If a landlord refuses to fix a sewerage problem, can I withhold rent? I cannot flush toilet, shower or dishes.

Question

I rent a small, one bedroom cabin for $600 a month. I cannot flush the toilet, drain the sink or shower because everything backs up into the shower stall. I discovered the sewer line is draining on top of the ground (landlord has tried to cover this up with soil and leaves). It smells and I don't feel he is entitled to rent money until he fixes the problem. I have reported him to the town but no action has taken place. Most of the time I stay elsewhere or shower at a friends. If the problem gets fixed, do I owe him all of the back rent?

Answer 1

You have to formally ( in writing, certified preferred wittiness acceptable) notify your landlord of the complaint and need for repair. He has a reasonable time to respond, usually 24 hours. You can from this point withold rent until the problem is fixed. Rules vary on if and how much of the back rent you must pay back by location. I think however that you should find a new place to live. Locate a place, give notice and file a complaint against the LL and report him to the local authorities (health) as what is occurring is a health violation and possibly more. I can understand if he can't afford the repairs, but he shouldn't expose anyone to the health problem because of it.

Answer 2

I live in the Minneapolis, MN, area and I recommend you look at startribune.com (our major newspaper). Every Saturday in the homes section, there is a Q&A by a lawyer in the area of renting. I'm no expert, but can tell you what I've read in that column...

The people on here who have said you cannot withhold rent are correct. There are two things you should do from here...

1) Notify the landlord via certified mail that you do have an issue (for future court case)

AND

2) There is such a thing as an escrow action (or something like that)...basically what you do is somehow file with the government that there is an unresolved issue and basically, instead of paying your landlord, you pay it to an escrow account (so basically, you are still paying your rent, but the landlord will not get it until he fixes the problem).

Definitely read the columns I've suggested and/or consult a lawyer. But I highly recommend you do NOT just stop paying rent.

Answer 3

If you have a lease agreement with the landlord, you must read the provisions regarding this in your lease. If you signed something stating that no matter what problems arise, you will still pay the rent, you will have to pay the rent.

The landlord can kick you out or have you evicted for not paying your rent. Go to your towns public works department and explain to them your problem and see if they can get your landlord to fix the problem.

Tell the landlord that you are giving him 30 days to fix this problem, or you are leaving and will not pay him the rent is owed for however long this problem has existed.

You need to read your lease and rental agreement carefully.
To make sure that you are not bound by any funny terms in there that could make you liable for all the rent and the fixing up on the property.

Answer 4

I had a similar problem with my last apartment (basement of a house) and there'd be times without water (no warnings) and sewage backup. My sister and I got out of our year lease by writting a letter outlining these specific problems, including days and times, to the management and washed our hands of the entire situation (and got no fines, mostly because we threatened legal representation if they did so), because, though there are no formal/specifc clauses in the rental agreement about water and sewage (though there very well could be) and the lack there of, it is, according to much of the legal research I did, an implied agreement that the landlord WILL make sure that all tenets have reasonable comfortability and necessities, including water and sewage. If you have neither, then I think you have plenty of ground to both step away from your lease and/or withhold rent. Not only is this rude, unprofessional, it seems, also, highly unhealthy and environmentally bad. You could also have someone come out and fix it and then present the receipt to the landlord and withhold rent. The most that will happen, he will evict you (is that so bad at this point) or small claims court.

Starting NOW, document everything within a log and attach pictures to be presented to him, the city, or if it comes to that, a court.

Answer 5

This happened in my town a few months ago. The landlord refused to fix a broken sewer pipe that was spewing raw sewage all over people's yards.Their situation, and yours, is a flagrant violation of the housing code. The residents finally ended up talking to the police about it. The landlord is now serving time in jail. So that's what I would recommend. File a police report. You also might want to talk to city hall. Good luck. I hope the problem gets fixed.

Answer 6

first if there isnt a clause in your lease that says there is a late fee he cant charge you a late fee and since you dont have a current lease he cant collect on that .next put you complaint in writing then send it to your landlord with you complaints and demands. then after that if the problem isnt fixed you should be able to withhold the rent. get a copy of the tenants rights from your state that will tell you where you stand. if there is a law about picking up after you dogs then call the police if its not cleaned up also call them about the dogs barking there is a law about noise im sure

Answer 7

i would make alist of all the things wrong and write the landlord a certified letter telling them of the issues and how long they have been going on there. mention in the letter if you have tried contacting them in other ways andyou need these fixed. its not normal living environment. i would tell them the time frame should be immediate and see what happens. if they dont fix it withhold the rent or get it fixed and take it out of the rent until its paid off. if he brings you to court you may have to leave but he will owe you the money and its a valid reason to break the lease with no fines

Answer 8

That is considered a major emergency and a health hazard.

First thing in the morning, call the city code enforcement and have them guide you in the correct direction.

Raw sewage gas is TOXIC, and you can actually become ill enough to become unconscious if you breathe enough of it.

The system is backed up, and it will take actually unearthing the tank to snake it out, in order to correct the problem.

You don't have time to consult with a lawyer, send certified letters, and all that BS. You need someone from the city to help you on Monday, and they WILL send someone if you call early enough.

Answer 9

The sad truth is you cannot withhold rent because he refuses to fix or care for a problem. He can legally evict you if you fail to pay your rent (that wouldn't be a bad thing). I too have a worthless slum-lord (landlord). The good news, is keep reporting him to the Fair Housting Authority. Even if they do not take action on your first complaint, they will get tired of hearing about your slum-lord and will take action. Keep a log of all of the times and dates you had to shower elsewhere or stay at other places. If you have to pay whomever for letting them stay with you...get a receipt and keep it. If he wants to evict you for reporting him to the housing authority you will have a strong case to defend yourself.

Answer 10

You cannot, legally, withhold rent, BUT you can call the city health inspector to get an inspector out and make a report. The landlord will hace x number of days to repair the sewage and cannot evict you for calling them. If he tries, you will have the inspectore report and can file a grievence with the apartment associtatio, BBB, etc. You can make him pay out a lot of money and aggravate him to no end, If that is what you want to do. But, do it without babbling to him about doing it