My landlord is threatening to evict me because I'm 1 3/4 months behind on rent. I haven't paid my rent because the range (kitchen was furnished by landlord) hasn't worked since I moved in, causing me to buy a camping stove just to be able to cook. I checked the fuses and determined the range itself is the problem. All of my complaints about this, both in voicemail and in person, have been ignored. Am I within my rights to refuse him rent since he's refused me maintenance?
2007-06-18 00:36:41 · 10 answers · asked by dragonphoenixfire20 1 in Politics & Government ➔ Law & Ethics
yes
2007-06-18 00:39:46 · answer #1 · answered by Dutchess 3 · 0⤊ 3⤋
You might be the victim here but you cannot withhold rent. In the eyes of the court, you will be the one in trouble and he can evict you.
Here is what you need to do and do it quickly. Stop calling the landlord because voicemails etc will be your word against his because all he will say is that you never said anything about the stove and you will have nothing to prove otherwise.
1) Go to your local county court clerks office and open an escrow account with the back rent deposited there. Do it NOW, today or at least within the next 24-48 hours. You don't want to end up owing this creep anymore than you have to.
2)Send him a certified letter indicating he has seven (7) days to fix the problems in the apartment. If the stove and any other problems are not fixed within that time, you will consider it a breach of contract. Also advise the disputed rents are in an escrow account with the courts pending his fixing the problems with the stove. Keep a copy of the letter you sent. The important thing is that it MUST be certified. This way you CAN have proof that someone signed for the letter and it was delivered to his address.
3) If he does not comply within the time frame, you will be able to move because he breached the contract and you probably not owe him a dime.
If you don't do it this way, YOU will be taken to court and forced to pay court fees, back rent etc.
2007-06-18 01:22:50 · answer #2 · answered by thequeenreigns 7 · 1⤊ 1⤋
Thats whats really iffy because if you agreed to pay rent to the landlord in your lease then you have to make payments. I think someone would be more readily be able to assisst your complaint should you have paid the lease on time and then filed a complaint. That way you really will look like the vctim as you have not breached the lease at all and your landlord clearly has.
2007-06-18 00:42:10 · answer #3 · answered by Anonymous · 1⤊ 1⤋
You should have the questioned amount in escrow account drawing pennies in interest for the time involved. I would write him a letter stating that. Next, he can take you to district justice office and have papers served for eviction. Then there should be a hearing...you state your case/he states his case. Judge rules.
2007-06-18 00:41:22 · answer #4 · answered by Patches6 5 · 1⤊ 1⤋
No you can't withhold rent because of the stove. You have to pay your rent. Your option for the stove is to move if its not fixed.
2007-06-18 00:52:37 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Yes you are but there is one catch.You have to put the rent money in an escrow account, tell him when your range is working then you will take the money out of escrow and give it to him. Until then as long as you have an escrow account he can NOT kick you out.
2007-06-18 00:46:58 · answer #6 · answered by Lynnemarie 6 · 0⤊ 2⤋
Call a lawyer! Most will see you the first time for free. If he feels you have a case ( and it sounds like you might), maybe he will take it pro bono - only get money if you win.
Don't let this go. Some landlaords are just money hungry @ssholes!
2007-06-18 00:50:04 · answer #7 · answered by s s 3 · 0⤊ 2⤋
You should change to a new place. Some landlords can be crooked. You should also inform the proper authorities.
2007-06-18 00:40:50 · answer #8 · answered by Zabanya 6 · 0⤊ 3⤋
Should he be obliged to give you free accommodation because the cooker doesn't work?
2007-06-18 00:42:28 · answer #9 · answered by Anonymous · 0⤊ 2⤋
dont give him the whole amount juz cut out some sort of amount!!
2007-06-18 00:47:32 · answer #10 · answered by stel 3 · 0⤊ 3⤋