Do I have to legally pay rent because of this?

Question

I have lived in this house for three years now and everytime something needs fixed, I tell the landlord. That is what I am supposed to do, right. Anyway the landlords response each time is, "It's not my problem, I don't have to live there." The one time he did buy something to fix the house, he charged me for the parts and labor. I now have two holes in my floor, A back room that is about ready to fall in and is molded, and the entire house needs rewired; the lights dim about 2-3 times per hour. I replaced the hood over the stove because it caught on fire and when i told him about it he said i should have let it burn so he could get the insurance money. I need help, do I have to legally pay rent if he refuses to fix things?

Answer 1

As a general rule, landlords have to meet a threshold requirement of what is called in legalese "warranty of habitability." What does this mean? In short, that there are certain threshold standards a dwelling place must meet in order that a tenant is protected from substandard living conditions. Generally, these involve what may be characterized as health and safety issues.

Your question does not include critical information, i.e., what is the jurisdiction in question? However, my training is in New York law, which basically reflects the standard prevalent hroughout most jurisdictions.

In short, New York law defines habitability in the following terms: "In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties."

Remember first that a lease is a contract; thus, any claim you posit is essentially one of breach of contract. I would also remind you that most jurisdictions have adopted statutory frameworks that favor lessees. There are likely a number of local practitioners or even municipality-sponsored services that will provide you, free of charge, with pertinent information to aid you in your cause of action.

Answer 2

By not maintaining a safe environment, your landlord may have constructively evicted you. It means that the place is so dangerous, your landlord might just as well have barred the door and kept you from entering. He also may have violated the warranty of habitability. Under those conditions, you may be able to move out - even to move into a hotel - and charge the landlord for the cost.

Much, however, depends on the law in your state and the exact wording of your lease. Get to a lawyer, legal aid or (if you are in a city) some sort of tenant's rights association today to learn your rights.

Answer 3

You need to contact the housing authority or something like it. You can also contact an attorney and put the rent in escrow to be paid to the landlord after the problems are fixed. If you just stop paying rent he can take you to court, but if you put the rent in escrow it will show that you have the money to pay the rent but are refusing due to poor living conditions.

He can not charge you for repairs for normal wear and tear on the house but he can charge you for things that you have done to damage the house.

You need to get a hold of someone in the housing office of your local government and get all of this stuff documented as soon as possible.

Good Luck.

Answer 4

I question why you are still living in this house if the landlord refuses to fix things.

If your lease has now gone to a month to month lease, then you should probably give the landlord notice, and then move out. Make sure you keep a record of the repairs he failed to do, because he sounds like the kind of landlord who may try and bill you for the repairs that he has to make after you leave, even if you did not cause them.

It sounds like your landlord may also be in breach of his duty to provide a habitable premises. I would call your housing authority, and/or health department, and ask them to come and inspect. If they delcare the place uninhabitable, then that would allow you to break your lease, most likely. But, you should also be prepared to have somewhere else to live.

Again, I would be looking for somewhere else to live ASAP.

Answer 5

Get the hell out of there before you die! And NO you do not have to pay him ANYMORE rent. Call the Housing Authority and have them inspect the house. No only can you with hold the rent, but you can sue him for unsanitary living conditions. The landlord is not suppose to charge you for ANYTHING that he fixes in your house. That is his job. Do not pay him anymore rent until you call the housing authority.

Answer 6

You may call the landlord and tenant branch of your local government to find out for sure but in most states you may do the repairs and deduct the cost from your monthly rent. Sounds like you have a real winner but if you check your rights as a tenant, he or she is required to fix things.You cannot withhold rent without facing possible eviction and it may show up on your credit rating if you do. Please check what your rights are in your area.

Answer 7

Sounds like a slumlord.
You will have to go to court and they may determine that NO ONE can live there. which might mean you have to move. But you should not have to pay rent and may get some or all of it back if the courts decide it's that bad. Use a public defender, I think think this service is free.

Answer 8

i'm pretty sure ur right, if it's unliveable conditions then u don't have to pay rent.....u should talk to a lawyer instead of this yahoo questions thing and get some legal advise.....cause u may be able to sue him....ur not supposed to pay for the things that need to be fixed when ur renting......ur landlord sounds like a total asshole! good luck!

Answer 9

Tell him if he doesn't fix the things needed for health and welfare, you will report him to the local housing authority. And if you have to spend money to fix the items, it can be deducted from the rent you owe. If the repairs are needed due to your action, then you are liable for repairs. If you have a rental agreement, take it to the fair housing office in your town for review

Answer 10

Call the local Tenent/Landlord Department in your Town/City/County. They are usually located in either the Department of Social Services or the Housing Department. They will be able to help you.