My husband and I leased an apartment on April 1, 2015, when we moved in we realized the sink was leaking and the garbage disposal was broken. The property manager sent someone out to fix the problem and in the process found out that the dishwasher was also broken. The sink and garbage disposal were fixed but we had to inform the property manager about the dishwasher and find out what he wanted to do. May 16, 2015 is the last time we have heard from the property manager and that was to tell us that they were going to replace the dishwasher and he would call with more detail. It is now June 29, 2015 and he has not responded to any of our emails or phone calls about the dishwasher and we would really like to get it fixed. What can we legally do?
Partly this depends on your lease, especially about the dishwasher.
Do you know who owns the property? Or is it managed by a big company? You are likely dealing with incompetence more than dishonesty. Read your lease carefully, especially the notice provision. Become a loud squeaky wheel. Write a nice email that says "fix these things now or we will have no choice but to place you in formal default of lease." Send a copy in the manner indicated by the notice section.
The landlord tenant relationship is a relationship. Sometimes it takes active management. Be polite but firm in case you end up in front of a judge. Take detailed notes and pictures when helpful. Good luck!
I'd consider complaining to local housing and a possible lawsuit against the landlord. In my experience, withholding rent merely leads to an unlawful detainer, and you end up getting evicted if the court thinks the problem is minor.
If you pay rent, however, I see no reason why you cannot raise the issue yourself, at least with housing, and if necessary as a separate lawsuit against the landlord. It seems to me that problems with the sink and dishwasher render the kitchen sink pretty much useless, and is at least a partial habitability problem.
DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice. Transmission or receipt of any information from this, or any, website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. The law is constantly changing, the materials appearing on this website are not guaranteed to be up-to-date. The application of law is dependent on the facts of each case, and no two cases are ever similar. It is important that users of this site realize that it is risky to assume that their case is identical to someone else's, without consulting with an attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline