Landlord breaking a lease.
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Landlord breaking a lease.
We have been on year lease and back on August 19, 2017 I emailed the landlords to inform them that there is mold in the children’s room and the kitchen tiles are breaking due to the uneven floor. the house is moving which the children can cut their feet on. I placed a runner rug over the major part, but there are still other parts of the floor that is breaking. The roof leaks and drips and has created a tiny hole in the ceiling. I have had roofers come by and gave the landlord the information. They emailed me back about the roofer coming out to look at the roof. The landlord emailed me back stating that the roofer couldn’t come into the house. I asked why did they have to come in if they are looking at the roof? I haven’t heard back from them over these concerns and I also sent them pictures of everything. Would I be able to say that they broke the lease because of the conditions?
Asked on April 20, 2018 under Real Estate Law, Kentucky
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue your landlord for breach of the implied warranty of habitability for the housing code violations you mentioned. It would be advisable to contact your local building inspector to document the housing code violations. The building inspector can take action against your landlord to compel the landlord to repair the place to comply with the housing code requirements.
Another alternative for you is to terminate the lease and move out due to the landlord's breach of the implied warranty of habitability.
Another option is to refuse to pay rent and defend against eviction due to the landlord's breach of the implied warranty of habitability.
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