my landlord has not responded to needed repairs in my apartment do i have the right to withhold rent until he?

Question

repairs when he was informed he said it would be in the evening no response since then rent was due on the 1st. do i have the right to withhold the rent till repairs are done--especially the switch tha is sparking

Answer 1

Depends on your rental agreement.

If it states he has a set time to deal with problems, and that time has lapsed, then yes

Answer 2

It is worth noting that under the law, even if you have a claim against your landlord for not maintaining your apartment, you are not excused from paying rent until you take the necessary steps. If you stop paying rent, your landlord could have you evicted. Here is what you have to do to withhold rent or get damages:
1) You must give the landlord written notice of the problems with your apartment. I recommend you send this notice via certified mail, return-receipt-requested. Explain the problem, and tell the landlord that it materially affects your health and safety. You cannot be delinquent in the payment of rent at the time notice is given.
2) The landlord has a reasonable time to repair the problem. What is reasonable depends on the facts of the situation. A leaking roof for example, is serious, and a few days may be a reasonable time to repair the leak.
3) If your apartment is not repaired within a reasonable time, you must give the landlord a second notice explaining that unless the condition is repaired you will terminate the lease, repair the condition yourself, or bring a civil action for damages.
4) If the landlord still does not make the repairs, you have the right to: (1) move out; (2) have the condition repaired; (3) sue and force a rent reduction; or (4) recover damages of one month’s rent plus $500. If you have to hire an attorney and win your case, the landlord must pay your attorney’s fees.

1. Minor inconveniences.

Unless your lease explicitly says so, your landlord is under no general obligation to repair the apartment. Small inconveniences and minor repairs are not legally the responsibility of the landlord unless he has agreed to make such repairs. The agreement to make repairs need not be in the lease itself. If your landlord has otherwise agreed to make such repairs, he may be obligated to make these repairs just as if the agreement was a part of the lease.
If your lease does require the landlord to make the repairs in question, you should contact him in writing and request that these repairs be made. If the repairs are not made, you can have the repairs made yourself and recover the cost in small claims court. You cannot deduct the amount from your rent, however, unless the landlord agrees.

2. Major problems.

Regardless of the terms of the lease, there is a law which requires the landlord to repair conditions which materially affect a tenant’s physical health and safety. The warranty of habitability requires the landlord to make reasonable efforts to repair any condition which materially affects the health or safety of an ordinary tenant. The landlord’s failure to comply with this law may entitle tenants to withhold rent and have the repairs made, get a rent deduction and a penalty of one month’s rent plus $500, or terminate the lease and move out. The law also allows tenants to have conditions repaired and deduct the cost from the rent if:
a) the landlord has failed to remedy the backup or overflow or raw sewage inside the tenant’s dwelling or the flooding from broken pipes or natural drainage inside the dwelling;
b) the landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant’s dwelling and the water service to the dwelling has totally ceased;
c) the landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction, that the lack of heat or cooling materially affects the health or safety of an ordinary tenant; or d) the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant.

Answer 3

It is very unlikely you have any right to withold rent and continue living there (that would be like refusing to pay for a meal half-way through at a restaurant, but then insisting you had a right to finish it!).

But you do have a right (and the landlord has a legal obligation) to a safe, functional apartment. If you have a switch that sparks when you use it, tell your landlord he should call an electrician or provide you with a hotel room until the switch is fixed, but do so politely, and in writing. Keep a copy of the letter (somewhere else!) in case the place burns down due to an electrical fire.

Answer 4

The laws that govern renting and landlords is very clear. You should be recording everything about this issue. Stoves can pose a fire hazard which can make the situation worse. Recording all communication and having video evidence is your best practice. Should you need to pursue this situation further with authorities having that type of evidence will put the landlord in very deep water with Landlord/Tenancy Act (Canada). I'm not sure but I assume that most States Legislation is much the same. After you have collected enough evidence approach the Landlord and produce your evidence. Typically this should be enough to spring him to action.

Answer 5

no, but you need to check with the housing authority for guidelines on how to handle this. Each state may vary in rules. In most states, after having notified the landlord in writing (might have to send a certified letter) you have the right to call someone to do the repairs and deduct that cost from the rent. Electrical is a critical area, so I would immediately call the housing authority. Be prepared...some amount of retaliation may ensue

Answer 6

It depends on what state you are in. Not all states allow you to withold rent for repairs. Look up the law in your state and follow the notification procedures and the law to the letter.

If your switches are sparking, call the building or housing inspector and they will do an inspection, fine the landlord and order the repairs to be made.

Answer 7

Usually lease agreements do not let you withhold the money owed on your rent. You will need to read it to be sure. He should make the repairs that are needed. If he refuses, then you do have the right to go to the Housing Dept in your county to file a complaint. If you have already talked to him about the problem verbally and he hasn't done anything, you need to put your complaint in writing and send it to him. That way, he can't deny that he didn't know about the problem. Good luck!

Answer 8

No .it is not in most cases to withhold your rent. Get some one who knows what there doing and give the land lord a copy of the bill. Not the original. So if and when you have to go to court you have proof. Write a letter out and mail it to the land lord of the things you have asked for, and have gotten done. Mail it certified, proof he got it. then after two months or so take it of your rent.

Answer 9

threaten the landlord by telling him that if he doesnt start doing some repairs u will withhold some of the rent u see fit. Then if u want take him to court and depending what state u live in there are certain rights that you have.do research.

Answer 10

It actually depends upon state and local laws. Most states allow you to take the cost of repairs out of your rent after you have given the landlord the maintenence request in writing and given them a 'reasonable' amount of time to make the repair. What is 'reasonable' varies from state to state.

The webpage below offers links to state laws to get you started.

http://www.nolo.com/statute/state.cfm

Answer 11

You have the right to withhold rent until the repairs are completyed, and he has the right to go to court and have you evicted for not paying rent.

Go to your county (or cities) landlord/tenant court if you have sent certified letters stating your concerns.