questions & answers

Question: My apartments got flooded due to a water heater from upstairs complex. Water was every were living room both bedrooms carpets wet coaches. The humidity is bad. Landlord stated they can not work on it until it drys in the mean time were do I stay. I have baby. Mole will start growing. This happen in morning 4pm came nothing has been done not even a fan to help dry it. What options do I have. It was not my fault.

Answer: Landlord has a duty to maintain the rental unit. If the rental unit has been made uninhabitable as a result of flooding not caused by the tenant, the tenant can do one of two things: 1) immediately move out of the rental and notify the landlord in writing within 14 day after moving of the tenant’s intention to terminate the rental agreement. After sending notice, the rental agreement terminates as of the day the tenant moved out. 2) Stay in the rental if that is lawful (this may require that you have the rental inspected by city housing code enforcement) and move out of any part of the rental you cannot live in because of flooding. The tenant’s responsibility to pay rent is reduced by the reduction in the fair market value of the rental. In either case, you should have the rental inspected by City Housing Code Enforcement to first determine if the rental is uninhabitable. City Code Enforcement may assists you with getting the landlord to make the repairs as well. Hope this Helps!