Do I have a right to break my lease due to safety issues?
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Do I have a right to break my lease due to safety issues?
My complex has had 2 major electrical fires and my waterheater had an electrical fire last night.
Asked on April 3, 2012 under Real Estate Law, Kansas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. Safety issues such as the electrical fire would constitute a breach of the implied warranty of habitability.
When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs (contact an electrician) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is for the tenant to sue the landlord for breach of the implied warranty of habitability. The tenant can also contact the local housing code inspector, who can pursue an enforcement action against the landlord for code violations.
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