Have a Habitability Problem? Take These 3 Initial Steps

Whether it’s ignoring a reported bug infestation or leaving electrical wiring dangerously exposed, a landlord’s failure to make necessary repairs may render the premises uninhabitable. Although there are many legal remedies available for a breach of the warranty of habitability, your initial duties as a tenant’s attorney is to simultaneously safeguard the tenant’s well-being and preserve any relevant claims. Whatever legal course of action you ultimately choose, take these three preliminary steps to protect your client and his or her potential remedies: Collect evidence of the defects.  Photographs and Videos. Document the cause and extent of the problem. Make copies of any photographs taken for future use as trial evidence. Video evidence may be particularly compelling, depending on the nature of the defects (e.g., leaking roofs, roach nests). Estimated Costs. Instruct the client to itemize losses suffered and to estimate the cost…

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