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Rented a house w/basement apt where prop mgr lives. Owner in…

Customer Question
Rented a house w/basement...

Rented a house w/basement apt where prop mgr lives. Owner in another state. Picture window broke out and was hidden behind curtain. Window was to be replaced in 30 days, year later no window. Prop mgr been using our electric, $1000 bill. Owner said if we complain about window one more time we have get out. Code enforcement found numerous dangerous violations and called owner, next day we got notice to quit. We filed for 540 hearing before notice to quit. What can we do. Code says owner is suppose to live here.

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

NH

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We aren't responsible for any. We moved in and there was hoards of trash and junk under snow. Very nasty. Prop mgr said he wasn't doing any of it. I did, took 2 weeks and two trailer full trash. Still bunch here, alot health code. She was here taking pictures.

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

We were told by code guy not to go on our back deck that's 2 story up, dangerous and stairs to bedroom go straight down like a ladder. We have pics, texts emails from prop mgr and owner supporting all this.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/22/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,300
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.

It seems like you've taken the appropriate steps in filing for a hearing. Thus, could you help me understand what your concerns are regarding this situation?

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Customer reply replied 4 months ago
What can we do if any to recoup our losses, the retslitory eviction and how long may we get to find a place to move.
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

I see what you mean. So, this appears to be a violation of the implied warranty (promise) of habitability if they have not replaced the window and if there are code issues that they have not resolved. 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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