If Landlord Wont Fix Leaking Roof

Repairs to a leaking roof are likely very expensive and other difficulties about repairing the roof likely make that a poor option.

If landlord wont fix leaking roof.

The defects don t have to be serious and you may not even care about them. You can use them as an excuse to legally end your lease if you got a job transfer can t afford it are getting a divorce or other reasons. This means that your landlord must ensure that the building is structurally sound provide hot and cold water ensure that the roof is not leaking and keep the plumbing electrical and heating systems all in safe operating condition. If there s a problem with an existing damp proof course dpc in your home which is causing the damp then your landlord is likely to be responsible for repairing it.

What must a landlord fix. In every lease there is an implied warranty of habitability which means that the landlord has to maintain the premises in a habitable condition in compliance with local and state housing codes. The leaking roof and the mold are health hazards to you and your child who has asthma and therefore clearly constitute breaches of the implied warranty of habitability. A leaking roof with water leaking into the outlets and lights is a safety hazard and would constitute a breach of the implied warranty of habitability.

This is because the work may be regarded as an improvement rather than a repair. California tenants are legally entitled to rental property that meets basic structural health and safety standards and is in good repair. Even if it is not in your rental agreement or lease your landlord is required to keep your building and unit in a habitable condition. In addition you can sue your landlord for lost or damaged property for example furniture ruined by water leaking through the roof.

If a landlord fails to take care of important maintenance such as a leaky roof or a broken heater tenants may have the legal rights to. Other factors in the repair and deduct way of dealing with this matter such as how much the monthly rent is and how much time is left on your lease. In some states you may also ask the court for an order directing the landlord to repair the defects with rent reduced until they are fixed. If they don t you can terminate.

As a first step notify your landlord in writing and preferably by certified mail that they have a duty to fix the plumbing problem under landlord tenant law. If your home doesn t have a dpc your landlord may not be responsible for putting one in. To the legislature it s poetic justice. The landlord has a sudden vacancy losing money and has to fix everything.

Howard finkelstein 7 news legal expert.