landlord/tenant laws?

Question

ok this is the issue, my floor is falling apart and the landlord said he was going to fix it this pass weekend, well he hasn't done it yet. my question is do I have the right NOT to pay rent until all the damages are fixed? The damages were not done by me, just wear and tear cuz it's an old home. thanks in advance!!

Answer 1

There are variations in every state, but most do have landlord/tenant laws. And in the case of structural security, the landlord has no choice but to comply. If it ever comes to court action, he can claim ignorance of the problem, so protect yourself.

Send a standard business letter, simply stating the problem and that you are requesting that it be repaired immediately. Keep it business, nothing personal. No 'or else' or other alternative, simply a description of damage and request for repair. Send it Certified Mail. It costs a few bucks, but you will have proof that you sent the letter to him. If he refuses to sign for the letter, you will have THAT proof, as well.

If you do decide to withhold rent, again states vary. Best thing to do is talk to your bank and ask about a simple escrow account for that purpose. That way, you have proof that you could pay, but simply wouldn't until the problem was fixed. Also, it will be available if you are ordered by the court to pay.

Now, in ADDITION to all that, a floor falling apart is a real hazard and I can't imagine city code anywhere that would permit it. Contact your city clerk's office (in the phone book under your city government listing) to find out who is the building code enforcement officer for your city. Upon inspection, it may be that your landlord is ordered by the city to make repairs. Careful, though; if it's bad enough, the house may be condemned until repairs are completed and you'll have to find a temporary place to stay. Or it could be the reason you need to break the lease and get away from there.

Answer 2

Depends on the JUrisdiction. Some states have Repair and deduct statutes which allow you to get the problem fixed and then deduct that from you rent. However, the Landlord, is held under a Warranty of Habitabilty and if the apartment is uninhabiltable you can vacate the premises and report the landlord for Housing code violations. If he evicts you as a result of reporting him for the code violations , then that is a Retalitaorty eviction. Remember , he covenants to you that you will enjoy a place of quiet enjoyment. It is possible that he is breaching the Covenent of quiet of enjoyment; Go to your small claims court and get the copy of the Landlord-Tenant rules for your state. I need more facts however , to give you a concrete answer. I need more facts.

Answer 3

Is there a lease and what does your lease say? I put a clause in my tennants lease that I would make all repairs within a resonable amount of time and that dangerous repairs would be made immediately. If I default then my tennants can withhold rent. A good lease agreement protects both the landlord and the tennant. Check your lease and then try talking to the landlord and explain that if you fall through the floor and get hurt, you may have to sue him since you won't be able to work. Don't threaten, just discuss it with him and let him know your alternatives. Good luck and be careful of that floor!

Answer 4

You have to be much more specific. It varies depending on where you live. In most places in the U.S., a landlord is supposed to give you minimum 30 days written notice. But it can be as long as 90 days, or as short as 3 days depending on the local laws, your exact circumstances, and why the landlord is asking you to leave. In many jurisdictions nowadays, a landlord can have the police evict you immediately if you were found engaging in criminal activity on his property. And if you fight an eviction in court, the process can drag on for several months or even years depending on how efficient the housing court system in your area is and/or how much of an idiot the landlord is (many of them don't know their legal rights or responsibilities).

Answer 5

Read the back of your lease. If that doesn't help then see if there is a free lawyer ask sponsor in your area. At this point, pay the rent, if you don't it can come back to hurt you. You have no agreement in writing that the landlord must fix the floor so he can evict you for nonpayment of rent.

Answer 6

You need to establish an escrow account to hold the money until all repairs are made. Whatever you do, DO NOT spend THAT money on another place just in case a judge rules against you. However, if you can prove an escrow account existed and have proof of unsafe unconditions (take lots of pictures -- complete with dates taken), then you have subsequently secured moving money out of money that you would have spent on rent anyway and your good faith in acquiring an escrow account to ensure the money was available earns you the respect of the court authorities

Answer 7

the law states you must, still pay your rent. if management does nothing hire a lawyer, go to landlord a tenants court, but remember right down every conversation, date time, and when they were going to fix it your lawyer will use it. you could ask for money so you can move, if you want. but i know u have to still pay rent, its good on your part. but!!!!remember document everything, time and date it, keep at them.

good luck keep me informed, concerned reader, make a stand.

Answer 8

As a landlord he should fix it. There may be a reason he didn't so give him a call and remind him. It all depends on your lease and state regulations covering tenant rights.

Answer 9

Different laws in different states. Most likely , you would have to put rent in eskrow account, to protect yourself. If situation is so bad, you should try to get out of the lease!

Answer 10

I guess it's really depend on what state you live in. You might need to call an attorney about that. Or you might want to start looking for another place.