Can I sue my landlord for not fixing electrical problems that an electrician says is a fire hazard?
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Can I sue my landlord for not fixing electrical problems that an electrician says is a fire hazard?
We have been without heat in the house for about 5 days due to him dragging his feet.
Asked on March 31, 2011 under Real Estate Law, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have several possible options in this case. By way of background, every residential lease includes an "implied warranty of habitability". Basically, this gives a tenant the right to live in a sanitary and safe (i.e. habitable) premises. Providing heat is included in this warranty.
If your landlord refuses to perform repairs necessary to make your rental habitable (i.e. livable), as a tenant you can:
- Withhold Rent - You can refuse to make any further rental payments until the repair is properly made.
- Repair and Deduct - You can fix the problem and then charge your landlord for the cost of repair; or
- Terminate the lease - You can choose to end your tenancy and vacate the premises.
However, before you attempt to pursue any of these remedies, consult with a landlord-tenant attorney or a tenant's rights organization. If you fail to follow the proper procedures for attempting these self-help measures, you could be held liable for breach of your lease.
Note: Depending on your income, you could also ask Legal Aid for assistance or the state/county bar association. A local law school clinic might also be of help to you.
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