Landlord breaking a lease.

UPDATED: Oct 1, 2022

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Landlord breaking a lease.

We have been on year lease and back on August 19, 2017 I emailed the landlords to inform them that there is mold in the children’s room and the kitchen tiles are breaking due to the uneven floor. the house is moving which the children can cut their feet on. I placed a runner rug over the major part, but there are still other parts of the floor that is breaking. The roof leaks and drips and has created a tiny hole in the ceiling. I have had roofers come by and gave the landlord the information. They emailed me back about the roofer coming out to look at the roof. The landlord emailed me back stating that the roofer couldn’t come into the house. I asked why did they have to come in if they are looking at the roof? I haven’t heard back from them over these concerns and I also sent them pictures of everything. Would I be able to say that they broke the lease because of the conditions?

Asked on April 20, 2018 under Real Estate Law, Kentucky


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue your landlord for breach of the implied warranty of habitability for the housing code violations you mentioned. It would be advisable to contact your local building inspector to document the housing code violations. The building inspector can take action against your landlord to compel the landlord to repair the place to comply with the housing code requirements.
Another alternative for you is to terminate the lease and move out due to the landlord's breach of the implied warranty of habitability.
Another option is to refuse to pay rent and defend against eviction due to the landlord's breach of the implied warranty of habitability.

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 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.

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