Does a landlord have a legal responsibility to disclose a ceiling leak when specifically asked by tenant prior to tenancy?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a landlord have a legal responsibility to disclose a ceiling leak when specifically asked by tenant prior to tenancy?

My landlord refuses to repair an on-going (at least 4 years) ceiling leak. I continue to pay rent in-full and on time as agreed (2 year lease) The leak has been on-going and known by the landlord for several years prior to my tenancy (documented) but it was not disclosed when I asked prior to signing the lease. The leak negatively affects my ability to use the entire rental space and poses a mold /health issue. Yet, the landlord refuses to repair the leak and instead has offered me a tarp and bucked to catch the water.

Asked on October 2, 2011 under Real Estate Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In all real estate transaction in this country be it a buy/sell or a lease of a unit to the tenant by the landlord, the landlord is under an affirmative obligation to disclose to all interested parties all matters known to him about the unit that may materially affect the desirability or price paid for it to a willing purchaser or tenant.

In your situation the landlord had an affirmative obligation to advise you of the problems with the water intrusion of the apartment you rented if known before you leased it.

I suggest that you contact your local health and building and permit departments about the water intrusion issues you are facing and request an inspection by them of the unit. I also recommend that you contact a landlord tenant attorney about this issue to possibly represent your interests.

The landlord's failure to make repairs to a known water intrusion unit in your rental is improper.

Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption