What are a tenant’s rights regarding health and safety issues/violations?
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What are a tenant’s rights regarding health and safety issues/violations?
1) We have mold growing rapidly in our bathroom, due to a molding window frame that is not sealed or finished. 2) We have mice, due to small holes and cracks in the hardwood floor and trim. 3) Our front stairs are not of legal size and we have fallen down them multiple times. 4) The locks on our windows do not work and we are on the first floor without bars on the windows. 5) There is a ceiling fan in 1 of the bedrooms (installed by landlord god knows how long ago) that is dangling from above our bed. We have brought these issues up with our landlord approx. 4-5 times, given him 2 letters.
Asked on August 7, 2011 New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The fact is that every residential lease contains what is known as the "implied warranty of habitability". Basically, this is a guarantee that a tenant will have a clean and safe premises in which to live. Accordinly if a rental is not clean and safe (i.e. habitable) a tenant has certain rights, namely they can:
- Repair and deduct (fix the problem and have the landlord reimburse them);
- Withhold rent (don't pay rent until the repairs are made); or
- Terminate the lease (and hold the landlord liable for reimbursement of moving and related any expenses).
However before attempting any of these self-help remedies, you need to consult with an attorney who specializes in landlord-tenant cases, or you can contact a tenants rights organization for help. If you fail to follow the proper legal procedures, you could find yourself in legal trouble as well.
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