Can a tenant withhold rent in certain situations?

Question

The pipes burst in one of the apartments in the building and they had to shut all the water off. My question is if I stay in a hotel untill the problem is fixed, can I deduct my expences from the rent? Mind you that I did stay one day and night in my apartment with no warter. The landlord has not contacted me and will not answer my calls, so I have no idea if or when they will get arround to fixing the problem. Its the middle of winter and I have no water, no one should have to live in these conditions right.

Answer 1

Since your landlord won't answer the phone, send something to him via certified mail requesting notification of his intent with regard to the repairs.

Withholding rent in my experience is NOT viewed by the court as a valid remedy for misbehavior by the landlord. Some states (like mine) allow an aggrieved tenant to escrow their rent with the court pending a hearing. Paying rent to the court is your way to demonstrate good faith and the landlord will have to convince the court he acted in a timely and proper manner to address the repairs in order to be awarded the rent.

Have you been to the apartment to see if work is being done? Do everything you can to ascertain that you aren't getting service, notify the landlord you are escrowing the rent, and tell your story when the time comes. If it gets to that point, you may be awarded damages for your temporary housing expenses as well.

Answer 2

Mail ( not email) your LandLord a hard copy of your complaint and keep the original. Have it dated and signed and mail it to your landlord asking for signed receipt. Make sure you tell them you want to detuct for expenses from your Rent. If the problem doesnt get resolved in a timely manner contact your local health and county building Inspector and make a formal complaint.