What constitutes “uninhabitability”?

There was a problem with a pipe in our bedroom wall so our floor was wet; this was 3 days ago. Maintenance drilled the wall and temporally sealed the leak. They told me that they will leave the hole until the heating season is gone because the pipe line either is or has to with the heater (and they want to permanently fix it when we don’t need the heat any more). However, I am not sure how long the “heating season” is but given it is cold here it will be at least another 2 months or so. I want to get refund the payments from thi month through the end f the lease (I had to pay the rent for whole year in advance) and move out.

Asked on January 6, 2013 under Real Estate Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a unit is uninhabitable when it lacks the basic needs of heat, cooling or has a condition that is unsafe for human habitation. Given what you have written about it seems as though there are habitation issues warranting the return of moneys paid by you to the landlord.

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