Can you withhold your rent if your landlord is a slumlord

Question

When i moved in here,there were many repairs that needed tio be done,i assumed he would finish them,but not really,now im realizing that im paying so much rent and there are so many problems,ive asked him and he says he will send someone out,but never does,can i withhold rent till it gets done or will i end up booted on the street?

Answer 1

You can, under some conditions, if the landlord has violated the terms of the lease. Read the lease.

I'm not a lawyer, so this isn't legal advice. However...

As you imply, you had nothing in writing from the landlord about making repairs. Always, always, always, get that in writing. In real estate, in particular, a verbal promise (had he made one), although legal, would not have been enforceable.

Your lease probably contains some language addressing "habitability." If some of those needed repairs make the property uninhabitable (for instance, no water service, or non-functioning toilets, or no heat), then you can follow the proper channels which ultimately may end up in giving you the legal authority to withhold your rent.

However: To answer your specific question the way you posed it: No, you can't simply withhold rent if maintenance isn't being performed as you believe it should be. If you do, the landlord will take you to court and attempt to have you evicted (it's called "unlawful detainer") for violating the terms of the lease. And from what you've presented here (nothing in writing from the landlord regarding repairs, a property in habitable condition), the landlord would have a good chance of winning.

Answer 2

You moved in so it is assumed you approved of the status quo. Your lease probably says something to the effect that the apartment was in good order when you moved in.

You CANNOT withhold rent without following a specific set of steps that nclude repeated written complaints of SUBSTANTIAL defects, paying full rent into an escrow account.

You must give develope a paper trail in order to get any traction.

Answer 3

It really depends on your states landlord tenant laws and the required repairs.

You would need to check the laws for your state. Some states allow rent withholding only via the courts, others have specific steps that must be followed before doing so and other states  do not allow it at all.

As far as the repairs needed, if they are habitability issues, you would have to call in the local housing inspector, who will then write up the landlord for violations & order the repairs be made or fine the landlord.

Answer 4

You can withhold rent if you have a court order, not for any minor thing under the sun.    If you really have a "slumlord" then you just need to contact the health department, they will force the issue with him, or give you the report that states the apartment does not meet health and safety regulations and you will get your court order.   With your court order you put rent into an escrow account until after the repairs are made and rent is paid after they are completed.

Withholding on your own is not legal and will get you evicted for not paying rent.

Answer 5

Not without permission from the court.

In the future, never rent a place or sign a lease (or have it as a clause in the lease) that the repairs will be made prior to move-in or you have the right to cancel without penalty.

The reason being, you cannot resort to self-help measures.

Answer 6

You can go to Small Claims Court and pay $35 to force the landlord to do the repairs.  You can not withhold rent first.  The judge taught a class on this.  He said to come to him first and he will take care of the landlord. /

Answer 7

depends on your location. in california yes you can but just until the repairs are done.