Is there a law about leaving a disabled tenant without running water or at least an alternative place to stay with running water for 5 days?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a law about leaving a disabled tenant without running water or at least an alternative place to stay with running water for 5 days?

A pipe burst in my basement that sent me to the hospital with a major anxiety attack. The landlord then texted my son and said her partner in business and her family would be out of town for a wedding and that I would be without water for the weekend. This was on Friday and was not repaired until HUD again contacted her on Tuesday. I am disabled and had to resort to staying with my mother and son in her 1 bedroom apartment. I need to know if this is legal and what can I do about it?

Asked on October 5, 2011 under Real Estate Law, Iowa

Answers:

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

Answered 12 years ago | Contributor

I am so sorry about the problems that happened.  The landlord breached what is known as the warranty of habitability, which is a warranty that states that the apartment that you occupy is fit for occupation.  An apartment with out running water is not fit for occupation.  I think that you can ask the court to allow you an abatement  - reduction - of your rent for the time that you were out and inconvenienced.  Now that the problem is fixed I do not think that you can ask to have the Court declare the lease void.  Had they not fixed the problem them maybe that would have been an option.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption