Legally, should I hold off on paying rent?

Question

I will keep this as short as possible:

Many weeks ago my roommates and I signed a one year lease and sent it to our landlord for him to sign. Since then, we have not gotten the signed copy of the lease back.

Additionally- Our negligent landlord has yet to respond to our many calls for him to fix our windows which are not properly sealed or screened thus we have flies and unnecessary drafts which will be highly unpleasant come winter.

So the question is; due to the lack of response from our landlord in regards to the necessary repairs and the signed lease, would it be prudent for us to avoiding sending in a rent check this month?

I'm not a lawyer- hopefully a few of you are :)

Answer 1

Why would he need to sign anything? He made the offer and then, when you signed, you accepted the terms of the lease. A contract was formed the minute you signed, and in some jurisdictions, the moment you sent it to the landlord.

The repair problems are a different issue though. You should send a letter in writing and you can send it certified so he has to sign for it. You can say in there that if the necessary repairs are not made, that you will terminate your lease due to the nuisance he has created, and you can cite the quiet enjoyment law. If the lack of repairs legitimately interferes with your quiet enjoyment of the premises, that is grounds for a breach of contract on his part, and you can usually get out of lease agreements on those grounds.

*This is just general discussion. For legal advice, consult an attorney licensed in the proper jurisdiction.

Answer 2

Two wrongs don't make a right.

Continue to pay your rent.

Send your landlord a registered letter outlining the problems and requesting your lease. That way you have documentation.

Call your local Better Business Bureau.

If you do the above and it becomes a legal matter you will be prepared.

Answer 3

Call the better business bureau

Answer 4

go to housing court  

Answer 5

I am not a lawyer but, this is very similar to an action that was on one of those judge TV shows.

The answer was you are obligated to pay rent however, instead of paying it to the landlord there is a way to pay it to an escrow account.  The account would be paid to him when the stipulated repairs are made.  Check with a housing court for the details.

Answer 6

You signed the lease, it is a binding document on your part. He can claim you lost your copy.

Check your states laws to see what the rental housing codes are. Most states have adopted the HUD rental housing codes. Not all states have.

If you have a violation of contract or state law, put your request for maintenance and repairs in writing. Most states require that. Make a copy for yourself, and note the date and time you give the original to your LL.

You must continue paying your rent or the LL can evict you.

The proper course of action is to file a court action for violation of your state housing laws if one exist. In most states, your rent money will be put in an escrow account by the court until the case is decided.

However, while the case is being decided, you must still put the rent money into the escrow account each month. You don't get to live there without paying for several months, while the case goes through court and then move out without paying.

If you win, the court will award you whatever remedy, money or free rent, or just having the repairs done,  you are entitled to by state law. If you loose, you may wind up paying the LL attorney fees.