What are a tenant’s rights if they are being sued for eviction forunpaid rent but their living conditions are unsafe?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a tenant’s rights if they are being sued for eviction forunpaid rent but their living conditions are unsafe?
There are unsafe living conditions in my apartment that my landlord won’t do anything about. We haven’t paid him rent and now he is taking us to court for eviction. Is there anything that I can do?
Asked on July 29, 2010 under Real Estate Law, Rhode Island
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In every lease there is an implied warranty of habitability which means that the premises must comply with local or state housing codes. This is a health and safety issue regarding the unsafe living conditions. You can sue the landlord for breach of the implied warranty of habitability. A breach of the implied warranty of habitability allows the tenant to withhold rent and either move out or stay and defend against eviction. Your defense to eviction is the landlord's breach of the implied warranty of habitability. You might be able to file your lawsuit in Small Claims Court unless your state has a special court for landlord/tenant disputes. If the landlord has already filed the lawsuit for eviction, you should respond in the same court where that original lawsuit was filed.
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.