What are my options if I have lived in my apartment for 9 months but there are issues which the manager has failed to resolve?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my options if I have lived in my apartment for 9 months but there are issues which the manager has failed to resolve?
There are broken tiles in the bathroom that cut up our feet and she had someone take out another tile 2 months ago. The fireplace/chimney has been broken since we moved in, although we pay for it. Birds nested there at one point and they wouldn’t remove them, and now that they are gone they refuse to cap the chimney or clean it out making my animals sick. Also, we asked for different locks because 3 times since we moved in people we did not know let themselves into our house while we were asleep, without an appointment. These issues have been addressed multiple times to no avail.
Asked on September 3, 2012 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The broken tiles and chimney are things you probably do not have legal recourse for, in terms of grounds to seek a rent abatement or force the landlord to take action. While all rentals are subject to what's called the "implied warranty of habitability"--the obligation, imposed by law, that the rental be "fit for its intended purpose," such as residence--it is only affected by issues that affect habitability. Conditions that are suboptimal but which do not affect habitability do not violate the warranty. That means that you'd only have recourse if either 1) the lease specifically, for example, states there is a working fireplace (then you could take legal action to enforce the lease); or 2) it was, for example, specifically represented to you, prior to signing the lease, that the fireplace worked *and* it was a material (or important) consideration to you that it did (in which case, you *may* be able to seek compensation under the rubric of "fraud"--a material misrepresentation made to induce you to enter into the transaction or lease).
However, you may have recourse against the landlord for the issue with locks. If there is no good security--e.g. bad or ineffective locks; or the landlord does not secure his/her copy of the keys--as may be the case, that could be a violation of the implied warranty of habitability, since it would be a significant impairment of safety, which means an impairment of habitability. Or if the landlord is knowingly giving other people access to your home, then he or she is violating your right to quiet enjoyment, or the right to use the premises free from unreasonable disturbance. Thus, the issue with the locks might afford you grounds to seek monetary compensation, a court order forcing the landlord to finally correct the issue, or even potentially to break the lease without penalty. You should speak with a landlord-tenant attorney about this issue and your options.
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.