What are my legal rights and optionsregarding a landlord who refuses to fix a main line sanitary clog in my home?
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What are my legal rights and optionsregarding a landlord who refuses to fix a main line sanitary clog in my home?
I have lived at this home for 3 years. A week or so ago all the toilets were backing up as well as shower and washer. I called landlord to report but no reponse. I called swewe service company to come clear the line and they determined that the main line was collapsed between the house and the street. They confirmed this by putting a camera in the line. I paid for all of that. I called the landlord and she refuse to fix the problem despite paperwork which indicates the problem. She said, ” If you don’t like it move out”. What if any options do I have?
Asked on June 24, 2011 under Real Estate Law, Colorado
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have several options, some of which can be used together. You can deduct the cost of repair or replacement from your rent and therefore she would only get what is left. You can also ask her to fix it in writing and then of course if she refuses you can inform her that it is a health code violation and she has now created an uninhabitable dwelling and she will need to pay for your move as she breached the lease agreement. Last but not least you can simply withhold rent until it is fixed and contact HUD and your attorney general to mediate this matter. Most states have some form of slumlord laws and it would be quite appropriate for you to call whe there is no running water or worse, sewage back up.
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