My landlord consistently doesn't follow through on repairing things in my apartment. I've currently got two sinks with broken faucets, a broken dryer, and a deck built of rotten wood that's about to fall down (my neighbor actually fell through her deck and all he did was patch the hole). In the past he's neglected to fix the heat in my apartment for two days and failed to pay the water bill until the water was finally shut off. Is there anything I can do legally or am I responsible for fixing these things? Thanks!
2007-08-29 18:22:03 · 15 answers · asked by Alida 2 in Home & Garden ➔ Maintenance & Repairs
It's worth checking your state's renter-protection laws. In some places, if you submit written requests (i.e. more than one) for a *necessary* repair (i.e. not a discretionary one) and you get no action after a 'reasonable' amount of time, you can pay for the repair yourself, submit copies of all the receipts with your next rent check, and deduct the cost from your rent. If the landlord retaliates, you can sue his a** off.
The protocol is critical, though -- if your request is only verbal (or voice message), or if you don't give reasonable time for him to act on it, or if you don't submit all the receipts, you could be the one in trouble.
2007-08-29 18:57:06 · answer #1 · answered by Ezekiel 3 · 6⤊ 0⤋
In the first place: You do not, I repeat, do not, have the right to withhold rent. This in itself will get you evicted. I was in Real Estate Management and I know of no state that abides by withholding rent.
You should not, in any way, antagonize the landlord with threats, this can get you a eviction.
Your best bet is to take some pictures, write down all the bad things, numbered, that need fixing, not cutesy things, but necessary items that are hampering your health and safety. Then make an appointment with him, ask him to sit down with you and talk about it.
Ask him to at least fix the problems that are a hazard to your health.
If you go in with guns blazing, not knowing his position, you might find yourself on the street.
He may have a money problem, if he fixes something, are you ready to have your rent raised to help defer the cost, that's another question.
He may be having trouble with contractors or handy men. Find out what his reasons are.
Your other option, move. He does not have to rent to you.
2007-08-29 21:42:23 · answer #2 · answered by cowboydoc 7 · 0⤊ 2⤋
There are several steps you need to take before withholding rent.
!. Hand delivery a letter with all needed repairs listed.
2. Send a certified, signature needed, return receipt of the same letter. That way you will have the proof that they got the letter. If that doesn't work.
3. Go to court and file a motion to have your rent put in an escrow account until things get fixed.
4. You can call the building inspector in your area and he will make him fix it.
2007-08-29 18:32:28 · answer #3 · answered by Judy 6 · 2⤊ 1⤋
being a landlord of over 50 rentals i can tell you that these are are all terrible answers.YOU CAN NOT WITH HOLD RENT!The dryer he is NOT Obligated to repair.The heat though is another story.He must supply heat.He must supply you with water(if the faucets will not run then that is wrong but,if they just leak thats not a problem you can force him to fix)The neighbor needs to sue him for falling through the deck but,unless you get building and zoning to inspect the deck and call it unsafe you can't make him repair that either.You do have recourse for thwe water getting shut off but,if you try to withhold the rent like these other people are telling you to,you will get evicted for non payment of rent.
So,basically the only legal recourse you have is to sue him for the damage and pain and suffering he caused you by allowing the water to be turned off.But,in the long run it will cost you more than a court will award you unless he has a past history.My advice is to move.
2007-08-29 18:49:53 · answer #4 · answered by jgmafb 5 · 2⤊ 2⤋
DOCUMENTATION!
Send a letter to the land lord AND the better business bureau at the same time..... Document what needs to be fixed and if it gets done or not. If after 30 days he has not fixed the problems, do not pay the rent. Send another letter to him and the BBB saying why. He can not evict you if he fails to do as he is suppose to do.
2007-08-29 18:28:23 · answer #5 · answered by forgivebutdonotforget911 6 · 0⤊ 1⤋
Don't withold your rent unless your state laws allow you to do so without being evicted in these circumstances. I agree with the other poster... call the Health Department! Someone called them on my apartment complex about a roach infestation (that we personally didnt have) and they came and inspected each apartment.
2007-08-29 18:52:06 · answer #6 · answered by Me 6 · 3⤊ 0⤋
Take photos of the things that need repaired an then complain an tell him to fix them an he refuses call the department of health an if he tries to lie or fix them before they come you have the photos as your proof
2007-08-29 18:27:27 · answer #7 · answered by Anonymous · 0⤊ 2⤋
You can withold rent to make repairs. But I would first pursue legal means and if your receiving any public funds you can call your social worker and you will be set. DHS should be able to help you.
2007-08-29 18:27:20 · answer #8 · answered by mlk682 3 · 0⤊ 3⤋
file an offical complaint. then if he doesnt fix it you can sue, and get rent paid back becuse you were living in an inhabitable apartment. you are not responsible for maintaining their property and you tell them that. or youre not responsible for paying for it since they have clearly broken your lease agreement
2007-08-29 18:25:20 · answer #9 · answered by makk 3 · 2⤊ 2⤋
I have two words for you: SLUM LORD!!! File a complaint in small claims court, there is no reason for him to be lazy about this sh*t, especially if he's doing things like hiking up your rent.
2007-08-29 18:27:59 · answer #10 · answered by Anonymous · 1⤊ 2⤋