House non habitable questions on rent

UPDATED: Oct 1, 2022

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House non habitable questions on rent

My boyfriend and I started renting this house in November when we moved in the house had mice and black mold. in December due to an income change we talked to the landlords and told them we could no longer afford the rent. Now we have been without running water for over a week, the landlords came out a few days ago to look at it but water still doesn’t work according to everything I’ve looked at we are legally allowed to move out and not pay the rent as house in non-habitable but what coarse of action should we take?

Asked on January 3, 2018 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Provide written notice of the conditions, sent some way you can prove delivery, if you have not done so already. The notice should describe all problems in detail, including a time line for when they occured, how long they lasted, are they will ongoing, etc., and should include a demand that any still-existing problems be repaired. After they get written notice, they get a "reasonable" time (unfortunately, this is a subjective measure, of what is reasonable under the circumstances; there is no hard-and-fast time frame) to correct the problem. If they do not restore habitability--and a lack of water would render a home uninhabitable--within such a reasonable time, you could consider yourself to be "constructively" (or effectively) evicted by a breach of the "implied warranty of habitability" (violation of the landlord's obligation to provide a rental fit to be lived in). You would the provide a second written notice, sent so you can prove delivery that you are vacating and the lease is terminated because the home is uninhabitable; make sure to actually vacate right away; and return the keys to the home.

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 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.

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