Getting evicted for withholding rent, Renter's rights?

Question

My girlfriend is facing eviction because she hasn't paid her rent. The reason? There's no ceiling in her bathroom. It caved in in October due to a leak in the above apartment and neither it nor the leak have been fixed. After repeated messages left on the landlords' machine she finally decided to not pay until it got fixed. Now the landlord is posting eviction notices on her door, threats, etc. She has written letters, left messages and tried to get in contact in person, but no one is ever in the office. She can't really afford a lawyer, what can she do in this situation?

The place is owned by a chain, I believe and the manager has changed several times in the past few months, but aren't they supposed to keep complaints on file?

Answer 1

Here is the website that will answer every question you have regarding housing and evictions:
http://www.hud.gov/renting/index.cfm

She should contact the local Health department to go see the property also.

Answer 2

Here is the problem: You girlfriend believes the myth that alot of people believe in...that you can withhold rent AT ALL, and you can't without the permission of a court.

The landlord is correct, he can evict her for non-payment, and he will be successful in that eviction. If the toilet, tub, and sink is working, then it is not an emergency.

The proper procedure was to call code enforcement to inspect the property, who would have written a citation. Then she should have went to small claims court, which does not require a lawyer, to demand the ceiling be fixed.

The judge will usually order the ceiling to be fixed or allow her to move in 30 days, legally breaking her lease, but if the landlord states he will fix it, then the court will order your g/f to pay into an escrow fund every month instead of the landlord.

The landlord gets his money when the property is fixed.

The mistake your g/f made was thinking she knew the law when she didn't. The law does not permit you to resort to self-help measures for remedy.

Answer 3

There are several factors involved. 1) What City/County do you reside/rent in? 2) What types of repairs need to be done? 3) How much time has passed since landlord was notified what repairs need to be done, etc.? My suggestions: Google the Landlord/Tenant laws for your City/County, then if necessary contact an attorney who is willing to give a free consultation on the matter. Also, check with the local legal support organization and the State Bar office in your area, often times the senior law students hold clinics and review matters and offer advice/help for either no charge or a very minimal fee such as $20. Depending on the severity of the problem and the local laws, some repairs have time limits on them to be repaired. For example, in my County, recently the water heater literally busted and water was pouring out into the garage and all the down the street in the neighborhood. In my area, a problem of this type has to be repaired within 24 hours or the tenant is literally allowed to use money to have it repaired and deduct it from the rent because of the nature of the problem. However, as inconvenient as it may be, if water pressure in the kitchen faucet is coming just above a light stream, this is not considered an emergency and the landlord has roughly 30 days to repair it.

Answer 4

Try contacting the Clerk of Courts Office for your County at your local Courthouse. In my particular area (VA) you file a complaint with the Clerk's office, and after your complaint is filed the Clerk's Office collects your rent. The Clerk's Office holds the money from the landlord until the court decides a course of action. This method allows you to show your willingness to pay your rent, and in most cases, places the burden on the Landlord to show up in court and answer to their faults.

Answer 5

courts do not like tenants who withhold rent because they sometimes assume the real reason is the tenant does not have the monies

if she is being sued for eviction she needs to answer the complaint and show up for the court date, she does not want to get an eviction on her record for it will make it very hard to rent an unit again, when they do background checks

now on the court date she will need to bring many pictures of the condition of the unit, any letters showing how long she has been complaining

and most important bank statements showing she has the monies for rent in the bank, is willing and able to pay but for the problem

Answer 6

Self help is fine, but for a real situation there is only one piece of advice you need, which is 'Seek legal advice from someone properly qualified'. There are usually organisation which can offer this kind of help to those who can't afford it, and quite a lot of lawyers will advise free of charge if there isn't any action they have to take.

As far as I know (not being a legal person) witholding rent may be an appropriate course of action if earlier letters have failed. But as a landlord many years ago I had tenant who was, let's say, unsatisfactory, and one of the accusations he made against me was that I had failed to respond to his requests about the state of the property. It was a load of rubbish, but the point is that anyone can make accusations. The law looks at the reality - as far as it can be established.

It does seem as though you've been very poorly treated.

Answer 7

In most states, you can't withold rent legally without facing eviction. Your best bet is to file a complaint with the local city building dept for code violations. Also, do a little research and find out where is the main office for these dirtbags and send a registered letter to their legal dept.

Answer 8

As far as withholding rents in an effort to get a problem handled, the laws vary by state. Most states do NOT allow such rent withholding, but expect you to use other means to get the situation handled. Even in those states which do allow it, one must go through certain processes first and have evidence of doing so, and then rent withholding can be used as a last resort.

If your GF wants to continue living there, she should pay her rent as agreed and find other ways of handling her situation.

Answer 9

not paying rent is never acceptable, in the eyes of a court. she should put the complaints in writing, mail it to the office registered and certified so she has proof of delivery, and if they do not respond file a complaint with the city code enforcement.

Answer 10

Every state has different laws, she should be able to find a tenants rights group who can advise her on her rights if she has any. If they take her to court the judge will know if she did the legal thing but she could be evicted and it could be expensive.