Is the my month-to month lease broken if the landlord shut off water 3 times in the last 4 months without notice?

UPDATED: Jun 25, 2012

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Is the my month-to month lease broken if the landlord shut off water 3 times in the last 4 months without notice?

My landlord has given no notice in the last four months when they shut off the water. We called the water department once during a shut off and said there is no watermain break or emergency. Is this considered a broken lease?

Asked on June 25, 2012 under Real Estate Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends on the circumstances. If these were prolonged shut-offs, especially without good justification, then they may constitute a sufficient breach of the implied warranty of habitability as to justify either your terminating your rental and/or seeking monetary compensation. On the other hand, brief shut-offs, and ones for which the landlord has good cause--such as plumbing work or other consturction/maintenance--would not violate this warranty.

If you are on a month-to-month lease and wish to leave, you could provide a month's notice and terminate your tenancy; the definition of a month-to-month lease is that it can be terminated on one month's notice.

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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