is substandard, and has been without major and

Customer Question
My place is substandard...

My place is substandard , and has been without major and minor repairs and it's taken tolls on my health? what can I do for relief?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

So many that I have exhausted the city and still no relief that's satisfactory,so can I take my landlord to court and if so, how do I go about this?

Lawyer's Assistant: Where is the property located?

In Philadelphia

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

Yes, this is a over six year ordeal I am tired of this struggle and my health continues to grow worse because of these terrible housing issues also my landlord has not giving me back the paperwork for subsidized rental adjustment as of yet. He knows also I want to safely stop paying rent and get money back for rent overcharges and also not getting full uses of my apartment due to failure of getting repairs major and minor for the more than six years I resided there.I feel like I am being retaliated against by getting quite a few inspections from The Department of Licenses and inspections. Need relief and remedies. My phone number is***-***-****

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/19/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,330
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 3 months ago

I'm sorry to hear about your situation. This appears to be a violation of the implied warranty (promise) of habitability if the landlord has failed to make major and minor repairs such that it is prohibiting you from getting the full use of your apartment. 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.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today that I could help you with?

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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