Can my landlord take our only bathtub with out leaving a replacement tub as promised and leaving exposed plumbing?

Asked over 1 year ago - Logandale, NV

. There was a leak at claw foot tub damaging tile and floor boards. They said they would fix it many times but simply wont. So they decided they wanted the tub and would bring another one. They came unannounced a day early. No adults were home they walked thru,
Questioned the kids & took the tub that we set out knowing were bringing another one . They still have not replaced r tub, leaving exposed plumbing. A bathtub is essential to our blind and severely handicapped 9yr old little girl. They know she is terrified of the shower and has actually hurt herself and others wailing and fighting from shear fear while showering. For several weeks now we have had to take her neighbors and friends homes to bathe her.

Attorney answers (2)

  1. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . A tub is likely part of what you rented, and removing it without replacing it in a reasonable amount of time changes the premises from what you rented.

    On the other hand, it would not be necessary that the removal and replacement be simultaneous.

  2. Thomas D. Boley

    Contributor Level 14

    Answered . There are two standards:

    1. What is the value of the rental unit? Removal of a bathtub would reduce the value of the rental unit. You could renegotiate the rent or perhaps get a discount for the time the bathtub is gone.

    2. Is the unit habitable? You would have an argument if you were not able to bathe, but it sounds like you have a shower. Special issues like your daughter would not matter unless outlined specifically in the ADA. Your unit is habitable, so you cannot stop paying rent.

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