If we moved into a property with extensive property damage and the landlord refuses to fix it, is there anything that we can do?

When we moved in the house was in horrible shape but we couldn’t see how bad it was because the previous tenants were still occupying the place when we did the walk through, and the day after they had moved we started noticing issues with the property. We know AR has no implied habitability laws but we are wondering if we can do anything about this. We have exposed wires hanging from the ceiling, it was advertised as having central air and central heating but has no central heat and there is a half an inch gap in the bathroom floor that leads under the house. Is there anything we can do?

Asked on November 29, 2011 under Real Estate Law, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written about the rental that you moved into and the poor shape that it is in where the landlord refuses to make repairs to it, I would do the following:

1. write the landlord a detailed letter about the deficient conditions concerning the rental and the need for repairs to be started within a certain period of time or you will contact the local health department and/or building and permit department for an inspection of it.

2. if the time period for the requested repairs comes and goes without repairs being started, I would then contact the health department and the building and permit department requesting an inspection of the rental.

If the landlord is cited, then the repairs should be started shortly afterward the issuance of the citation.

3. contact a landlord tenant attorney about the conditions of the rental you have and discuss with him or her your options.

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