What Should You Do if Your Apartment is Uninhabitable?

One of the primary duties of a landlord should be to ensure that his/her property is safe and comfortable for tenants. Unfortunately, some landlords fail to keep up with this responsibility, resulting in their apartments becoming unsafe. But what exactly should you do if your apartment becomes uninhabitable?

The Responsibility of a Landlord

Landlords are legally required by something known as the implied warranty of habitability to ensure that their property is adequate for human habitation. This means that it must be free of any known hazards, it must have access to basic utilities like heat and water, and it must not have any infestations of rodents, insects, or other pests. In addition, if any of these issues are discovered, the landlord is responsible for ensuring they are handled in a timely manner.

How Your Apartment May Become Uninhabitable

There are many ways that an apartment may become uninhabitable. Usually, it is the result of simple neglect such as: a landlord procrastinating to call a handyman to repair broken appliances or utilities, or failing to address an infestation when it is reported. Other times, it is more deliberate, with landlords intentionally turning off utilities or harassing their tenants to try to force them out of their apartment.

The Impact of an Uninhabitable Apartment

When your apartment becomes uninhabitable, it can not only become uncomfortable, it can be literally life-threatening. If you have a hole in your floorboards and your landlord refuses to repair it, for example, someone may trip or fall through and injure themselves. Likewise, if your heat isn’t working during the winter, you can suffer from hypothermia or frostbite and it can become incredibly costly to find alternative accommodations if you can no longer live in your apartment.

What You Should Do

If your landlord has caused your apartment to become uninhabitable, whether due to negligence or intentional misconduct, you have potential legal options available to you. However, to know what those options are, you should speak to a lawyer with experience handling landlord-tenant disputes. They can help guide you through your case and ensure you get the best possible outcome for your situation.

If you are in a dispute with your landlord and want to know more about protecting yourself, do not wait until it is too late. You should seek advice from an attorney experienced in handling landlord-tenant disputes, who can advise you on your rights and help you avoid the risk of eviction. Contact the skilled landlord-tenant attorneys at Hobson-Williams, P.C.  Contact us online, toll-free (866) 825-1529 or (718) 210-4744 to discuss your rights and the solutions available to you.

Author: Tanya Hobson-Williams

Appointed to the bench by the Board of Trustees in 2008, and elected in 2009, Tanya Hobson-Williams was the first African-American Female Justice in the Incorporated Village of Hempstead. Tanya Hobson–Williams obtained her B.A. in Government and Politics from St. John's University and her law degree from Benjamin N. Cardozo School of Law. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concerns to families caring for the elderly.

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“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”

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