What can we do if our ceiling fell through? 15 Answers as of January 14, 2011

Our ceiling fell through 2 days before Christmas and we are still waiting for our apartment to be fixed. We are still living in it. Is there anything that we can do?

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Dack Marasigan, LLP
Dack Marasigan, LLP | Martin E. Dack, Esq
Its the responsibility of your landlord comply with all housing, building and health codes and to keep the premises in a fit and adequate condition. I would also advice to get a renter's insurance also.
Answer Applies to: California
Replied: 1/14/2011
Law Office of Travis Prestwich, PC
Law Office of Travis Prestwich, PC | Travis Prestwich
Your landlord has to provide you a safe and habitable premises in which to live. If they cannot do that, i.e. by adequately fixing the problem or moving you to other space, you can terminate your tenancy. You should speak to a lawyer specializing landlord-tenant issues.
Answer Applies to: Oregon
Replied: 1/13/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
You can make a claim to your landlord, this should be his responsibility. I would advise getting renter's insurance also.
Answer Applies to: Alabama
Replied: 1/13/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can stay at a motel and request the landlord to pay for it, if they do not pay then sue in small claims.
Answer Applies to: California
Replied: 1/12/2011
Leone, Throwe, Teller, & Nagle
Leone, Throwe, Teller, & Nagle | Adam J. Teller
Your landlord has the duty to comply with all housing, building and health codes and to keep the premises in a fit and habitable condition. These obligations are a condition upon his receipt of rent. If the ceiling condition is a violation of any of these codes and your landlord is not promptly repairing the problem, you may be entitled to withhold rent, or pay it into escrow, until he does so. However, you should consult with an attorney before withholding any rent as this may lead to an eviction if you are not authorized by law to do so, and not every repair is a code or habitability violation. Also, you should consider asking the local municipal housing inspector to inspect the premises for violations. If violations are found, the inspector will document them and order the landlord to fix them promptly; this may entitle you to reserve some or all of the rent until he does so. Caution: if the inspector finds the premises uninhabitable, he will also order you to move out until they are repaired. Although the municipality may provide you with assistance in finding (and in some cases, paying for - especially if you are in subsidized housing) temporary housing, this could result in even more disruption for your family. Of course, some landlords may retaliate against a tenant who reports problems to the local authorities, but the law prohibits such retaliation. Again, these are issues which you should discuss with an attorney, if possible, before taking any action which could have significant consequences. If you cannot afford an attorney you should try to contact a legal aid organization as many of them do provide advice or representation regarding low-income housing.
Answer Applies to: Connecticut
Replied: 1/12/2011
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