Can I be evicted from my residence I rent if the landlord has failed to provide me water?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I be evicted from my residence I rent if the landlord has failed to provide me water?

There was a water leak in my residence that my landlord failed to promptly fix therefore accumulated a large bill. I pay my monthly usage but the people at the water place said that it was the landlords responsibility to pay the usage from the leak which they have failed to do so my water got shut off. She’s refusing to pay it and wants me to pay it and pay her this months rent even tho my 4 children aren’t staying there because there is no water. What can I do?

Asked on August 8, 2012 under Real Estate Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to go to landlord tenant court as soon as you can here and bring an action for a breach of the warranty of habitability and for a breach of your lease agreement.  Ask the court to allow you to pay the rent in to court and for abatement (reduction) of the rent.  This may even be constructive eviction under the law in your state so you need to decide if you wish to continue to live there and what your next steps will be.  Legal aid may help. Good luck.


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 with SHA-256 Encryption