A tenant rents an apartment and discovers that the plumbing is not functional, leaving them without access to running water. The tenant notifies the landlord, but the issue remains unresolved for several weeks. What legal remedies are available to the tenant under the implied warranty of habitability?
The tenant may withhold rent during the period in which the issue is unresolved, pursue damages, or arrange for repairs and deduct the cost after following applicable legal procedures.
The tenant may terminate the lease after notifying the landlord if the landlord fails to address the issue through certain legal procedures.
The tenant may be obligated to continue paying rent but has no substantial recourse beyond negotiating with the landlord.
The tenant may withhold rent temporarily pending resolution of the issue.
The implied warranty of habitability ensures that residential landlords maintain acceptable living conditions, such as providing access to running water. When a landlord fails to address such significant issues after being notified, tenants have specific remedies. These may include withholding rent (often done legally by placing the funds in escrow), repairing and deducting the costs from rent, or pursuing damages. However, tenants cannot lawfully withhold rent indefinitely or bypass necessary procedural steps. Similarly, the idea that a tenant would be required to continue paying rent without any recourse is inconsistent with tenant protections under the law.
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