What to do if my landlord refuses to fix electrical problems that could lead to a fire?
Question Details:
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 state and local housing codes. When there is a breach of the implied warranty of habitability, as in your case where there is a safety issue regarding the electrical problems which could result in a fire, the tenant notifies the landlord as you have done, 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 by making the necessary repairs, the tenant has the following options: The tenant can make the repairs (call an electrician to make the repairs in your case) 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. You can also contact your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
If there is an imminent safety threat, such may violate the implied warranty of habitability--the obligation, imposed by law on all landlords, that their rental premises be fit for use and inhabitation. If that is the case, and if the landlord has refused to fix it after notice from you of the issue, that may entitle you to do one or more of the following: seek monetary compensation; pay for the repair, and deduct the cost thereof from your rent; seek a court order compelling the repair; terminate the lease without penalty. Much depends on the exact circumstances, including the severity and immediacy of the threat--if the issue is not severe enough, the tenant is not entitled to take legal action. You should consult with a landlord-tenant attorney, who can evaluate the situation for you and advise you as to what to do.