What to do if I live in a townhouse and the dishwasher has been broken for about 3 months now?
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What to do if I live in a townhouse and the dishwasher has been broken for about 3 months now?
I reported this on day 1 when it happen and now i have a mold problem in it which lingers thru the house. I’ve had several different techs come over from the rental office but all i get is the run around. Property manager and the cooperate office knows about this ive called many times during the past 3 months and now I just wanna know what are my options?
Asked on January 26, 2013 under Real Estate Law, Maryland
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In every lease there is an implied warranty of habitability, which requires the landlord to maintain the premises in a habitable condition by complying with state and local housing codes. The mold is a health issue, which constitutes a breach of the implied warranty of habitability.
When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done, and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs (call someone to make the repairs) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. You can also contact your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
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