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Know your state's landlord/tenant laws. Read and respond to the court summons. Try to work out a settlement. Consider legal counsel. Show up for court. Look sharp and provide evidence.
The NSW tenant factsheet states that urgent repairs, including blocked toilets, are the responsibility of the landlord. When urgent repairs are required, the tenant must notify the landlord as soon as possible - preferably in writing.
If your landlord breaches the warranty of habitability or the warranty of quiet enjoyment, you may be able to sue her to recover monetary damages.In some states, such as California and Arizona, you may be able to seek emotional distress damages if the landlord's actions were particularly egregious.
If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.
If there is a problem, such as a burst pipe resulting from the landlord's failure to maintain the property, the tenant cannot be held responsible. If a tenant has detected a problem and reported it to the landlord, it is the owner's responsibility to fix them.
The landlord receives written notice of the existing violations from the inspecting agency; and. The landlord is given five days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs.
Duty to provide habitable premises You must provide habitable apartments and common areas for the entire tenancy in accordance with the minimum standards of the State Sanitary Code which seeks to protect the health, safety, and well-being of your tenants and the general public.
When you rent, your landlord is responsible for maintaining the functional aspects of your home such as plumbing, electricity, and heating. Landlords must also generally take action when flooding, a clogged pipe, pest infestation, or other problems occur.
As stated in the Landlord and Tennant Act 1985, it is the landlord's responsibility to maintain their drainage, pipes and other areas of plumbing. If a drain becomes blocked through tenant misuse however, then the tenant is liable for the cost of repairs.