Does a landlord have a legal responsibility to disclose a ceiling leak when specifically asked by tenant prior to tenancy?
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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 12 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.
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