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2006-10-17 07:45:12 · 14 answers · asked by mika_122 1 in Business & Finance Renting & Real Estate

14 answers

You shouldn't pay if:

If you live in a unit where rent control applies and your landlord is charging you more than the legal rent

If services have been denied or reduced and you are requesting a rent abatement, you first have to stop paying your rent in order to be taken to court so a Judge can hear your side

If you live in NJ and you wish to obtain a Marini hearing, not paying your rent and then being taken to court for non-payment is the only way to get one ... but you must deposit your rent with the court on the date of your first court appearance

If your unit is damaged or destroyed in a disaster or by a fire, etc

If your unit becomes uninhabitable for any length of time

If you live in an illegal apartment in NY or NJ there is no such thing as "rent", so if you have been paying rent you should stop immediately

If your apartment is needing serious repairs that your landlord has failed to do within a reasonable time or without justification (waiting for delivery of a part, etc) and if your jurisdiction allows it, you may stop paying rent and arrange for the repairs to be done with your rent money

2006-10-17 09:07:52 · answer #1 · answered by BoomChikkaBoom 6 · 0 0

If there are problems around your apartment that seriously affect your health and safety, or if there are promises in the rental agreement that your landlord refuses to keep, then you can turn to the remedies provided to you in Ohio Revised Code Section 5321.07. Other states have similar sections. This section says that if you are current on your rent, you can send a written notice to the landlord notifying him of the problems at the apartment. If the landlord has not remedied the problems in thirty days of his receipt of the letter, then the tenant has three options.

First, the tenant can start escrowing the rent with the local municipal court. This means that you pay your rent to the court rather than to the landlord, and the Court will decide whether the landlord gets the rent and when (usually after proof of fixing up the apartment).

remainder of answer at source

2006-10-17 17:28:30 · answer #2 · answered by ruzicho2000 2 · 0 0

There are several legitimate reasons to withhold rent. The reasons differ from state to state, however, in most states you will be required to submit the back rent once the problem/situation has been resolved.

1. Broken items within the residency...
--This covers everything from stove not working, leaking faucets, and broken windows...It DOES NOT cover lightbulbs, or things you did to break items...

2. Inaccessible Lease Covered Items.
--This is like if you pay for parking at your apt building and the parking spot you rent has a huge pothole, or if you mailbox is jammed shut...

Those are just some of the reasons, for a full list Google your state, tenants rights (example: Texas, Tenant's Rights)

2006-10-17 07:57:03 · answer #3 · answered by magerious 4 · 1 0

You should always pay your rent. If the apartment or house that you are renting has violations or they have broken a guideline in your lease, you can then legally break your lease.

You never want to not pay your rent because the company could come back and take you to court. If there is a situation where you would sue the company then you could be awarded money back to you.

You can contact the Tenants Union in your state to get info on your rights as a tenat. You can also get info at your HUD, Housing Urban Development as well. You can always contact an attorney that deals with tenant issues if you need more advice.

2006-10-17 07:53:51 · answer #4 · answered by Anonymous · 1 1

You should always pay your rent. If you do not pay your rent an eviction process will begin. You will be served with an eviction notice, and if you still do not pay, Sheriff Deputies may show up at your door and throw you out.

Also, if you have an eviction on your rental record, it will become much more difficult to rent a place in the future.

Good luck,

Kevin
http://www.KevinScolastico.com

2006-10-17 08:19:55 · answer #5 · answered by kevin s 2 · 0 0

I believe you are not required to pay your rent if yout living space is inhabitable for a few days due to a problem that needs to be addressed by the landlord. For example, years ago, I rented a house wherein I almost died from Carbon Monoxide poisoning. The gas company red-tagged the furnace and the hot water heater. It was in the middle of winter so I couldn't stay there. It took my landlady 3 weeks to fix the problem so I only paid 1/4 of my rent that month. When she complained about it, I told her she was lucky I didn't sue her for almost getting me killed.

2006-10-17 07:55:17 · answer #6 · answered by Miss E. 2 · 2 0

That depends upon the jurisdiction you live in. In some places you may repair and deduct if the landlord fails to make necessary repairs. In other places, the landlord has an absolute right to collect all rents when due; you have to sue for specific performance to force the landlord to make repairs.

Consult with a local real estate attorney! Nobody here can give you legal advice!

2006-10-17 08:30:24 · answer #7 · answered by Bostonian In MO 7 · 0 0

You should always pay your rent. If you have issues with the landlord, you should go about settling them properly. There is a landlord/tenant act in Canada that protects renters, also the Rental Tribunal.

Go through an official agency first, before withholding anything. That may end up getting you evicted.

2006-10-17 07:53:40 · answer #8 · answered by Allycat 2 · 2 0

You should always pay your rent. If you don't have it, then you should call your landlord and explain and see if arrangements can be made. Sometimes people go through a hard time and that can be understandable. Don't try to hide from the landlord, be honest with him/her and keep the lines of communication open.

2006-10-17 08:08:49 · answer #9 · answered by asouthwell28 3 · 1 0

None. Even if the house is in disrepair, you have to pay into a court-established escrow account to demonstrate you can and will pay, but the landlord doesn't get the money till the place is fixed.

2006-10-17 08:49:09 · answer #10 · answered by kingstubborn 6 · 0 0

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