2007-12-26 15:47:22 · 9 answers · asked by ryodachi 2 in Business & Finance ➔ Renting & Real Estate
Hey there, I'm a property manager...sorry for your situation. I'd make sure of a couple things before you hold back your rent:
1. Do you have a paper trail of the complaints? Or at least dates of when you reported repairs needed? That's pretty important in proving you've been reporting the work needed for a while. Do they have a reasonable answer for the delay?
2. Are the problems making your living space inhabitable--if so, I'd go right to the city inspector- they can force your landlord to make the repairs. Even threatening that might get them out the same day to fix things.
In any situation, I'd be sure to consult a lawyer first before abating rent. It could bite you back if they file on you for eviction for not paying rent--that's something that could show up on your rental record long before you win your battle. Lots of cities have Tenant Resource Centers, or you could just search for the TRC in Madison, WI--they have lots of information that might help.
Good luck! (Make sure everything is in writing....!!)
2007-12-26 15:59:42 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you don't pay the rent, you will be breaking the lease and can be evicted. You can hire a lawyer and have him put the money into an escrow accout until the repairs are made but you just can't decide to do it. You need to notify your landlord by return receipt letter. Have proof you have requested the repairs and they are not complying. You haven't said what repairs. I've had tenants ask for somethings that just aren't going to be done because they are unreasonable and not in my best interest but then they really weren't repairs, they were changes they wanted in the apartment. I have one right now that has one room that is hotter. I told her she needed to close the registers closer to the A/C and that would force the air back into that room. But she wants more air up front and I said you then have to turn up the a/c so she tells me I need to buy a new a/c unit. Figure that one out. It's not happening.
2007-12-27 00:01:14 · answer #2 · answered by towanda 7 · 0⤊ 0⤋
Always pay your rent on time! Check the landlord-tenant code for your State to see what remedies are allowed. Some repairs are required for habitability - working plumbing and electricity for example. A non-working garbage disposal probably isn't. A torn carpet wouldn't be but a termite-damaged ceiling would. That kind of thing.
Note down the reason, date, time and name of the person you spoke to when you contact your landlord for repair requests. If a repair person or the landlord doesn't contact you within 48 hours for non-emergency repairs, to set up an appointment, call again. Note the reason, date, time and name of the person you spoke with. If you still haven't been contacted 24 hours following that call, contact your local consumer protection agency. They will know what your recourse is as a tenant, in accordance with the landlord-tenant code.
2007-12-27 20:22:12 · answer #3 · answered by Willow Natalia 6 · 0⤊ 0⤋
most attorneys dont charge for a first appointment ask them for free and then contact the local building code inforcement office about this someone will have a pamplet on this issue now most states allow you to escrow in the bank your rent then show that to the court if the landlord doesnt fix the problems so call the land lord and tell him about the escrow account that you may have to start then ask politely for the fixes if not pull the trigger call the building inspector firemarshall and the health inspectors all of them and keep the rent in escrow till repaired
2007-12-26 23:58:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes. However, unmade repairs detracting from habitability are a legitimate reason to terminate the lease, and in many states you can make essential repairs yourself and deduct the cost from the next rent payment. Check out the limitations on this, which vary by state.
2007-12-26 23:53:27 · answer #5 · answered by Anonymous · 2⤊ 0⤋
No you do not. However, you need to pull the tenant laws for your area and follow them. If your situation qualifies you to break your lease, you will need to send the landlord written notice via certified return receipt. Where we live, we have to send this to the landlord with a 20 day time frame to make the repairs and then a notice to vacate the same way. He would then have to return any security deposits or rent prorated.
2007-12-27 00:11:54 · answer #6 · answered by godsgrace1976 1 · 0⤊ 1⤋
Read your rental agreement carefully. If it does not talk about damages and repairs. Then you should talk to a lawyer as to what the local law says.
2007-12-26 23:58:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i have been in this situation in my sons room we had termites in the roof and one night they fell on to his bed bitting him we did tell our landlord and he actually laughed at us so we decided not to pay the rent until he fixed it he took to the rental tribunal in which we lost and had to pay $2000 in rent that we owed plus the court costs he also got a fine of $500 but i refuse to pay the bill and that was nearly 7 years ago but my advice is seek professional advice and always pay your rent.
2007-12-27 00:22:28 · answer #8 · answered by emmamcleod76 2 · 0⤊ 0⤋
discuss this will an attorney in your area as the laws vary from city to county to state. otherwise, move.
2007-12-27 00:15:34 · answer #9 · answered by KitKat 7 · 0⤊ 0⤋