Can you be evicted from a property if your landlord does not comply with repairs ordered by the city?

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Can you be evicted from a property if your landlord does not comply with repairs ordered by the city?

Our landloard was required to have a city inspeciton of the property and he failed. He has been given multiple extensions and has not complied with the city. The “failures” are due to common wear and tear as well as some cracked windows from a sinking foundation. I was told that if he does not fix this in time we will be evicted by the city and the property will be unavailable to rent for a period of time. Is this possible and if so what kind of time frame will we be given to move? Do we have legal rights as we are not the one at fault?

Asked on August 30, 2012 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the building is unsafe or violates code provisions that prevent it from being considered fit or legal for occupancy, then the city can prevent people from living there; this will evict tenants.

Since the landlord will be violating both the lease (by not providing you the premises he agreed to) and the implied warranty of habitability (by not providing premises "fit for their intented purpose," such as residency), you should have grounds to sue the landlord for additional costs you incur, such as moving or storage costs; a difference in rent if you have to rent a new place for more; etc. You should speak with an attorney to review your options and recourse.


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