Can I terminate the lease if the repairs where not done properly and still get my deposit back?
Full Question:
I discovered a leak under my kitchen sink that had been leaking for sometime and finally the water came up throught the flooring into my kitchen and living room. Mold started to grow immediately. After being out of my rental trailer for over a week the repairs have been done. However the repairs do not look the same as to when I rented the trailer. The repairs done were not to the same look as to when I rented the property. For instance they replaced a sheetrock wall with plywood and painted it a peach color whereas the original color was off white like the rest of the walls. My question is DO I HAVE TO ACCEPT THIS? and CAN I VACATE THE PREMISES AND RECEIVE A DEPOSIT REFUND? When the leak was discovered I had already paid my rent for the week and was only there for one night. I then in turn had to pay for my things being there while I could not stay there. My rent was one forth of the normal rent for my things to remain there till repairs were completed. Can I recover any of these expenses?
11/07/2007 |
Category: Landlord Ten... ยป Repairs |
State: Tennessee |
#11823
Answer:
The following are Tennessee statutes:
66-28-304. Maintenance by landlord.
(a) The landlord shall:
(1) Comply with requirements of applicable building and housing codes
materially affecting health and safety;
(2) Make all repairs and do whatever is necessary to put and keep the
premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a clean and safe
condition; and
(4) In multi-unit complexes of four (4) or more units, provide and
maintain appropriate receptacles and conveniences for the removal of
ashes, garbage, rubbish and other waste from common points of collection
subject to § 66-28-401(3).
(b) If the duty imposed by subdivision (a)(1) is greater than any duty
imposed by any other paragraph of subsection (a), the landlord's duty
shall be determined by reference to subdivision (a)(1).
(c) The landlord and tenant may agree in writing that the tenant
perform specified repairs, maintenance tasks, alterations, and
remodeling, but only if the transaction is entered into in good faith and
not for the purpose of evading the obligations of the landlord.
(d) The landlord may not treat performance of the separate agreement
described in subsection (c) as a condition to any obligation or
performance of any rental agreement.
66-28-501. Noncompliance with rental agreement by landlord.
(a) Except as provided in this chapter, the tenant may recover
damages, obtain injunctive relief and recover reasonable attorney's fees
for any noncompliance by the landlord with the rental agreement or any
section of this chapter upon giving fourteen (14) days' written notice.
(b) If the rental agreement is terminated for noncompliance after
sufficient notice, the landlord shall return all prepaid rent and
security deposits recoverable by the tenant under § 66-28-301.
66-28-515. Administration of remedies — Enforcement.
(a) The remedies provided by this chapter shall be so administered that
the aggrieved party may recover lawful damages. The aggrieved party has
an obligation and duty to mitigate damages.
(b) Any right or obligation declared by this chapter is enforceable by
legal action unless the provision declaring it specifies a different and
limited effect.