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

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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 12 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.


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