Can I withhold rent?
So, I’ve been living with this apartment complex since June 1st, and I’ve been paying rent on time since I’ve moved in. I recently discovered that they misread my paystubs and I am getting evicted. The apartment is a low income restricted place and I was made aware of that when I applied. I also made aware to them that I am a server and make tips. They looked at my stubs and thought my tips were included with my gross hourly pay. I warned them that that is not true and they are only listed in the taxable gross income. They didn’t listen and said I made $28000. I thought that was very low since last year I made the same amount and only was working for 6 months. But they recently audited me and found a $7000 difference between my gross and taxable gross, which is from the tips... so now I make over $420000 and have to leave. It’s their fault they made this mistake and I feel like I shouldn’t have to pay rent for the last month due to this and the fact that when I moved in I had gotten bed bugs. I am 20 years old and I don’t know what to do. I can’t live with my parents anymore and if I withhold rent that would help pay for a new apartment. What should I do?
- SlickterpLv 77 months ago
No, you cannot withhold rent.
- sunshine_melLv 77 months ago
So you knew they had a lower income recorded, but didn't do anything?
Did you ever confirm to them in writing that your income was higher than their calculations?
Also; no, you can't withold rent. And bed bugs are irrelevant to this issue.
- StephenWeinsteinLv 77 months ago
No. Pay the rent. If you're still angry, ask a lawyer whether you can sue for the bed bugs. But pay the rent on time.
- babyboomer1001Lv 77 months ago
Retaliation is only going to get you into more trouble. Stop pointing the blame. You do not qualify and that is that. And they did not "misread" your pay stubs. You failed to disclose ALL of your income. If they have started the eviction process, you ARE going to be evicted. There is nothing anyone can do about it.
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- Beverly SLv 77 months ago
Why wouldn't you have to pay rent.. you live there.. you pay.
- Anonymous7 months ago
You can't withhold rent.
You could possibly be facing fraud charges.
- R PLv 77 months ago
You owe rent for every day that you live in someone else's property. It is not the landlord's problem that you don't have the funds necessary to move.
If you withhold rent, the landlord will initiate the eviction process against you, which will make it a LOT harder to find another decent landlord to accept you as a tenant.Source(s): FL landlord
- Anonymous7 months ago
Oh look! Another self-entitled millennial.
1) You live there, you pay rent. No one owes you free rent.
2) You knew how much you made and what the income limit was and yet you moved in anyways hoping that it wouldn't catch up to you. Shame on you. A true low-income person could have been living there.
What is wrong with you? You get low-income rent that you weren't entitled to and now you want a free month on top of it?
ETA: You didn't know how much you made but you expect your landlord to? It was right there in black and white. Your landlord is not your mother. You want to stiff your landlord for ZERO reason and you're calling ME rude?
ETA: Yes you DO want free rent. You said point-blank that you think you should get to live there for a month without paying rent.
- Casey YLv 77 months ago
You do not want a judgment against you by a prior landlord...that's the easiest way to end up getting blocked from good housing options.
You live there, you owe rent.
The apartment is income restricted and you make too much money...but you already knew you would be making too much (The apartment is a low income restricted place and I was made aware of that when I applied.). You haven't been working long enough for your annual tax return to show your actual annual income...which is how these things are normally handled.
Are you actually being evicted or were you given the option to "quit.?"
- Glenn SLv 77 months ago
Move. And yes, you need to pay the last month's rent. You lived there.