What can the tenant do if the landlord refuses to maintain the premises?
If tenants take the landlord to court for failure to maintain the premises and make repairs, the tenant can pursue three possible legal paths:
A tenant might argue the concept of the implied warranty of habitability, which was established by tenants attempting to force landlords' substantial compliance with local housing codes in court.
Many local landlord-tenant ordinances permit the tenant to seek a court order if the landlord fails to maintain the premises. The legal standard for the landlord to obey may be strict compliance with the city codes. These ordinances may also require the landlord to pay the tenant's lawyer's fees.
A number of state statutes on consumer fraud include the landlord-tenant relationship. Under these laws, it is fraud for a landlord to rent premises in defective condition. The legal premise behind fraud is that the city prohibits the landlord from renting substandard units but the landlord is doing it anyway. The statutes often provide for punitive damages and for the landlord to pay the tenant's lawyer's fees.
American Bar Association Family Legal Guide Copyright © 2004 American Bar Association