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Alexis K | Can I deny my landlord rent due to conditions in my apartment? |
I live in a townhouse apartment. On the main level there is a bathroom, which sits directly below an upstairs bathroom. The tenants last year had a leak upstairs which they failed to report, so in the downstairs bathroom there is extensive water damage, including slimy black mold. Not only has this mold rendered the bathroom useless due to stench, it is costing our electricity bill because we have to keep the overhead fan running in the bathroom 24/7 to help keep the smell locked in (we have the door shut, but it's quite powerful). On top of that, I personally got extremely sick due to exposure and had to be taken to the hospital.
The landlord here is known for putting off projects and taking advantage of their tenants--my row of townhouses is actually my sorority house, so we don't really have a choice as to living here or not. I pay my rent semesterly, and so I have nearly $2000 due on September 8th. Can I refuse to pay until the mold has been taken care of? |
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Landlord
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Unless the mold is hazardous, and I can tell you that it is not, the hazardous mold is dry, not slimy. It sounds like you are describing a black algae.
Anyway, no you can't legally deny rent based on this. You can sue and try to obtain a court order to have it fixed, but you have no legal right to play judge and not only determine the legal outcome, but execute your own verdict.
You would be evicted, which will make getting a job in the future much harder, it shows up on your credit report.
Isn't there a sorority mom? Don't they have those anymore? She should talk to the landlord for you. |
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chito
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What you do is call your local Legal Aid in your town or visit and explain everything to whom you talk to , they will guide you
and tell you what you can do legally ,pick up a copy of the booklet " tenants rights" while you are there, you're just asking for all the legal move you can do and maybe get reimbursed for all expenses you spent.Hold off the rent till you talk to Legal Aid.
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chatsplas
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READ your lease. Probably not. Go to University for help, to Legal Aid, to local housing. There are sometimes programs where you pay your rent to program and they keep it until problem is repaired. Also if problem is this bad, get housing inspection, and get them after him for repairs. If home is uninhabitable, LL may have obligation to pay to put you up elsewhere. Consider telling him all this. Get an attorney: initial consultation is free or cheap, get him to write LL demanding repairs by month's end, or see if sorority has attorney and can help since it's the sorority house. |
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smn
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Your national sorority has great lawyers working for it (or volunteering time) dying for issues not related to defense of hazing charges. Contact the national office for advice. If it relates to anything relating to the sorority or its members they will generally help. (Especially if they're requiring you to live there.) |
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Gertie
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If the house is uninhabitable you could withhold rent.
Why didn't you notice this problem when you were looking at the place before you decided to rent? Did the landlord cover it up or what? |
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9 daughters
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This is a question that comes up on virtually every discussion of landlord/tenant laws and every statement on this subject always includes the disclaimer that, if you do this, you do so at great risk to yourself.
The reason is a tenant's obligation to pay rent and a landlord's obligations are not contingent on the other. In other words, you still have to pay rent even if the landlord is a deadbeat and the landlord has to fulfill his obligations even if you don't pay rent.
Aside from all the legal stuff, the quickest way to get a landlord to take you to court is to not pay your rent, especially in your case where several month's rent are due. Unfortunately, your explanation of the mold is not a legal reason to withhold rent so you'll lose your case.
That's the bad news. The good news is you have recourse. Mold is a serious issue because of all the health implications. You can contact county and/or city officials because you have a health hazard. That should light a fire under the landlord. However, in the interest of maintaining as good a relationship with your landlord it would be prudent to send a certified letter of what you intend to do first. Of course, you also have to right to go to small claims court to force him to fix the problem. Some repairs are at the landlord's discretion but not one that has a health implication. |
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Dale H
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I would ask the landlord to come and inspect the damages and give you an estimate as to when they will be repaired. Do it in writing. Send a copy to the local office of housing and let him know that you are doing that.
I am not an attorney, but this is an issue of health and safety. You should check with the local housing office to see what your options are or contact an attorney. I think that you ought to be able to put the rent in an escrow account pending the landlords completion of the repairs. The sooner he completes the repairs the sooner he gets his money. He has an obligation to repair the damages.
Keeping the door closed and running the fan will never fix the problem and where water damage is involved, it will not get better over time.
Good luck. |
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david b
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Mold is a big issue in housing right now, and could very well make this a safety issue. You don't say what state you're living in (or what country for that matter), and state laws can make a huge difference.
You can try looking here:
http://www.rentlaw.com/statelist.htm
In the areas I'm familiar with, the landlord must provide a working bathroom. Failure to do so can be a valid reason to withhold rent (again depending on local laws). A lot is going to depend on how bad the mold really is. You could consider calling the health department if you think it's really bad.
Please provide more info about what city you're in if possible. |
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Sharon T
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No, not in most states. If this is your sorority house, can't either the sorority or some campus office help you get some leverage with the landlord?
Have you written a certified letter to the manager? You need a paper trail of your attempts to have the problem rectified. |
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