What can I do if repaired have not been made by management?

I rented a home almost 6 months ago, a 3 bedroom/2 bath. Ignorantly, I neglected to test the showers. Upon taking residence, we discovered that the master bath/shower did not function is there was no water pressure. The very small shower stall in the other bathroom leaks. I notified the management of these problems the first week of residence. I have since called more than 10 times to request repair, and notified them in writing. 4 months later nothing has been done. I feel the lease is written for a 3/2 and what I have is not that. I cannot afford to move my family of 4 again, however the rent is far too much for having no working tub and only a leaking shower.

Asked on November 13, 2018 under Real Estate Law, Indiana

Answers:

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

Answered 2 years ago | Contributor

In every lease, there is an implied warranty of habitability which requires compliance with housing codes.  You can contact the local code compliance officer.  Another alternative is to withhold rent and defend against eviction  for the landlord's breach of the implied warranty of habitability.  Another alternative is to move (I know you said you couldn't afford that) and terminate your obligation to pay rent for the balance of the term of the lease.  Another alternative is to have a plumber make the repairs and deduct the cost from the rent.


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