What to do if my rental flooded and the landlord has not fixed the water damage?
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What to do if my rental flooded and the landlord has not fixed the water damage?
My carpet is ripped up and staring to smell. It’s been 3 months and I’m worried mold might be forming. Then the real estate agent made an unannounced visit to my house to berate me about rent being due when in fact we had already paid. I want to break my lease. Nothing is being fixed and I’m still being hassled to pay my full rent.
Asked on January 26, 2012 under Real Estate Law, Georgia
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 state and local housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done 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 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 to sue the landlord for breach of the implied warranty of habitability. The flood damage and the odor and potential mold would be a health issue and therefore would constitute a breach of the implied warranty of habitability.
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