My landlord is sueing me and my roommate because i withheld the rent .?

Question

my landlord is sueing andor evicting me and my roommate she sent a letter with my name and rommates name for non-payment of rent due to the fact because i have been here for over seven months and there has not been repairs made after all of my asking of my landlord to fix the apartment even though my roommate never signed a lease can she still be sued for the rent.

Answer 1

Your friend never signed a lease? Or rental agreement? Or any legal document? Even so, the property owner can still sue because you clearly had a verbal agreement because you lived there! It will just be messy case.

Answer 2

It is illegal to withhold rent without a court order.   What do you expect him to do?   You gave him no other choice then to sue you.

Answer 3

ur friend might not get sued cuz they're not on the lease but i dont think ur landlord will win the case if u fight back with ur reason of her not fixing things....

Answer 4

Holy cow, that is a really really messy situation. Yes, you can withold rent due to repairs but, it's really touchy and dangerous. Your landlord can get in a ton of trouble for not repairing the house after you've requested it. But, they CAN evict you due to default on rent. Also, you're roommate is not liable for rent if they did not sign a lease.

You're going to need to talk to a Lawyer about this.

Answer 5

pay just little once a day

Answer 6

Only the person is under the contract.  You should have seeked legal help before taking matter into your own hands.

Answer 7

h**l yea the landlord can sue you for not getting his/her's rent by the hour

Answer 8

Well if he's sueing you he has a right.  You have to pay the rent sorry!

Answer 9

The landlord needs to name both of you in the eviction suit - all adult occupants must be served, as all will be evicted from the premises.

Your landlord can sue both of you, but you will be the only one on the hook for the rent since you signed the lease.

You do not have the right to withhold rent for repairs unless very specific steps have been taken PRIOR to witholding the rent - if your state even allows it.

You needed to look up and follow your state's landlord tenant laws regarding having repairs done and withholding rent.

Answer 10

Nope, Your fully responsible!!! and for there to be an eviction, there has to be a hearing with a magistrate. So just turn up at this hearing, and explain to the judge why your withholding g the rent.

There will be no eviction, and this will cost your landlord!

Personally, i would say its just a scare tactic.

Just a word of warning though.... Don't be spending that rent money!!! You are aloud to withhold it, in full, for as long as it takes. And, don't worry. Your landlord would be doing you a favor by taking you to court, because he's at fault for not keeping the property in good repair.

Answer 11

your dumb, you have to pay rent she doesn't HAVE to do anythign for you...

Answer 12

She can be sued if she is a tenant landlord may not win unless it can be proved that she helped pay for the premises.

I know you may have tried really hard to get the landlord to live up to their commitments but it really is easier way to go when you find you aren't compatible with your landlord to move and find a more suitable residence.

Giving him a figurative whack on the head by not paying him is not likely to make him want be nice to you! Either you're being unreasonable in your demands, or he's a slumlord  either way unless you do this right you aren't going to improve the situation.

The rules are very strict for withholding rent for repairs not performed 1st they have to be defects that affect habitability, A 3rd party should confirm the conditions and need for repairs , and the landlord has 30 days  to do repairs. The tenant has to deposit all the rent due, when it is due , in an escrow account . Then a judge will force the landlord to give evidence that the repairs have been done and he is awarded payment of all the rent collected and due. If you haven't done all this the judge will find that you just didn't pay your rent , and you will be evicted and will have a money judgement for any rent not paid and damages that the Landlord can prove.

Answer 13

Only you can be sued.  But you didn't cover yourself.  You need to check with the tenant's union in your area, but in most places you have to give the landlord notice that you're going to use rent money to make repairs (after giving him/her a chance to fix things), have to present them with the bills and then can take it out of rent.  You have to cover your butt with these things.

Answer 14

Yes!! because you can't legally withhold the rent. You are responsible for taking her to housing court so the judge could place your rent in escrow. Your landlord want be able to get it until  she fix all issue's concerning your place.

Answer 15

Let me ask this.  What repair hasn't she made that's worth wildholding rent?  If it's something major, there are procedures you need to follow.  You can't just decide one day, I won't pay rent.

You have to send them notices(certified/return receipt) and give them reasonable time to make the repair.  If they still don't do it, you can use the rent money to make the repair and send them the balace of the rent minus the repair, along with a copy of the receipts.  If they complain about how much was charged, tell the "tough"; you should have fixed it.

The repair has to be something that you can take to a judge and say, "This really needed to be done for me to continue living there."  It can't be something silly, like the towel rack is broken, or something that makes it look like you are trying to of paying rent.

Answer 16

Yes.  In most jurisdictions, you never have permission to legally withhold the rent.  You can pay your rent to the court instead of to your landlord, and pursue action to have the repairs done, but you can't just keep the money.  And no, if your roommate is not on the lease, they have no requirement to pay rent to the landlord.  You are soley responsible.

Answer 17

the only way you can hold up in a case like that is if you used that rent money to make repairs, and gave any extra to the landlord.

Answer 18

If the landlord acknowledges the roommate is indeed a tenant, they may be sued for rent. You cannot occupy a person's property without being liable for rent in most states. I do not know the type repairs you needed done, but since you did not make them then I would think they weren't necessary, but perhaps cosmetic. I think the landlord will win this suit, because you didn't properly prepare before you acted.

Answer 19

Well, then you need legal help because you are right for not paying for rent. And should receive justice.

Answer 20

If your roomate has no part in the ownership of the apartment then the answer is no