Chicago, IL asked in Energy, Oil and Gas and Landlord - Tenant for Oklahoma

Q: What do I do? I'm pregnant the landlord is not doing their job to fix things.

We moved in Bradford Square Apartments September 14th and still nothing has been fixed I'm pregnant and have been breathing in gas and a rotten egg smell the carpet was not cleaned there's mold behind the toilet we went a whole month without hot water til the hot water tank busted then they finally replaced it the toilet was rusted out the sink and tub has paint peeling they've hooked the porch light and ceiling fan to the dining room to the same switch which I feel is a fire hazard we've been through 4 apartment managers since we've been here and can't get anything fixed by no one we're not allowed to speak with corporate and I don't know what to do

1 Lawyer Answer
Kyle Persaud
Kyle Persaud

A: Realistically, you may not be able to get anything fixed within the time necessary. Your best bet may be to move out of your apartment.

If you can't afford to move out now, here is, I think, your best option: Write a letter to your landlord. In your letter, list all the problems with your apartment. Tell your landlord that you are pregnant and need these fixed. Tell your landlord that he has violated the "implied warranty of habitability." Tell your landlord that if these problems are not repaired within 1 week, you will file a lawsuit in court.

Under common law, in every lease agreement there is an "implied warranty of habitability." "Implied warranty of habitability" means that, if a landlord is leasing property to you, it is implied that the landlord is guaranteeing that the property is livable. If a landlord violates this guarantee, you can sue him. Common law holds that, even if an implied warranty of habitability is not mentioned in the lease agreement, the implied warranty still exists as a matter of law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.