Do I/we have any right to sue management for not providing a safe environment to live in? And to get us out of our lease?

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Do I/we have any right to sue management for not providing a safe environment to live in? And to get us out of our lease?

Shower from the second floor leaking to the ceiling downstairs, they have tried numerous attempts to fix, but hasn’t been fixed after 2 month. #2 Gutters outside overflow and cause a “lake” in the front of the building covering the sidewalk, after rain stops and drains slowly there is a mass amount of mud fully covering the sidewalk causing a major slipping hazard. #3 Management advised someone walking in the middle of the road to call the police saying I tried to run them over, when all I was doing was driving on the right hand side of the road. So now it seems they are retaliating against us

Asked on August 15, 2012 under Real Estate Law, Tennessee

Answers:

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

Answered 8 years ago | Contributor

Time to go to landlrod tenant court.  Bring an action for a breach of the warranty of habitability.  The leak needs to be fixed as does the drain.  Ask the court to allow you to pay your rent in to court and to allow an abatement (reduction) of the rent for the time the problems exist.  Ask the court to void the lease if the problem is not cleared up with in the time the court determines is reasonable.  Good luck.


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