What to do if my rental house has major structural issues that my landlord is choosing to ignore?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my rental house has major structural issues that my landlord is choosing to ignore?
My chimney is pulling away from my home. After months and months of bugging my landlords, they are finally going to have it fixed. However, when the masonry guys came, they told my landlord the whole brick wall needs to be taken down because it is pulling away from the home and that even though it looks like the chimney is the problem, it actually is not the real problem. My landlord told the masonry guy that he knows about it but to only fix the chimney. Is this something that he can refuse to have fixed, especially now that he has been told by a professional and I have been made aware?
Asked on October 5, 2012 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you cannot refuse to allow this repair.
If the structural issue affects your safety (and not merely your comfort, or the resale value of the home, or whether the home is code compliant--it must actually affect safety or habitability) and the landlord refuses to address it after notice of the issue and a reasonable opportunity to take action, then you may have a cause of action for breach of the "implied warranty of habitabilty," or the obligation, placed on all landlords, to only rent premises that are "fit for the intended purpose" and safely inhabitable. If this warranty is breached, you could potentially terminate your lease without penalty and move out, or else sue the landlord for compensation. Because it can be tricky to enforce this warranty, it is advised you consult with an attorney before doing anything.
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.