Breach of Habitability

Tenants may bring breach-of-habitability claims against landlords who fail to comply with their legal obligation to provide a habitable environment.  A court action may be required particularly for those cases in which the conditions are severe, such as when raw sewage regularly backs up into the unit or when the owners stubbornly refuse to provide heat.

 

In some cases, tenants may already have vacated the property as a result of extreme conditions. They may even claim that their increased rent at a new location is a result of having been “constructively” evicted. Their best witness will be the local city building inspector who may issue a citation for housing- or health-code violations.

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