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Jessica
Consultant
Lori, Expert
Hello. Let me see if I can assist. Give me a moment to review and type my reply.
Lori, Expert
A landlord can enforce the lease for payment. However, a tenant can make demand for repairs and maintenance to make the property habitable. If the landlord refuses, the tenant can make the repairs and deduct from the rent or give notice to the landlord that the tenant is withholding rent.
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with state and local housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs (call someone to fix the water damage/mold) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. The condition you describe is a health and safety issues which constitute breaches of the implied warranty of habitability.
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Lori, Expert
You can withhold rent with notice to the landlord (parents) for failure to maintain or repair. You can move out or you can just stop paying rent by serving written notice due to the lack of repairs and maintenance. The property owner/landlord has the obligation to repair. Your written notice will put them on notice of the conditions and why you are not paying rent. You can use that in court if needed later on. You should not just stop paying rent with this notice.
Lori, Expert
You are welcome.