How doI get my landlord to fix my roof?

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How doI get my landlord to fix my roof?

In a commerical building.

Asked on November 22, 2010 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

All property has an implied warranty of habitability--a implied lease term that the property will be fit and safe for its intended use. If there is a leak or hole in the roof, then the landlord would have to fix it to comply with this implied term. (If it's just cosmetic--the roof is battered and ugly, for example--the implied warranty of habitability would not be invoked.) If the landlord refuses, after written demand (send it some way you can prove delivery, such as fed ex with tracking or registered mail w/receipt), then you should be able to bring a legal action to either force him to make the repair, to receive monetary compensation, or to be able to withhold some rent to pay for making the repairs yourself. However, if you do the latter--try to repair, out of withheld rent--in the wrong way, you can end up in breach of your lease. Therefore, if the landlord won't fix after a written request, you should consult with an attorney for  the best way to proceed.


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