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Re: What is "Habitability"?

Posted by BONSAI on June 24, 2001 at 22:54:35:

In Reply to: What is posted by Kay on June 24, 2001 at 17:28:06:

You're post leaves out a lot of information, like where you are, and how this damage occured.

But you've got to realize that landlords cannot just wave a magic wand and get things repaired. It takes time to assess damage, assemble work crews, order materials, and undertake repairs.

So the time frame the landlord gave you is not unreasonable. Expecting him to reduce your rent is unreasonable, particularly if the damage was caused by an "act of God" (flooding, etc). The landlord is already spending subtantial money to repair your apartment.

You might, however, speak with the landlord before the repairs have commenced. You have the chance to talk with him about your preferences in carpeting, padding, color schemes, and other matters before he orders supplies and has them installed. So let your preferences be known.

: I've been reading previous messages, which often mention "warranty of habitability ". But what are the limits of "habitability"? It's clear that no heat in the winter or a broken front door clearly fall into these limits, and cosmetic problems would not.

: But my problem falls in the middle, in my opinion. My carpets were soaked, and they were finally removed but now I'm left with bare concrete. The concrete isn't even finished but is broken, cracked and filthy dirty (and I haven't been able to get it clean), there are nails sticking up around the edges of the rooms, the furniture has been moved twice and all my things have been pulled out and thrown everywhere (which will happen again when they put in the new carpet) and I have no idea when it will be fixed.

: The current estimate from the landlord is 3-4 weeks. I think I ought to get a break on the rent at least for living in this condition for a month, but I'm not sure if this qualifies under warranty of habitability or whether it's just considered cosmetic and the landlord has 30-60 days to make repairs. Before I make the case to my landlord I'd like to have an idea where I stand.

: Kay

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