My mother is currently renting a house. She hasn't paid this month's rent yet. Her breaker box is broken so she has no power, heat, anything in her home. Her landlord is refusing to fix it because she is late on her rent. Is this legal?
2006-10-13 05:19:55 · 15 answers · asked by Krissi 1 in Business & Finance ➔ Renting & Real Estate
Your mom needs to call the housing or building inspector asap. They will come out and issue a violation, and the landlord will be forced to make the repairs immediately.
Your mom needs to document the fact that she requested these repairs and that he refused. She should send a certified letter to the landlord detailing their conversations about this matter.
If I were her, I would refuse to pay and wait till he took me to court and then I would request a rent abatement for the time that the power and heat were off.
The landlord has no right to withold services in order to force a tenant to pay. The landlords remedy for non-payment is to file for eviction based upon non-payment.
Your mom could also go to the court and request an emergent hearing saying that she is the victim of an attempted self-help eviction, and that her landlord has cut off all services to the building because she is late on the rent. The Judge will order everything turned on again and may even have the landlord arrested.
Self-help evictions are illegal, and it doesn't matter at all if your mom agreed to anything of the sort in her lease. You can't give up your rights, and any such clause in her lease would be unenforceable.
2006-10-13 08:36:45 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
In most areas this is not legal. Power is considered a pretty important component of a home. Very few areas would permit a landlord to provide a residential property with no power.
Personally, I would give the landlord 24 hours to fix the problem, and if he didn't then I would pay someone to fix it. I would then send him his rent, minus the cost of the repairs. Even if he tries to sue, not many courts would uphold his complaint, give that he was choosing not to fix the electric.
Honestly, unless your mother has a history of being late with the rent, it sounds like she needs to find a better place to live.
2006-10-13 07:13:08 · answer #2 · answered by ZCT 7 · 0⤊ 0⤋
I do not know what the rules and regulations are where she lives. You should check with your local housing department to find out what the laws are in her area. I own property which is rented, and I am obligated to keep all utilities running in the house for insurance coverage purposes, in order for pipes not to freeze etc. I am also obligated to keep the stove, refrigerator and sinks and toilets in working order. My property has to have working electricity, as it has electric heat. She, or you may want to check with a lawyers office about this. If she is in a colder climate and needs heat, I do not believe that the landlord can deny that. You may also want to check and see if the breaker box is the property of the electic supplier; if it is she needs to be contacting them for replacement as it may not be the responcibility of the landlord. If she has been habitually behind on her rent, this may be the landlords method of getting her to move out; without having to go through the eviction process. She needs to keep her rent up to date, this is the number one concern of landlords and/or landladies when renting property. That money goes to pay the taxes and upkeep on the property so the owners need to be paid, as agreed upon the rental. Good luck and have a good day!
2006-10-13 05:32:16 · answer #3 · answered by Sue F 7 · 0⤊ 0⤋
Yes. Immigrants from anywhere.. fine. NOT illegal aliens and one reason that appears above all is that the illegal aliens can commit a crime and get out of town.. OR... be deported, without paying for his crime in jail, or with a stiff fine. Illegal aliens have been getting a free ride. They have become more and more difficult to deal with as they demand rights they are not entitled to. We can provide the amnesty, but not one single soul will talk about the cost of that amnesty and Heritage Fondations put it at some 2.2 trillion dollars. Do we all understand the illegal aliens are closing hospital after hospital? Did you know they are taking the rooms in the old folks home. It cost some three thousand a month minimum to get your old one in a private home because the old folks home we set up with tax dollars are filled with illegal aliens.
2016-05-21 23:00:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
She should to to court and file an "Order to show cause" This gives her the right to withhold the rent until all repairs are done.
2006-10-13 05:29:38 · answer #5 · answered by whymewhynow 5 · 1⤊ 0⤋
I think that you need to check your lease agreement and also check with your state - each state I am sure has different regulations. Good luck - I also have problems with our landlord!
2006-10-13 05:28:53 · answer #6 · answered by Anonymous · 1⤊ 0⤋
No, landlord must maintain house in livable conditions, contact county code enforcement division.
2006-10-13 05:29:42 · answer #7 · answered by usaf.primebeef 6 · 1⤊ 0⤋
depends on if it's a habit on your Mom's part, or a bad tenant that landlord trying to oust---landlord's are required to furnish and maintain means of electric, plumbing, heat, refrigerator, stove, and structure of rental property
2006-10-13 05:33:32 · answer #8 · answered by phyllis_neel 5 · 0⤊ 0⤋
Check with the state agency responsible for renter-landlord disputes; they will be able to give you the exact answer!
2006-10-13 05:24:17 · answer #9 · answered by backinbowl 6 · 1⤊ 0⤋
i'm with your mom..if they haven't fixed it i wouldn't pay rent...i'd say fix and i'll give you what you want...it the landlords responsibility to fix it...but i don't know if its illegal or not...cuz i've thought about doing that myself
2006-10-13 05:28:18 · answer #10 · answered by *<3_Gizmo* 6 · 1⤊ 0⤋