If my apartment has not had hot water for 2 1/2 weeks, am I within my rights to withhold rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my apartment has not had hot water for 2 1/2 weeks, am I within my rights to withhold rent?
I have repeatedly asked for repairs.
Asked on July 11, 2011 under Real Estate Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is no hot water at the premises then this may be a case of "constructive eviction". If you have to move out you may a legal claim for any costs you incur (such a hotel; extra travel time; storing belongings; etc.) and you can also get a court order allowing you to move back in after the situation has been corrected. Additionally, there is the potential for you to recover your attorney's fees. You may also be entitled to other remedies, depending upon specific state law.
At the very least this is a breach of the "warranty of habitability". This is a right that is implied in every residential lease that provides that a tenant must be given a sanitary and safe rental premises. For this you have certain rights. Again, you tcanhe terminate your lease, as well as withhold rent until the repair is made,or make the repair yourself and the deduct the cost from your rent.
However, before doing anything you need to consult with an attorney who specializes in landlord-tenant matters. At the very least you need to speak with a tenants right advocacy group. If you attempt any of the above remedies you must be certain of your legal rights under your applicable state law.
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.