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  1. #1
    Join Date
    Dec 2005
    Posts
    2

    Default No more running water - landlord absentee

    I just want to know where I stand here. I've been renting a house that has continually been falling apart since I moved in, so much so that I absolutely refused to sign a paper saying that the house was in good condition.

    Now, two water pipes froze and burst (because the heat broke in that room) and we have no running water (in order to stop the flooding). Our landlord is missing. We cannot live in this house for more that a few days withour toilets, showers, or sinks.

    1. This pipe is part of the house, not an add-on. We aren't going to have to pay to fix it, right?

    2. If he refuses to pay for the water to be fixed, can I sue for my rent and be released from my lease? Is no running water a good legal standing for refusal to live there?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default No Running Water

    In most states, probably all, the failure to provide a tenant with running water can constitute constructive eviction. Check with a local lawyer, but you can probably move out at any time (and demand return of your security deposit) without recourse by your landlord. You may wish to try to have a local government housing inspector review your property, such that there is an official report of the condition of the home in the event that the landlord denies the problems.

  3. #3
    Join Date
    Nov 2005
    Posts
    310

    Default

    Because this is an emergency situation, and you do have a duty to reasonably protect your landlord's property, you could make a minimal repair and reasonably expect the landlord to reimburse you or allow you to deduct it from the rent. I would also feel more comfortable if you verify this is true in your state rather than have you follow what I say blindly or take it as gospel. Since what you have is a less than reasonable landlord, you may want a legal consultation in order to insure you go about this the right. Because time is of the essence, maybe you may a local or state tenant's rights group more readily over the weekend. Assuming you want or need to stay were you are for the time being, you could try code enforcement on the heat problem, but that may bring in the health department which may put you out on a moment's notice. I can't speak for other states, but if code neforcement puts you out in NJ, the municipality or local government must help find you new shelter. If this happens to you, inquire about assistance and don't take no from code enforcement. Verify that the info is correct because the municipality may be forced to pay for the assistance and is therefore motivated to hide the existance of this assistance or make it difficult, if it does indeed exist.

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