What recourse do I have against a landlord who failed to make repairs due to a water leak?

UPDATED: Oct 31, 2011

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What recourse do I have against a landlord who failed to make repairs due to a water leak?

Approximately 2 1/2 years ago we leased a condo. Within 2 months we noticed a severe water leak when it rained. We mentioned it to the landlord who said it has always done that since he built the house. We were there for over 2 years and he said he would fix it. He decided that he would not repair the leak until we moved out. He said he was opening himself up to liability and that we were responsible for any health issues our child may have. We have been out for over a year and our son tested high for mold sensitivity and had other issues while there. He never made repairs and leased it again.

Asked on October 31, 2011 under Real Estate Law, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would write one last letter to your landlord requesting repairs be made to the water intursion issue at the unit you are renting by a set date mentioning health issues of your child due to mold sensitivity. Keep a copy of the letter as well.

If the repairs are not made by the designated date, you should contact the local health department for an inspection of the rental advising it of the water intrusion issue. Assuming there is an inspection and it shows problems with the rental mandating repairs, the landlord could be cited to make the repairs.

In the interim, I would consult with a landlord tenant attorney about the situation.

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