By: anonymous

anonymous — Wed, 21 Jan 2009 00:44:19 +0000

Scott is right about your landlord. It seems they have breached the implied warranty of habitability. You should be able to vacate or demand timely repairs. I would avoid hiring an attorney, it will probably add to your frustration. If the RPA landlord complaint (mediation) doesn’t work, you should be able to take your landlord to small claims court– of coarse as a last resort. Try the complaint first.

By: Scott

Scott — Tue, 20 Jan 2009 20:28:35 +0000

Hi Amy,
Wow, you sure have gone through a lot of problems. In fact there are specific laws that protect you from having to remain in the home, however it sounds like you need a place to stay and are more concerned about fixing the problem than moving, right?
On this Renter advice blog I commonly see renters throw out a legal term: “Warranty of Habitability” or they claim a “Breach of warrranty of habitability”
Usually there claims are not considered a “Breach of warranty of habitability” as they claim. To understand better, every landlord that chooses to rent out a property is automatically responsible for providing a safe and habitable place. The government will not allow a landlord to rent out a dwelling that is un-safe or non-habitable.
Based on what you’ve described, it sounds like you are living in a home that would fall under the guidelines of un-inhabitable, and therefore should be able to prove a breach of contract. This breach can allow you to vacate the premise without further legal damages or penalties. But just because you are a victim of such, doesn’nt give you the automatic right to move. For that you will need to create a legal paper trail.
TO FIX THE PROBLEM:
It’s obvious the landlord is failing to comply with their responsibilities to provide a habitable rental home, so now you need to see that your rights are being met… To do so, you will most likely need the help of professionals. The best option would be for you to hire an attorney, however this is costly and can take forever. The next best option to dealing with a rental problem is to file a complaint through the Rental Protection Agency. The Agency will put you in touch with an investigating agent whom will work to help resolve the problem. The process the RPA uses is “Landlord Mediation,” the mediation is technically free, but you will have to come up with a $35 processing fee.
That’s what I suggest! Good luck to you! God bless.

By: amy taylor

amy taylor — Tue, 20 Jan 2009 17:14:39 +0000

also it says im in CA but im not im in Indiana.

By: amy taylor

amy taylor — Tue, 20 Jan 2009 17:13:57 +0000

ps i call this woman quite a few times a day about all the problems.

Comments on: Just moved in…

By: anonymous

By: Scott

By: amy taylor

By: amy taylor