What to do if our apartment complex hasn’t taken any action against our leaky ceiling that we reported over a month ago?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if our apartment complex hasn’t taken any action against our leaky ceiling that we reported over a month ago?

Over a month ago my wife and I reported to our apartment complex about 8 leaks coming from our living room ceiling during about a 5 day period of rain. They said there was nothing to do about it until the rain stopped. A few days after it originally rained a dark brown stain appeared on our ceiling that is about 2 feet by 2 feet in size. We’re worried it’s mold. We reported that as well over a month ago, and the apartment complex has still done nothing to resolve the problem. My wife has been getting sick unusually often in the last few weeks including a strange rash. What should we do?

Asked on January 23, 2012 under Real Estate Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

In every lease there is an implied warranty of habitability which means the landlord is required to maintain the premises in a habitable condition by complying with local and state housing codes.  When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done, and the landlord is required to respond within a reasonable time by making the necessary repairs.  When the landlord fails to respond within a reasonable time, the tenant has the following options:  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 stays on the premises, the tenant can withhold rent and defend against eviction.  Another alternative is to sue the landlord for breach of the implied warranty of habitability.  The unrepaired leaks in the ceiling and the large spot which may be mold constitute a health and safety hazard which breach the implied warranty of habitability.


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 with SHA-256 Encryption