Would be right to hold on the rent if the landlord still haven't made the repairs that should have been done .

Answer 1

To make it legal, put it (the rent) in an "escrow" account and inform the landlord you are doing this. They will then be much more likely to do the repairs, as they can't get the money out until you say they can have it, and this is perfectly legal. You must state the reasons for establishing an escrow account when you establish it. In essence, you are paying the money, but the landlord can not access it until conditions are met, such as doing the repairs.

Answer 2

Different states approach this at different angles.....

In many states, you can deduct the costs of repairs you have to pay for yourself, from your rent.

Another option, is to put the money in escrow, thus, proving that you are not simply failing to pay your rent, but that you are requiring that the owner complete repairs. Do NOT simply stop paying rent.


Additional:

I notice some have answered after I did, and said that a certified letter, or a set time frame are required.... as I stated earlier... different parts of the country handle this differently. In MY area... you need only make a phone call to the landlord, and if he fails to act on the repair, OR, if for any reason you cannot contact him, then you may proceed with getting the repairs done yourself, and deduct the costs from your rent. Some years back, I was renting a house, and New Years Weekend, during a heavy storm, the roof began to leak where an addition had been put on the house. (The water was just pouring in...it was as if we didnt even have a roof, it was leaking so badly) We attempted to contact the landlord, and could not reach him. Being a contractor myself, I simply went to the store, and bought all the materials I needed, and kept track of my time. After which, I turned in the receipts, and a time stub/bill for my services. I had to completely redo that section of the roof.

Later... the hot water heater had failed. We were able to contact the landlord, but he had no proposed solution by the end of the business day... Its pretty straight forward really... either hire a plumber to repair that one, or replace it... and he had not made ANY calls to get the work started. So... I made one call to a plumber, and had it replaced that night.

In both cases, I was within my rights as a tenant. I gave the landlord the option of fixing the problem first (when I could reach him), and if he didnt, then I took care of it myself.

I personally have not ever had such a bad situation that I had to withhold my rent payment entirely, to force the landlord to act... BUT... if it had ever come to that... I would have placed the rent in an escrow account, with my name, and his, on the account. You must set it up so that BOTH of you must agree to money being withdrawn from the account. That way the courts recognize that you were making the payments in good faith, and were not simply trying to avoid making the payment. It also assures the landlord, that their tenant isnt going to just withdraw the money and disappear... with both names on the account, NEITHER person can withdraw the money, until BOTH agree opon it. This is a recognized, viable, option with the courts.

If you simply stop making rent payments... then the landlord can take action against you, for failure to pay the rent! EVEN IF the reason you withheld the money was because of a lack of action on his part, regarding needed repairs! The courts do not allow you to simply 'stop paying' rent.... but you CAN redirect that payment, so that the repairs must be done.

Good Luck

Answer 3

If you have asked the landlord for the repairs to be done and they have not you should....

1) Put your request in writing. Ask the landlord to respond in 5 days. Keep a copy of your request.

2) If landlord does not respond, and or repairs have not been done in a timely manner you can call someone in to do the repairs, pay them and deduct the payment from your rent.

3) You should check the LANDLORD AND TENANT RIGHTS in your state.

Answer 4

You need to make several written requests specifying the repairs needed, and keep dated copies of the requests. Then you can deduct the cost of the repairs from the rent. You will also need to provide the landlord with a copy of the receipt for the repairs, to justify the amount you have deducted. In any case, you must always pay the rent on time.

Answer 5

Absolutely not: In Nevada that will get you a one way ticket to the curb by a constable.

You have to work with the landlord and be patient. If it's an emergency and it needs attention right away then you go to the building code violation office or the codes and building office of the courthouse. Every city has a different name for it or, file a small claim in small claims court but, under no circumstances do you withhold rent.
You can retain an attorney and take his advice.

Answer 6

As with a 30 day demand notice, you can write one to your landlord detailing the problem and that you are going to hire someone if you receive no answer/response to repair within
a reasonable timeframe. Make sure you send it certified. I did this myself, fixing a tub. I charged him what a plumber would and deducted it from the rent. Of course, he was not happy, but I was within the law. He then complied with a couple other things without hesitating.

Answer 7

you can only hold out the cost of the repare work if you get them done on your own. the houseing officials in your city will force the landlord to fix it up.