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taken care of well enough to have people live in it?

2006-06-28 05:04:58 · 6 answers · asked by dsgc05™ 6 in Politics & Government Law & Ethics

6 answers

wow it looks like some people really know how to copy and paste

hey look if you rent and want out put ur qualms in writing!!! send three times. after that you can pretty much get what you want. its called the 'right to quiet enjoyment'. everyone hears nagging from phone calls but doesn't really listen!!!

after 30 days no answer write another letter of non compliance to landlord responsibilities, stating breach of contracted lease. in the letter state next option is for them to let you out of your lease!!! your free hooray!!

if they don't let you out.....(their just stupid and stubborn)

once you've established the written portion, forward it on to your local code enforcement dept. either done by housing authority or dept of children and families. after that sit back it becomes a state issue.. all you have to do is answer some questions if they call you to testify..

2006-06-28 09:51:35 · answer #1 · answered by jennooon 2 · 2 0

If there are legitimate inhabitability issues you may be able to move out an claim "constructive eviction" or breach of "implied warranty of habitability". See the statute and/or caselaw of the state you live. Or, talk with a real estate attorney.

T= tenant, L= landlord

Constructive eviction: In common law, T can raise the defense of "constructive eviction" - he can terminate the lease if he can show that the premises are virtually uninhabitable. But he can only assert constructive eviction if he first leaves the premises, something which a poor tenant in uninhabitable residential space can rarely afford to do. [209]

B. Modern implied warranty of habitability: But today, the vast majority of states (either by statute or case law) impose some kind of implied warranty of habitability. That is, if L leases residential premises toT, he impliedly warrants that the premises are in at least good enough condition to be lived in. If L breaches this warranty, T may (among other remedies) withhold rent, and use the withheld rent to make the repairs himself. [210]

1. Waiver of known pre-existing defects: Some (but by no means all) courts hold that if T knows of the defect before he moves in, he will be held to have waived the defect, so that the implied warranty of habitability does not apply to that defect. (If the defect is one which T neither discovered nor reasonably could have discovered before moving in, then all courts agree that an otherwise-applicable implied warranty of habitability protects T against the defect.) [211 - 212]

2. Standards for determining "habitability": All courts agree that the existence of a building code violation is at least evidence of uninhabitability. However, most courts require that to prove uninhabitability, T must show that the conditions not only violate the building code, but are also a substantial threat to T's health or safety. (Conversely, most courts hold that if conditions are a substantial threat to T's health or safety, the warranty is breached even if there is no building code violation.) [213]

a. Relevance of nature of building: Some (but not all) courts hold that the age of the building and the amount of rent charged may be considered in determining whether there has been a breach. Thus a given condition might be a breach of the warranty as to a new luxury high-rise, but not as to an old low-rent structure.

2006-06-28 12:30:08 · answer #2 · answered by bestanswer 2 · 0 0

you need to contact your local housing authority, the zoning inspecter, and the department of health and human services. then find a new place to live, the landlord is unreliable to continue to maintain the property over time with out supervision.

2006-06-28 12:14:42 · answer #3 · answered by kevinrmortensen 2 · 0 0

Housing Authority...also your County's health department may be able to help.

2006-06-28 12:18:54 · answer #4 · answered by WBrian_28 5 · 0 0

try the housing authority in your area

2006-06-28 12:08:24 · answer #5 · answered by Anonymous · 0 0

try the mayors office, if they don't handle this type of issue ask them who does.

2006-06-28 12:09:48 · answer #6 · answered by LittleLady 5 · 0 0

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