What are my rights as a tenant regarding the inability to use part of the rental premises due to water damage?

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What are my rights as a tenant regarding the inability to use part of the rental premises due to water damage?

I moved into a rental last month and the landlord had a flood 1 week prior to my move in date. It damaged the hardwood floors in 2 rooms (1 room worse then the other). She filed an insurance claim and the floors still have not been repaired. What are my rights when it comes to paying my rent in full due to my not being able to use 1 of the bedrooms for fear of mold growing due to the water damage (this room is to belong to a toddler)

Asked on September 28, 2011 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

All leases comes with what's  known as an "implied warranty of habitabilty," which is term the law adds to leases (even if the lease itself does not mention this). This implied warranty means that the rental premises must be fit for their intended purpose--e.g. safe to inhabit as a residence. If the premises are not fit, the tenant may have the right to do one or more of the following: 1) seek monetary compensation for the time the premises are not fit; 2) seek a court order requiring the landlord to fix the problem(s); 3) make the repairs him/herself and deduct the cost of the repairs from rent; or 4) terminate the lease without penalty. So you do have rights, but you should go an attorney and let the lawyer help you vindicate them; trying to use the implied warrant of habitability incorrectly can result in you being liable to the landlord. Good luck.


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