I have been living here for 6 years and in the last 2 to 3 years the tub/shower has lost about half it's tiles. They are still laying in the tub. The roof leaks in my dining room, causing plaster and water to drop whenever it rains. The basement steps are wood and some have become unsafe. All these things my landlord is aware of and I have been asking when they will be fixed. I usually get either a " yes we will get to it this week" or "we have to wait on the plumber or roofer". HELP!!!!!!!!!!!!! Has anyone been through this and if so, how do I handle it??????????????
2006-06-28 05:26:43 · 8 answers · asked by snug_l_bear_1977 1 in Home & Garden ➔ Maintenance & Repairs
Depending on what state you live in there are 'renters associations' or 'renter abritrators' (look in the phone book). You must pay your rent but you can give it to one of these associations and they hold it in 'escrow' until the repairs are made. But you MUST pay the rent or the landlord can evict you. These associations help with all landlord/renter problems and were extremely helpful when I had the same situation many years ago. I paid them my rent and they held the money until the repairs were made and they also did all the talking with the landlord and I didnt have to worry about anything.
2006-06-28 05:35:43 · answer #1 · answered by ferrets33 1 · 0⤊ 0⤋
Your best bet is to check with the county housing authority in your area. I know in some states that what you have to do is get together a list of the things that need to be repaired (that the landlord is legally responsible for) and send it to him in a certified letter with return receipt requested (so that you have proof he received it) if after 30 days he doesn't respond and hasn't done anything about the repairs you can legally have the work done yourself and withhold giving paying the rent until the amount you paid for repairs is paid up. Like i said...it's different in each state and sometimes counties so find the agency in your area that deals with landlord/tenant rights...theymight even send you a copy of what rights you have and the landlord has. and then go from there.
After rereading your post, if there is alot of leaking in the roof it could be causing mold in the attic area which could become a health risk. Maybe the health department could help you with that as well?
2006-06-28 12:32:31 · answer #2 · answered by swt_tulips 2 · 0⤊ 0⤋
You MUST be absolutely sure of the laws in your state. The only legal way to withhold rent that I am aware of is to put your rent payment in escrow, an account at the bank that specifically holds the full amount of rent until the repairs are made. If you do not put the rent money in escrow, the landlord has the legal right to evict you for nonpayment of rent, and the courts will side with him, even though there were repairs outstanding.
I stress to you that you MUST be within the confines of the law within your own state. This is easy enough to find out online, and while you're at it, check your state's state site for renter's rights.
I have been through this a couple times and it sure is a pain in the butt. Make sure you have made your requests for repairs in writing, and if you don't, send your landlord a certified letter -- he will have to sign for it, thus giving you proof that he received it -- listing all of the repairs and even the dates you first began asking for him to make the repairs. If you don't have it in writing that you asked, he can deny it.
Hope this helps.
2006-06-28 14:29:14 · answer #3 · answered by Rebecca 7 · 0⤊ 0⤋
Call the Board of Health or Housing Inspector for your city or town (sometimes called "code enforcement"). They will come and examine the premises and issue a repair order to the landlord, which will have a time limit.
If the inspection confirms your assertions, or if you want to proceed without an inspection (dangerous, since you will not have independent expert saying these conditions exist), send the landlord a written notice, certified mail, return receipt (keeping a copy for yourself), and also send a copy by regular mail, in case the landlord is stupid enough to think if he doesn't pick up the certified letter, he can ignore it, list the defects you want repaired and indicate you will be withholding the rent until you can pay for it yourself out of the withheld rent.
The conditions have to be serious, which is a good reason to have the inspection done. They'll say if the conditions are severe.
2006-06-28 12:38:10 · answer #4 · answered by thylawyer 7 · 0⤊ 0⤋
In Missouri, I don't know where you live, you have to make it in writing a certain number of times (best to get sent certified mail too so there's a record), and then you have to put the money in a separate account and not touch it. Check with your state's landlord tenant laws- easiest way to do that is to Google and type in (whatever state you live in) landlord tenant laws. Also, the problems you are having are really major, call the health department if you're noticing mold from the water leaks, and call your city/county courthouse and see if you can get the building commission in. The problem with that is if they consider if unlivable or unsafe you have maybe an hour to get your stuff out before it's condemned and you are SOL on getting to your things.
2006-06-28 15:56:00 · answer #5 · answered by banshee 4 · 0⤊ 0⤋
Wow, that is a bad situation. Most likely you cannot legally hold back you rent because of the contract you signed. However, you can call a local government agency and ask them to inspect the house and enforce the local laws regarding leasing agreements. By law, the landlord is required to take care of those things in a timely manner. Open up the blue pages in your phone book, and look to the city or county agency that deals with homes and/or inspections and tell them what you problem is. They will help you or direct you to someone who can.
If all else fails, you will have to take your landlord to civil court.
Hope this helps and God Bless!
2006-06-28 12:35:12 · answer #6 · answered by chemical_kenny 2 · 0⤊ 0⤋
You can withhold the rent but it is best to check with your local government first. Your rent can be held in an escrow account till the repairs are done.
This way your rent IS paid on time,but landlord doesn't get it until work is done. It's a way to protect you from eviction for nonpayment of rent.
2006-06-28 12:32:40 · answer #7 · answered by Miss Smartypants 3 · 0⤊ 0⤋
yes you can you can put it in escrow intil the repairs get made, go to your local court house and request an escrow account for rent repairs.
2006-06-28 13:01:02 · answer #8 · answered by bustersthe1 1 · 0⤊ 0⤋