What to do if your landlord has repeatedly ignored your requests for repairs and the like?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if your landlord has repeatedly ignored your requests for repairs and the like?
I’m renting a house and the landlord has been very unprofessional with everything. When we first came to look at the house, it was still riddled with the past tenants belongings and trash; she made it very clear on several occasions that it would be taken care of. Then we discovered a major cockroach problem, which she refuses to deal with. We have a list of 25+ problems and we’ve made mostly oral contracts. Will this still hold up in court if we sue? What should we do? I have a 4 year-old son and I am pregnant.
Asked on April 18, 2011 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have several possible options in this case that you may be able to take. First of all, by way of background, every residential lease includes what is known as an "implied warranty of habitability". This warranty basically gives a tenant the right to live in a sanitary and safe (i.e. livable) premises.
If your landlord refuses to perform repairs/maintenance necessary to make your rental habitable, you can:
- Withhold Rent - You can refuse to make any further rental payments until the repair is properly made.
- Repair and Deduct - You can fix the problem and then charge your landlord for the cost of repair; or
- Terminate the lease - You can choose to end your tenancy and vacate the premises.
However, before you attempt to pursue any of these remedies, consult with a landlord-tenant attorney or a tenant's rights organization. If you fail to follow the proper procedures for attempting these self-help measures, you could be held liable for breach of your lease.
Note: If money is an issues depending on your income, you could also ask Legal Aid for assistance or the state/county bar association (although there are income eligibility requirements). A local law school clinic might also be of help to you.
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.