Is the my month-to month lease broken if the landlord shut off water 3 times in the last 4 months without notice?

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Is the my month-to month lease broken if the landlord shut off water 3 times in the last 4 months without notice?

My landlord has given no notice in the last four months when they shut off the water. We called the water department once during a shut off and said there is no watermain break or emergency. Is this considered a broken lease?

Asked on June 25, 2012 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on the circumstances. If these were prolonged shut-offs, especially without good justification, then they may constitute a sufficient breach of the implied warranty of habitability as to justify either your terminating your rental and/or seeking monetary compensation. On the other hand, brief shut-offs, and ones for which the landlord has good cause--such as plumbing work or other consturction/maintenance--would not violate this warranty.

If you are on a month-to-month lease and wish to leave, you could provide a month's notice and terminate your tenancy; the definition of a month-to-month lease is that it can be terminated on one month's notice.


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