Do I have grounds to withhold rent?
My landlord hasn’t fixed any of our maintenance issues since we have moved in. The only time he answers is when it has to do with money. We currently have a really bad mold issue due to a leaky AC unit, this unit also hasn’t been sealed properly and you can see outside. The fan in the bathroom ceiling is also leaking water and you can hear water drip in the ceiling in my room as well.
Both my boyfriend and his brother have severe asthma that requires utilization of a breathing treatment. The landlord was made aware of this on many different occasions and he just ignores the question when asked about fixing it. My boyfriend suddenly had gotten sick a couple of weeks ago from the mold and we now are unsure what to do.
I do plan on contacting a building inspector tomorrow morning to take a look at our apartment. I am worried the landlord will attempt to retaliate and try to evict us, especially with his behavior(very aggressive, verbally abusive, dismissive, has torn things I’ve hung up off my apartment door, harasses us all the time and wants nothing important, demands I respond to him at all times even when working, etc). Do I have grounds to withhold rent until he corrects this?
Withhold starting in December, November rent is paid. *
- Anonymous2 weeks ago
Maintenance and repairs
Do you have a section on your lease that says what I typed above?
I am assuming you did sign lease. Before signing a lease, it's very important to check off as much as you can. You don't want to miss anything.
On my my new lease that I am finishing typing up. It says:
The ________ must maintain ______, and property.
I left some parts blank because I don't want anyone to figure out where I want to live.
You could put after the word The landlord, and probably unit after maintain if you wanted to live in an apartment.
If you don't have what I said above on your lease then you should consult with lawyer.
- RichardLv 42 weeks ago
you need to speak with a lawyer in whatever state you live in
- Ding DongLv 52 weeks ago
You never have grounds to withhold rent, you'd think it would be fair if they don't do repairs but it isn't.
- curtisports2Lv 72 weeks ago
Read your state's landlord tenant law on the subject of withholding rent. No one here knows that.
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- SimplytheFACTSLv 72 weeks ago
is it a wall AC?
there should not be plumbing to the fan....where is the water coming from....this is a major hazard.....contact the city housing inspector.
how do you know it was the mold that made him sick? most is non toxic.
why are you hanging things on the door???????
laws vary on what you can do with rent...
if its so bad, why do you care about being kicked out...if your lease is expired, move...can't afford anything better....that is your issue......landlords need to raise rent to pay for repairs..YES IN SOME STATES YOU CAN WITH HOLD RENT OR REPAIR AND DEDUCT...there are specific procedures to follow.
- 2 weeks ago
Why would you even want to stay? Use this to get out of there.
Ability to withhold rent is based on where you are, state matters.
- MaxiLv 72 weeks ago
Where you live will determine if withholding rent is legal or not and where it is legal you have to follow the correct legal process....... asking on YA Q&A is not the correct process so before you go that route and find yourself court evicted with CCJs against you all and no chance of finding another landlord to rent to you.
You need to do things legally and that starts with putting any requests for repair/maintenance IN WRITING and keeping a copy, giving the landlord time to inspect and arrange a repair/maintenance.... and as far a 'mold' is concerned if you can see it, it is likely mildew and that is caused by tenants who do not heat, do not venetilate and do not clean....so all those need doing before you pass the buck that it is someone elses problem
- 2 weeks ago
As others have said, withholding rent is never the right solution even if you are legally permitted to do this in your state and you have followed the correct procedures.
Some of your list of issues are not relevant, important to select the complaints that are real or you will come across as a nutcase.
Except in Arizona, landlord is not required to repair a broken window a/c. Neither is he required to seal it although this would be a trivial fix for you to do.
A fan in the bathroom that is leaking water is dangerous and a code violation. Water and electricity should not mix. My guess is that there is a leak from the bathroom above that needs to be reported in writing as urgent.
Water dripping on your ceiling? Hard to know what that means but get it checked when the building looks at the bathroom issue. Report the issue in writing.
Your landlord is not responsible for your health issues, or that of shack-up or shack-up's brother. It is not his job to repair your breathing equipment. Is shack-up's brother even on the lease?
Mold may be connected to the leak/drip but is probably actually harmless mildew. Remove it with water and bleach. Report the issue in writing.
You are not allowed to put notices on the outside of your door. That is not part of what you are renting, it belongs to your landlord. In any case it is a very trailer park way to communicate.
By all means get a building inspector in. He will need to see all your dated evidence of reports to your landlord of the issues that are serious (the water). That does not mean text messages, it means proper requests written on real paper dated and signed. Date is important because landlord must be given time to respond. If you have done this right, landlord is not permitted to retaliate by evicting you. However, he can always refuse to renew your lease.
- InLv 73 weeks ago
NEVER withhold the rent. Follow up with the building inspector and contact your local Human Relations Commission for disputes regarding the Landlord-Tenant act. The landlord cannot evict you in retaliation, just for non-payment of rent or other violations of the lease terms.Source(s): ICC MCP
- sunshine_melLv 73 weeks ago
No, you can't withold rent.
Have you reported all the issues to him in writing?
(Have you considered moving out?)
Keep a record of all interactions between you and your landlord