Can I get out of my lease if a safety hazard costs more than a months rent and the landlord has not fixed it in over 30 days?
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Can I get out of my lease if a safety hazard costs more than a months rent and the landlord has not fixed it in over 30 days?
We are tenants, our landlord hasn’t fixed an electrical problem that is a safety hazard. We want to get out of our lease, the repair of the problem will cost more than a months rent.
Asked on February 27, 2012 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 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 local and state housing codes. 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 and make the necessary repairs, the tenant has the following options: 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 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. Since the electrical problem is a safety hazard, it would constitute a breach of the implied warranty of habitability.
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