If my toilet is not working properly and the water bill is too high but the landlord ignores problem, can I get out of my lease?

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If my toilet is not working properly and the water bill is too high but the landlord ignores problem, can I get out of my lease?

Asked on May 29, 2012 under Real Estate Law, Alabama

Answers:

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

Answered 9 years ago | Contributor

You have two different - but may be connected - problems.  If the toilet does not work properly that is known as a breach of the warranty of habitability.  That breach will allow you go to landlord tenant court and ask them for help. You can ask the court to allow you to start a proceeding against the landlord for the breach and to pay your rent in to court and to reduce your rent.  Now, if the toilet say runns excessively then the water bill could be high. You yourself can not just break the lease.  The court must declare it void. The landlord will not ignore the court. Good luck.


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