What recourse do I have against my landlord who will not repair health hazzards in my home?

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What recourse do I have against my landlord who will not repair health hazzards in my home?

I have a severe heart condition and other health problems. Her answer so far is for me to leave the premises.

Asked on June 18, 2015 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Certain of the hazzards may be violation(s) of the housing code. Try calling your local housing/building department and lodging a complaint; an inspector may come out and, if any issues do violate code, issue a summons against your landlord.

If you believe that the hazzards truly do affect habitability (the ability to safely live there), you can withhold rent, after which the landlord will (presumably) try to evict you for nonpayment of rent. You would then raise the lack of habitability as the reason for nonpayment, since landlords are obligated to provide premises which are fit to be lived in. Have the withheld rent money available, in case the court wants you to deposit with the court while the matter is decided, or finds against you and requires you to pay the landlord.


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