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My bathtub has not been functioning properly. It won't drain on it's own and I informed my Landlord of this on March 9th. It still is not fixed. This is our only bathroom in the house. We had a similiar problem a few months ago with the toilet, and it took them nearly 3 weeks to get it fixed. I had to use a bucket of water to flush the toilet. I told her I need the tub fixed by the 14th, as my husband is coming home on leave from the military. Even if he was not, this is unacceptable! I was told that the guy who does her maintenance moved to another state. This is not my problem. If he is unavailable, I feel she should get someone locally to fix things in a timely manner! I obtained an estimate from a plumber today for the repairs. Am I legally allowed to have it fixed and deduct it from next month's rent if she does not meet the deadline I proposed? Please state your source, as I do not want to get into legal trouble.

2007-03-12 14:59:34 · 6 answers · asked by Dolphin73 1 in Politics & Government Law & Ethics

6 answers

This would apply in California. I do not know the laws of all states.

I would give the landlord a written statement of what you need repaired, and the time frame.

If he does not comply, I would give your landlord written notice that your intentions are to hire a plumber to fix your tub, since he has refused to timely make the repairs himself.

I would then get the work done, and deduct the costs from your rent amount.

Otherwise, I woul treat your landlord's inaction as a "constructive eviction," and move out.

However, giving only 5 days notice might not be grounds for paying for services and deducting, or breaking your lease. Give at least 14 days for action.

Good luck

2007-03-12 15:11:22 · answer #1 · answered by MenifeeManiac 7 · 0 0

While the landlord tenant laws vary by state, most states do allow a tenant to pay for the reasonable cost of necessary repairs and deduct that amount from their rent.

Key words. Reasonable cost = market value of the repairs. So, contact a few different repairmen to get estimates. Necessary repairs = something that affects whether the property is habitable. A working tub/shower or toilet would generally qualify.

Also, this only works if you've given the landlord sufficient notice (usually, a couple weeks), and they have not made the required repairs.

Again, all laws vary by state, so check your local listings or contact an attorney licensed in your state to be sure.

2007-03-12 15:06:05 · answer #2 · answered by coragryph 7 · 2 1

you've 2 separate topics right here. issue #a million. Renting you have not got any written employ. All you've is a verbal settlement, which by ability of regulation is a month-to-month employ. this signifies that the owner has no duties to grant you with the homestead. you've a month-to-month employ on the trailer, and the homestead is beside the point. the owner has no criminal responsibility to show you how to bypass into the homestead. depending on the verbal month to month settlement (legally conversing) he ought to grant you with 30 days note if he needs you to bypass out of the trailer. in case you do not bypass out in the 30 day era, he can evict you. issue #2: upkeep to the homestead. You had a verbal settlement with him about doing upkeep in replace for pay. The emails may actually help a touch in courtroom, yet no longer a lot, considering that emails are so honestly solid. you may take him to small claims courtroom and sue for exertions and fabric for the artwork you probably did. i am hoping you've some information including earlier and after pictures, time logs of a few time spent, and receipts from the elements you purchase. with no written settlement your case is susceptible, yet you would possibly want to nevertheless win. enable this journey function some training for you: a million. Get each thing in writing. 2. not in any respect pay up the front out of your human being pocket. 3. not in any respect get too a procedures ahead on amenities earlier you carry at the same time fee. in case you've finished $500 worth of work, do not do anymore artwork until eventually you receives a fee $500.

2016-12-01 22:06:04 · answer #3 · answered by Anonymous · 0 0

Quite frankly it depends on the state you live in. If you are in Mississippi or Arkansas then you can't do a damned thing about it. You /may/ be able to withhold rent if the landlord hasn't fixed the problem after a "reasonable" period of time (usually 14 to 30 days). I suggest you call legal aid in your area and ask.

2007-03-12 15:30:31 · answer #4 · answered by cyanne2ak 7 · 0 0

IN most states you are allowed to make repairs that are necessary to make the residence habitable. And you are allowed to deduct those expenses from your rent as long as they are "reasonable."

If your landlord attempts to evict you for making the repairs you can report that person to various state agencies or better yet, charge them for the time you spent solving the problem and take them to small claims court to collect.

in court the judge may order an investigation into the living conditions of the landlord's total properties and order thousand of dollars of repairs.

You need to tell your landlord that you are going to take him/her to court and what his/her exposure is.

2007-03-12 15:07:30 · answer #5 · answered by fredrick z 5 · 0 0

Depending on what state you live in you have an uninhabital place. Go to the city.

2007-03-12 15:02:28 · answer #6 · answered by Anonymous · 2 0

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