I'm not paying because in the contract it says that within the first five months, my kitchen floor will be replaced, my broken dishwasher will be replaced, and my closet door will be fixed. It has been seven months and I am withholding my rent. I just got a letter saying that if I don't pay withing the next month, I'll be kicked out. Should I have my lawyer do something or what?
2006-06-15 07:24:14 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Also, just for clarification, I live in Chicago, Illinois and the manager is a she, not he like said in one answer.
2006-06-15 07:36:40 · update #1
You can legally stay in the apartment, and you most definetly should have your lawyer involved. If said landlord is in breach of the contract, you do not have to pay rent. Your lawyer may advise you to pay anyway, just to make you look good (if/when it goes to court), and if so - do it. But without a doubt, get a lawyer involved. Cases like this can be very, very tricky, especially if a property management company is involved. (The property managers usually have pretty good lawyers!)
2006-06-15 07:32:07 · answer #1 · answered by Hula77 1 · 1⤊ 0⤋
I think u need a lawyer or may b u can get free service from local bar association or look for prairie legal services.
u can send him a reply saying that this needs to be done as per contract and the repair work is not done.
I could be wrong but u can't live there without paying rent regardless of the situation. U may be have rights to get it fix and send bill to him or u can break the lease. don't count me on this.
2006-06-15 07:31:27 · answer #2 · answered by Ted 4 · 0⤊ 0⤋
Legally you can not just withhold your rent. They will file in court and the judge will decide in their favor and you will have a judgment against you. What you need to do is serve (either in person or via certified mail) a 10-day non-compliance to your landlord. You need to list what is wrong in your apartment and state that they have 10 days to remedy the issues. If they do not, then you will have a case. Before you send them the 10-day, make sure you take pictures of the repairs needed. My advice to you is to get them the 10-day notice before they file in court for the eviction and DOCUMENT everything. Good Luck!!
2006-06-15 07:39:54 · answer #3 · answered by AmINormal 1 · 0⤊ 0⤋
As a matter of withholding rent you typically would have to put the amount you would be paying for rent into an escrow account to show that you are not just withholding rent because you either can't or don't want to pay.
2006-06-15 11:23:54 · answer #4 · answered by grizzliesgurl 4 · 0⤊ 0⤋
Just call him on the phone and tell him straight-up that he *has* no choice but to honor the deal, especially if its in writing. If he acts like a scumbag douche-clown, as would most landlords, then simply call youre attorney and I promise you the problem with be solved virtually in minutes. The problem, of course, is that after you do this, he WILL make youre life a living Hell for the rest of the time that you live there, unless your attorney puts the Fear of God in him. Hot Damn.
-J.
2006-06-15 07:30:25 · answer #5 · answered by Jason 4 · 0⤊ 1⤋
Go to www.hud.gov or call them at 800.569.4287. This is the Dept. of Housing and Urban Development. They have an entire section on tenant rights for each state.
2006-06-15 07:29:07 · answer #6 · answered by KL 5 · 0⤊ 0⤋
sounds like you need to move anyway, if they will not live up to their maintenance requirements for that rental, you need to move out and get a better place!
2006-06-15 07:29:57 · answer #7 · answered by Pobept 6 · 0⤊ 0⤋
You got you a case so call your lawyer ASAP!!!!!!!!!!!!!!!!!!!!!!!!!!!!
2006-06-15 07:32:48 · answer #8 · answered by dirt29180 3 · 0⤊ 0⤋