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.
Answered on Jan 12th, 2011 at 9:58 AM