You can not make that determination yourself. Only a court can.  But you have a lot of issues here - even one called "constructive eviction" may apply under the law in your state.  What you should do is go down to court and ask to pay the rent in to court until the matter is resolved and for an "abatement" - reduction - in the rent until it is resolved.  You would start a proceeding indicating that the house is "uninhabitable" at the time being.  Good luck.