Going to court over back rent.. will we win??

Question

When we first moved into this house, our shower wouldn't drain. It would overflow before we even got out of the shower so we figured it was clogged. Well, we told the landlord and she bought some draino. About 3 weeks later our bathroom started smelling of really bad sewage and this grayish dirt looking stuff would back up into our shower. We told the landlord because we thought maybe the septic tank needed emptied and she said it had been emptied 7 yrs prior to us moving in so she ignored the problem. Well, it began to get worse. Anything we poured into our sink would end up in the shower. Before we could even take a shower we had to clean it out because it had all that gray dirt/rock in the floor of it. We had to use buckets to get the water out or it would sit there for about an hour before draining. Anyhow we didn't pay rent for 2 months and now she is taking us to court. She gave us 2 weeks to get out! There was also mold growing in the bathroom. Will we end up losing at court?

I couldnt fit this in the 1st half.. but we also had our baby living there (she was 6 months old at the time).. and I was pregnant. We couldnt move because we had no money. My husband was out of work due to medical reason and we were waiting on Housing to offer us a voucher to move. Also, when it would rain really hard, our bathroom would flood due to water coming back up through the shower. The landlord didnt want to fix it because our town was getting sewage put in next year!! (its all septic right now)....But she is taking us to court to try to get back rent which was 2 months.. We took a lot of pictures of the bathroom and Im wandering if we could win this case and not have to pay?? I mean, she is a slumlord and that proves it. We also called the health dept. after we moved out and Im not sure if they ever looked into the house but it's been 4 months and it still isnt rented out.

OK! The thing is, we were living in a different house in the same town by the same landlord, ok?! Well, when we found out we were pregnant again, we knew we were going to need a bigger house! So, our landlord said she had a bigger house that just came available and she would let us move in. Well, that was in March of 07. My husband WAS working and we were paying rent. In June he got his appendix taken out and he was out of work for a month because he works for a landscaping company and it was doctors orders. Our landlord made arrangements with us to pay the rent that following month. During that time we were looking for another house because the landlord made it clear that she wasnt fixing the problem. In the middle of July we told her we were going to TRY to be out by the end of July but she never told us we had to leave. it was our choice. anyhow, a few days later she gave us 2 weeks to move!! they are supposed to give 30 days.

Answer 1

You should have put your money in an escrow account at the courthouse. That way, what ever the judge would award in your favor, you could deduct from the rent. Just because your bathroom was broke was no reason to not pay your rent altogether! When you put your money in an escrow account, it shows you still had intentions to pay the rent-you were withholding rent because your landlord has breached her contract. Learn in the future, you may be awarded some money in damages, however the judge will still order you to pay some money.

Sorry you are going through all this!

Good Luck!

Answer 2

Sorry that you rented a bad house. You should always pay your rent. The judge will ask that you pay up. Remember two wrongs do not make a right. Did you write letters to the landlord asking them to remedy the plumbing problem and mold? Hope you get into a better home. Good Luck!

Answer 3

You will loose this in court. I am sorry, but you needed a court order to withhold rent and you did not obtain one. You were not legally entitled to make that decision on your own.

The fact that your husband is unemployed will NOT help, it sounds like you are evading rent for financial gain.

Calling the health department was the correct thing to do, but I am betting you had a root problem. The septic tank should have been OK. When they are full they actually drain on the ground, outside, not inside the house.

Answer 4

You said your husband could not work for medical reasons, and you could not pay rent ... so ... had this not all happened, how did you plan on paying rent anyway?
Sorry, this just sounds like an excuse to not pay. If the place was really as bad as you say you could have saved up 2 months rent by not paying and had enough to move. it's all too convenient that you cannot pay and the place just happend to be unlivable. do you expect to stay there forever for free?

Leave if it's that bad, or pay your rent and stay. You can't have it both ways!

Answer 5

You will probably lose. Most states do not allow non-payment of rents because repairs were not done. Those which DO allow this require the rents involved to be paid into an escrow account until the situation is resolved.

Sounds to me like you didn't follow any of the assorted rules required to make a case for yourself.

Answer 6

You might be able to. Do you have documentation of reporting said problems to the landlord? Go on the web and check out the Federal Landlord/Tenant Act and then your state's landlord tenant act. You can research your state's laws on findlaw.com.

If you have reported this to the health department and have your pictures and any correspondence (written) addressing said problems to the landlord take them with you.

Some state's landlord/tenant acts are either very specific or vague about certain issues. You need to read yours. You have issues of health and sanitation and safety here. It seems to me you have a fair chance of not owing her a thing. It seems to me as well if these issues are founded to be true (not insinuating here just you need more than a 'he said/she said' in this), then you just might be able to reverse it on her. I've known for it to happen in some states where there were the same issues exactly and the landlord had to pay for all medical expenses plus pay to relocate the family.

Go to findlaw.com and look for your state's landlord tenant laws. Most states have one, if not, then the federal landlord/tenant act prevails for your state.

Good luck!

Answer 7

Probably.
You can never withhold rent, even if the living situation sucks.
In your case, you should have reported her to the tenancy board of your region, or taken HER to court. She's entitled to her rent, though.
Good luck.

Answer 8

I wouldn't think so as long as you have some kind of proof showing that she knew about the problem and how bad the problem is, like pictures, notes. Be prepared is what I'm trying to say.
Good luck.

Answer 9

normally.if you don't pay the rent.it goes into an escrow account...........
I didn't read about you doing that.............