Do I pay rent if the landlord knows the water is off?

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Do I pay rent if the landlord knows the water is off?

Asked on April 20, 2012 under Real Estate Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes.  When there is a breach of the implied warranty of habitability such as not having water in your case, the tenant notifies the landlord as you have done and the landlord is required to respond within a reasonable time by making the necessary repairs.  If the landlord makes the repairs in a reasonable time and water is restored, that ends the matter.  If the landlord fails to respond within a reasonable time by making the necessary repairs and restoring your water, the tenant has the following remedies for a breach of the implied warranty of habitability:  You can make the repairs (contact a plumber) and deduct the cost from the rent or you can move out and terminate the obligation to pay rent for the balance of the term of your lease or if you stay on the premises, you can withhold rent and defend against eviction.


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