Walk It Through: The Leaky Ceiling
A warranty of habitability, no fee for complaining, and a landlord who tries to rerent.
Water drips through a renter's bedroom ceiling every time it rains, and the landlord does not come to fix it.
Two things a person in this spot might do. Picking one shows what the law says about it.
One apartment and one leak. Rent regulated homes, strikes, and the senior and disability release are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Warranty of habitabilityThe landlord's promise, in every written or oral residential lease, that the home and shared areas are fit for human habitation and that occupants are not subjected to conditions dangerous to life, health or safety.
- Duty to mitigateWhen a tenant leaves in violation of the lease, the landlord takes reasonable and customary steps to rent the home at fair market value or the lease rate, whichever is lower.
- Order of protectionA Family Court order setting reasonable conditions of behavior for no more than two years, or up to five years on aggravating circumstances.