What to do if my landlord will not make necessary repairs?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my landlord will not make necessary repairs?

I’ve been renting my apartment for about 6 months now. The ceiling and toilet in my bathroom leak. I’ve notified my landlord multiply times. Now mold is growing.

Asked on July 27, 2011 Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In every lease there is an implied warranty of habitability which means the landlord must maintain the premises in a habitable condition by complying with local and state housing codes.  The conditions you have described (mold, toilet and ceiling leaking) breach the implied warranty of habitability and are health and safety issues.  When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done.  If the landlord does not respond within a reasonable time by making the repairs, the tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant decides to stay on the premises, the tenant can withhold rent and defend against eviction.


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 lock Secured with SHA-256 Encryption