Withholding Rent Until Repairs are Complete?

Question

We moved into this rental property (house) September 1, 2007. I had to hound the realtor who represents the owner of the home to do an official walk-thru on September 17. During the walk-thru we noted all the issues with the house. To date nearly nothing has been repaired. I have leaks throughout the house, fusebox needs to be replaced, my dryer is not getting enough power to heat, the outlets on the kitchen do not work. Electricians came to do estimates and are suppose to fix things Saturday. A plumber came out today to check pipes and has the get the order approved b4 he starts repairs b/c it's more serious than he thought. What can I do to ensure speedy repair if it's not done by the end of this month?

Just adding that I reside in Atlanta, GA and one of my thoughts was to place rent in an escrow account or try to break the lease if things hadn't been done in like 2 more weeks. I'm not going to just pocket the rent money, I just want them to have an incentive to fix things. We've been waiting to have this stuff done since 09/17. Most of these problems presented themselves after we moved in (no water leaks when we viewed the house b/c the service was not on, didn't know that there was a problem with the electrical wiring until we tried to plug in our microwave and toaster). I just wanted to know what my options were to get them to speed things up.

Answer 1

Every state has different landlord/tenant laws. Lawyers who work with Legal Aid, Fair Housing, or any of those agencies are very familiar with tenant issues, and are also less expensive than private-practice lawyers. I would consult them.
Also, it sounds like the problems are beyond inconveniences to the point of safety violations. Your local building codes official (somebody in the city administration) can send an inspector and if the fusebox is inadequate, outlets deficient, plumbing fixtures leaking, etc., they'll write them up as violations. That'll get the owner's attention!
Most rental agencies deal with the owner on a % basis. If the electrician charges $100, they pay him and charge the owner $110. If yours is this way then they have an incentive to get the job done. But if the owner is a tightwad, the agent is trapped between the owner and you.
You better make written a list of the problems and get it to the agent ASAP. Then talk to a lawyer.

Answer 2

If you have signed a lease, then check the lease to see what your rights are. That will dictate what you will be able to do, for the most part. If you have not signed anything, I'd move out. That house is not fit to live in, and probably would not pass inspection from the city housing authorities. Don't be afraid to call the court house and report this. Nobody should rent a house to somebody without making sure the plumbing and electricity are functional.

UPDATE: Since you say there is a lease, read it. There should be something there about what happens if necessary repairs are not done. Talk to the landlord and ask them if you could help with the work and they could take the money for the materials out of your rent. Even if you can't do it yourself maybe you have a friend or relative who would help you out? Maybe the landlord just doesn't have the money to fix these things. They do get in a financial bind sometimes, too.

Answer 3

Take pictures, document everything and get names and numbers of every one that you talk to. If your landlord/realtor does not respond IN an appropriate amount of time and things are not repaired, you will have the proof that you have pursued the matter and he is not doing what you agreed on in the walk through. After that I would just inform him that you have taken pictures and really would like to have this problem resolved asap since you are new renters and gave your deposit and first months rent in good faith, and would appreciate him doing the same. Otherwise, take him to court and don't pay him anything if he is not agreeable . You can consult a real estate attorney and I actually found one that helped me for free but it was upon leaving the house that I was renting for 7 years and they were trying to give me the run-around on returning my deposit. He should honor your agreement or be held liable if he doesn't Good Luck, it is a long hard battle. Next time check out the record of the realtor or talk to some other tenants or the neighbors before you give any one your money!

Answer 4

Oh **** be careful.

In most states you cant do that. If you do, you have to give it to an attorney that holds it for you. You still pay your rent on time but they dont get it until they fix it.

Some states allow you to pay the state. Be very careful. What is your state I will check back and give you the state website for tenant laws.

Most states that money has to go somewhere ontime. You cant just refuse to pay. Either to the state or to a 3rd party attorney.

Whats your state?


****** UPDATE ******

This comes from HUDS link. They dont guarantee the information but it seems about right. I will check as well. This is a brief comment, but I sent the links for sites.

If the landlord fails to repair, the tenant cannot withhold payment
of rent. However, the tenant can repair the premises himself and
recover his reasonable expenses from the landlord by presenting the
landlord with the repair receipts and a check for the difference
between rent due and the receipts. However, be careful if choosing
this method. A tenant should notify his landlord of his intention
to repair and deduct and carefully document his expenses. A tenant
in this situation must also make only reasonable repairs. The
landlord has a right to challenge the reasonableness of a repair or
its cost.

It looks like you can repair it yourself and just take it out of the rent. Its a good option if you can do it. In Utah you cant. But it looks like in georgia you can. If it takes 1,000 to repair what is wrong take it out of your rent. You have to give the landlord a receipt.

But as this site said, you better notify them first. But its clear you cant withhold rent or put it in an escrow.

http://www.valdosta.edu/~sostapsk/LandT.HTM

http://www.hud.gov/local/ga/renting/tenantrights.cfm

This site comes directly from the government of georgia on their official website. Its questions and answers. I didnt read them all but this is about repairs.

http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/landlord/repairsmaint.html

Here is the entire handbood on the state of georgias website.

http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/landlord/contents.html

There is also a hotline phone number.

Good luck.

Answer 5

You need to give the landlord written notice that if the repairs are not completed within a certain time (generally 30 days is sufficient) that you will make the repairs yourself and withhold the amount spent from the rent.

Generally, you must actually make the repairs with the money, you can't just refuse to pay.

Also, be sure that your rental agreement actually requires the landlord to make these repairs.

But laws differ from state to state.

Answer 6

Find another place to live, trust me, if your having this much of a hassel, and this many problems to begin with, then the landlord is not someone you want to be renting off of.

They are more like a slum lord than a landlord.

also, if your tied into a lease, make notes, take pictures of the leaks, anything that is wrong etc, that way when you do break the lease to move, you have everything documented.

Answer 7

first read your lease/ contract. Second, some states will let you withhold rent. You should start looking for somewhere else. This might be the start of something that may get worse as time goes on. You should be able to get out of the contract because of the poor conditions with no problem

Answer 8

Withholding rent could cause a lot of trouble. I don't mean to be rude, but you should have checked all of this stuff out before you moved into the property. If you are really unhappy with it, you could ask your landlord to break any contract that you have and end your lease early...if he/she wont', you can take him/her to court, and in your case, you should win, or at least the landlord will be forced to get everything completed.

Answer 9

Go talk to the district magistrate. As a landlord, I can tell you (at lest in PA) that the repairs mentioned in your question will need fixed. Take pictures, and take along documentation of your walk through with the realor.

Answer 10

A tenant can in no way withhold lease for maintenance till he has long previous in the path of the criminal technique for the state the place he lives. in case you probably did not save on with the criminal technique to your state till now withholding lease, your LL could desire to have evicted you. in case you probably did save on with your state's ideas, you have got had to place the lease funds into an escrow account so the money could be obtainable while the maintenance are complete. in case you have not got each and all of the lease owed real now, it style of feels which you probably did not save on with your state's criminal ideas. you may desire to be pay all late costs owed according to your lease alongside with the full lease and be grateful that your LL did not start up then eviction technique against you.