Can I break a lease if I moved into a rented house and discovered after I had drank the water, it was contaminated with coliform bacteria?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I break a lease if I moved into a rented house and discovered after I had drank the water, it was contaminated with coliform bacteria?

Asked on July 24, 2012 under Real Estate Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

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.  The contaminated water is a health issue which constitutes a breach of the implied warranty of habitability.  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 by making the necessary repairs, the tenant has the following options:  The tenant can make the repairs and deduct the cost from the rent (this would be impracticable in your situation) 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.

A separate issue here is if you required medical treatment due to drinking the contaminated water, your landlord is liable for your medical costs.  Prior to filing a lawsuit against the landlord to recover your medical expenses, it may be possible to settle the case with the landlord's insurance carriier.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the landlord's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the personal injury claim is settled with the landlord's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the landlord's insurance carrier regarding your personal injury claim, reject the settlement offers and file your lawsuit against the landlord based on premises liability.  If the case is NOT settled with the landlord's insurance carrier, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption