What to do if my complex is infested with bedbugs, the smoke detectors don't work, there are no fire extinguishers, half the doors don't lock and the HVAC unit is inoperable?
In every lease there is an implied warranty of habitability, which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: the tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. It would be advisable to report the code violations to the housing code inspectors in your area. The items you mentioned are health and safety issues constituting breaches of the implied warranty of habitability.


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