Can I be evicted from my residence I rent if the landlord has failed to provide me water?

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Can I be evicted from my residence I rent if the landlord has failed to provide me water?

There was a water leak in my residence that my landlord failed to promptly fix therefore accumulated a large bill. I pay my monthly usage but the people at the water place said that it was the landlords responsibility to pay the usage from the leak which they have failed to do so my water got shut off. She’s refusing to pay it and wants me to pay it and pay her this months rent even tho my 4 children aren’t staying there because there is no water. What can I do?

Asked on August 8, 2012 under Real Estate Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to go to landlord tenant court as soon as you can here and bring an action for a breach of the warranty of habitability and for a breach of your lease agreement.  Ask the court to allow you to pay the rent in to court and for abatement (reduction) of the rent.  This may even be constructive eviction under the law in your state so you need to decide if you wish to continue to live there and what your next steps will be.  Legal aid may help. Good luck.


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