Can he lawfully Evict?

Question

On 10/1/07 I signed my lease and paid deposit of $875. At the time I signed my lease my landlord & I went over the issues and repairs that needed to be done. All repairs were to be completed by 10/12/07, my move in date. On 10/12/07 I paid a partial rent of $500 and got the keys. Upon entering the home, none of the repairs had been made and I discovered the the main water shut off valve was broken and water was not getting to the house. I went 2 1/2 weeks without running water, after many attempts to contact him. It was not until i threaten to call the City on him that he repaired the water valve. On 10/25/07 the valve was repaired and i then noticed and informed him that something was wrong with the hot water heater and i have no pipe work under my kitchen sink, so my kitchen sink does not work. As of 11/19/07, i still dont have any hot water and my kitchen sink is still not functional. I think he has started the eviction process because I refuse to pay him the full rent of 875

Answer 1

You can pay the rent into an escrow account and he cannot evict you and he cannot have the money until the repairs are complete.

Answer 2

This doesn't sound like a landlord you want. Unfortunately, you have a sum of money tied up.

The landlord is probably in violation of the lease in one of two ways:

(1) If the promises he made to you about repairs being done were in writing

(2) If he refuses to maintain the property so it is habitable.

Here is what my state says about the failure of a landlord to maintain the unit- your state undoubtedly has something similar:

If a landlord fails to maintain a dwelling unit in a habitable condition, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain the dwelling unit and requesting that the landlord remedy the failures.

If a failure is remediable and the landlord remedies the failure or uses his best efforts within 14 days after receipt of the notice, the tenant may not proceed under this section.

If the landlord fails to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within the prescribed time, the tenant may:

(a) Terminate the rental agreement immediately.

(b) Recover actual damages.

(c) Apply to the court for such relief as the court deems proper under the circumstances.

(d) Withhold any rent that becomes due without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement until the landlord has remedied, or has attempted in good faith to remedy, the failure.

Answer 3

Time for a reality check.
Finding a home/apt. & moving is a very upsetting time.
The landlord did not make the agreed upon repairs and now other 'repairs need to be done', and has started 'eviction.'
Not good....but now you have seen the true nature of your landlord.
As he continues the legal process, you do not have services for your apartment.
Move out immediately and take him to small claims court.
If he is successful in eviction...you have to leave...meanwhile you have terrible living situation.
If you move out now, you have a strong case to get you money back and he will have a 'judgment' against him that he CAN NOT ignore...and you are living in a comfortable environment.
Not what you wanted but...if you win and stay in the apt....the landlord will make your life miserable.
Sad, take the highroad and move on, but haunt him with small claims court.
Good luck.
dg
nyc

Answer 4

Probably not. But it depends on local laws. Call the city (whatever agency handles consumer protection or building code complaints). Most places require that a rental unit must be "fit for habitation" in order to collect rent. A place with no running water certainly doesn't comply.

Answer 5

first DOCUMENT all of this you have written here (with witnesses). deposit all of remaining rent owed into a seperate account or KEEP don't spend it!!!!! I waited until I was taken to court then showed the judge all of my documentation AND THE MONIES OWED this actually took about two and half months............. when all was said and done I owed no past rent until all repairs were made, then i was still able to fulfill the remainder of my one yr. lease and only had to pay for the remaining five months of rent !!!!!! yah it was a rough time prior however he learned to not %^&* around anymore on repairs !!!! sounds like b&b prop. mgmt.

Answer 6

No, he cannot evict, and actually, you have quite a few options for lawful recourse.
Check with the Clerk of Courts in your city to see if they allow you to deposit rent with them. This way, your landlord cannot hold you liable for no rent, and the City is aware of the issues with the landlord. Sadly, if you continue to not pay rent ("taking the law into your own hands") he can evict. Pay to the Clerk of Courts to show that you are doing this in "good faith" which is important in real estate law.

Answer 7

Most state to not allow you to withhold rent arbitrarily. You must follow certain procedures. By you not paying..you've left yourself open to an eviction. Next time read the law before you try to take things into your own hands.

Answer 8

I cant believe your still there with no runing water that a health problem and nothing was done on his part you should be able to get all your money back report this to your city hall its free get a writen report from city move out then go after him for your money get it all back good luck

Answer 9

Since there is no hot water this apartment is unfit for habitation. If you wanted to move out you could. He would have no recourse.