Can I break a lease if my landlord fails to pay utilites and take care of the property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I break a lease if my landlord fails to pay utilites and take care of the property?
We have a lease agreement stating the landlord is responsible for utilities. The mortgage company came by the other day and stated the house payment is 3 months behind. The city came by with a disconnect notice for the water. The electric bill is past due. Our stairs are plywood and starting to sink through due to water damage, the attic is unsealed and has birds and wasps living in it. We had a verbal agreement the house siding (mostly ply wood) would be re-done. It never happened. Yard work is the responsibility of the landlord and our grass is dead and the weeds are 4 feet high.
Asked on August 10, 2011 Utah
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In every lease there is an implied warranty of habitability which means the landlord is required to maintain the premises in a habitable condition by complying with local and state housing codes. When the landlord fails to make repairs within a reasonable time after being notified by the tenant, the tenant has the following remedies for a breach of the implied warranty of habitability: the tenant can 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 decides to stay on the premises, the tenant can withhold rent and defend against eviction.
The water being shut off, the electricity possibly being shut off, the stairs sinking from water damage, and the condition of the attic constitute breaches of the implied warranty of habitability.
As mentioned above, one of the tenant's remedies for a breach of the implied warranty of habitability is to move out and terminate the obligation to pay rent for the balance of the term of the lease.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.