Can my prior landlord sue us if the rental was unsafe and unusable?

Question Details:

We are moving out of a mobile home. Our landlord wants to sue us for rent we owe. But we have had a leaning water heater that could blow up and we have been without hot water. There is also a leak under the kitchen sink that has mold growing. We have fixed things in here ourselves and they have done nothing. Could we have a case to go against them on?

Asked 11/16/2009 under Real Estate | 214 View(s) | More Legal Topics

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Real Estate Law Answers

A lease is a contract whereby you agree to pay a fixed amount of money fo ruse of the property over a period of time (month to month or a fixed term of years).  In this case, the landlord surely has a duty to maintain the items that you mentioned, which are likely specified in the lease.  If the landlord has not - as you said- fixed these things and they did not operate as you agreed when you took possession, you may have a good basis to offset the rent owed based on these defects.  I suggest that you not respond to the landlord.  if he sues you, then make sure that you use these items to defend and offset what is back rent owed. 

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