Legal Question in Landlord & Tenant Law in District of Columbia
Health code violations and rent payment
My apt. is on the top floor(5th). A brief list of health code violations include: REPEATED days without heat 11&12/05), a hole in my bedroon ceiling (@least 12x10 in measurement)which left me exposed to the roof, resulting in bird feces dropped in my bedroom, horrible odor, roaches falling on my bed, & old insulation droppings. I have picutes of the hole & the dropped insulation. I have made numerous calls to the emergency number the management co. provides for the lack of heat which only resulted in someone calling back & saying ''could you deal with it for the night..)This was the response on at least 2 occasions. Concrning the hole, they simply said they can not seal it until the heating duct is placed. A health code inspector happened to come by & told them to immediately seal the hole, WHICH THEY DID NOT. Witnesses can attest to this. Due to these circumstances, I often stayed with peers instead of where I pay rent. Other problems included: almost a year without an elevator, huge hole in my kitchen which I had birds walking uoon a plastic bag covering the hole (which is what their remedy was). I have refused to pay the last 2 months rent & moved out. What can I do about not paying the rent & or sueing for damages?
1 Answer from Attorneys
Re: Health code violations and rent payment
You may have a "constructive eviction" defense. This means that you were essentially forced to vacate. You might also have consequential damages and the right to recover any actual costs for having to relocate. Some of the violations may have statutory remedies as well.
Robert J. Strupp
Attorney at Law, PLC