If our house is uninhabitable due to rodent infestation, what do we do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If our house is uninhabitable due to rodent infestation, what do we do?
We have 2 small children. This condition was not disclosed to us.
Asked on April 30, 2011 under Real Estate Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Every tenant has the right to what is known as the "warranty of habitability". This is an implied in every lease and gives a tenant the right to live in a clean and safe premises. Consequently, for a rodent infestation problem you can:
- Repair and deduct - You can fix the problem and then charge your landlord for reimbursement;
- Withhold Rent - You can withhold any further rental payments until the heat is restored; or
- Terminate your lease - You can choose to end your tenancy and move.
You need to be aware, however, that you should first consult with a landlord-tenant attorney before pursuing any of these remedies. If you fail to follow the proper procedures for attempting any of these self-help measures you could be held financially liable. You can either hire a lawyer or contact a tenant's rights organization. Depending on your income, you could also ask Legal Aid for assistance or the state/county bar association. A local law school clinic might also be of help to you.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Every tenant has the right to what is known as the "warranty of habitability". This is an implied in every lease and gives a tenant the right to live in a clean and safe premises. Consequently, for a rodent infestation problem you can:
- Repair and deduct - You can fix the problem and then charge your landlord for reimbursement;
- Withhold Rent - You can withhold any further rental payments until the heat is restored; or
- Terminate your lease - You can choose to end your tenancy and move.
You need to be aware, however, that you should first consult with a landlord-tenant attorney before pursuing any of these remedies. If you fail to follow the proper procedures for attempting any of these self-help measures you could be held financially liable. You can either hire a lawyer or contact a tenant's rights organization. Depending on your income, you could also ask Legal Aid for assistance or the state/county bar association. A local law school clinic might also be of help to you.
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.