I am renting a condo. Needs plumbing and electrical work done. Owner has not done anything but calls near rent due date. Can I withhold the rent and use it to pay someone on my own and send them(owner)the invoice?
2006-12-28 07:33:32 · 14 answers · asked by Evilina 1 in Business & Finance ➔ Renting & Real Estate
This is dependent upon local/state laws. However, if there is a lease agreement in place, failure to perform agreed repairs can be withheld with notice to the landlord.
Again, local laws govern.
2006-12-28 07:36:22 · answer #1 · answered by cash_flo_now 2 · 0⤊ 0⤋
It all depends on what your lease agreement says. Rent usually cannot be withheld without consent from the landlord. The landlord has to be notified that repairs are needed. If they do not take care of the repairs you can write a letter mentioning that you will withhold rent if the repairs are not made. Usually though, you will be in violation of your lease if you do not pay your full rent (whether you are happy with the landlords service or not).
The landlord also has an obligation to follow the lease. There usually is a section of the lease that mentions landlord obligations when it comes to maintnenace and repairs. Most leases give a timeline as to what an acceptable period of time is for the landlord to make the repairs. Read your lease and see if you need to threaten to take it to the next step (lawyer).
Good luck...
2006-12-28 07:43:43 · answer #2 · answered by Miller thyme 2 · 0⤊ 0⤋
Send the landlord a certified letter with a list of items needing repair. Within that letter make sure the landlord understands that a lawyer might be contacted along with the city housing authority; especially if this electrical and plumbing work would be detrimental to your health and welfare.
Also check your contract agreement or lease and see if anything specifies that repair work will be done within a certain time frame. He might be waiting until after the New Year for tax purposes.
Most landlords prefer a written document then a phone call.
2006-12-28 07:45:20 · answer #3 · answered by Tapestry6 7 · 0⤊ 0⤋
No.
Check your local laws, but generally you cannot withhold the rent because of needed repairs. What you CAN (and probably should) do is notify the local Fire Marshalls office or Health Department if the needed repairs are presenting a fire or health hazard to you or the property. They will send an official to inspect the property for compliance. This will probabaly result in more required repairs than you are already aware of.
Also, many condominiums have an owners association and they may be of assistance as well.
2006-12-28 07:42:10 · answer #4 · answered by Kevin S 2 · 0⤊ 0⤋
That depends upon state law. In some states, repair and deduct is a tenant's right. In others it's very tightly controlled, and in some it's prohibited outright.
You need to consult with a local tenant's rights organization or a local attorney. If R&D is permitted, you must be sure that you abide by all the rules.
If you are allowed to do it, YOU will pay the invoice and deduct it from the rent.
Have you notified the landlord IN WRITING of the repairs that are needed? Most leases require written notice. Calling him is NOT sufficient except in case of emergency repairs.
Send the landlord written notice of the required repairs, both by first class mail AND certified mail, return receipt requested. This establishes proof of notification which you may need in the future.
2006-12-28 08:02:48 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 0⤋
The laws concerning a situation such at this vary from state to state. You need to discuss these difficulties with an attorney or a housing authority in your state or city.
First, I would send the landlord a certified return receipt letter detailing all the needed repairs - otherwise, they can always say they didn't know. Keep a copy of the letter for your files.
Good luck.
2006-12-28 07:37:32 · answer #6 · answered by jack w 6 · 0⤊ 0⤋
No, you can't. If you do that, the owner can evict for non-payment.
You can pay your rent into an escrow account managed by the local court, who will require the landlord to do the repairs or he does not get paid.
2006-12-28 08:10:12 · answer #7 · answered by kingstubborn 6 · 0⤊ 0⤋
Have you done anything in writing (and kept copies) about the issues he is not fulfilling?
Talk to an attorney -- you may be able to escrow your rent while you wait for work to be done. This way you are honoring the rent agreement, but are not going to relinquish the escrow until the work is complete.
Good luck
2006-12-28 07:46:26 · answer #8 · answered by kaliselenite 3 · 0⤊ 0⤋
You first have to give him the warning and tell him that if this is not fixed you are going to have someone else do it and take it out of the rent. Make sure to keep the receipts so there is proof that things were fixed and of how much is paid. You have to give him notice enough to get his act together and do it though... if he chooses not to then you have full right to do it. Make sure you send him a letter in writing. Send one copy to your self and one to him and send both from the post office and get a receipt for that also. This way he is well aware of the situation and you have proof that this was spoken of. That or record teh convo.
2006-12-28 07:37:39 · answer #9 · answered by xxkittenluvxx143 3 · 0⤊ 1⤋
Set up an account in escrow at a bank and notify the landlord that all monies will be deposited in it until he/she makes all the repairs, or sets up the repairs to be done. this will at least look to a court of law ( worst case ) that you are not a dead-beat tennant, and are not trying to get out of paying rent.
NOTE: Be sure that the lease doesn't state YOU are to be responsible for repairs. and the complaints are valid
2006-12-28 07:40:51 · answer #10 · answered by Koskimo 2 · 0⤊ 1⤋