If I appeal an eviction?

Question

On what grounds will I appeal if I have not paid the rent but the landlord has not made it suitable for us to even live here.

Answer 1

Since you are talking about an appeal, I'm assuming there is a judgment. What you are describing is the right to "repair and deduct." This is something you should have done before you were evicted for non payment. When a landlord allows a property to become uninhabitable, the tenant has the right to serve notice of intent to repair the problem and deduct the cost from the rent payments. Typically, the kinds of things this applies to are essential systems like AC or heat, hot water heaters and the like. Or roof leaks, toilets...things you need to have working properly.

However, if you simply failed to pay the rent and never notified the landlord of your intent to repair and deduct, or if in fact you did not do so, your chances on appeal are slim to none. Especially if you were defaulted.

Now if there was no hearing yet, you should go to the hearing with proof of what you think the landlord should do and explain that you did not pay because it isnt done. Or better yet, contact the landlord or landlord's attorney and see if you can work something out.

Answer 2

You really do not have any grounds for an appeal. Any attorney will stipulate that you continue paying your rent regardless of the things that have not gotten fixed. I would advise that you write certified letters to the management office stating the problems. Give them about a week or so to at least address the problem and then send additional letters. Always do it certified mail and keep copies of your letters. Once it has been deamed that the complex is not fixing the situation you can more easily be released from your lease (usually after at least 3 certified letters). Non-payment, though, is not the way to go about it. Regardless of the situation they are providing you a service and it is illegal for you to partake of it under a signed and agreed upon lease without rendering payment. If you pay someone to come out and fix the issue you can deduct that amount from the rent (with proof of payment for the services...like a receipt) but some places still will not accept that.

At any rate, if you have any communications in writing that show you have informed the management/landlord of substandard conditions that have not been remidied, you may be able to get the eviction turned into a non-binding release from your lease.

You can always get the news stations, newspaper, building inspectors, housing/code compliace and the Fire Marshall out there to show that the place is to fit for living. This is always fun because you will give the place a bad name and in some cases you may be able to force their hand at getting repairs made.

Good luck.
And you probably will want to pay your rent just to keep you on the right side of the law.

Answer 3

As an former landlord while I was in college, I would need to know why were the living arrangements not suitable? If I may ask why did you not pay?

Answer 4

Take pictures of it and present them in court to the judge and also pay your rent to the court untill the case goes to be heard and let the judge know everything and remember to bring rent receipts if you have them ,a copy of your lease and pictures of the mess he or she (the landlord ) is not willing to fix . Chances are if you have all that the judge will rule in your favor if it is feasible . good luck .

Answer 5

I would suggest taking pictures of the unit and pay to have a home inspection.

If the apartment you rent is unsuitable for living I am pretty sure you will be reimbursed for the home inspection plus anything else.