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Kier | Can a landlord request rent in October when they have yet to fix the shower from August thus you have no activ? |
I have been living in an apartment to which doesn't have a working shower!! Yet I still keep paying the rent! The landlord granted is a friend but she has been saying she was going to fix the shower since before I moved in, in August. Thus I now I have to go into her house where she has kids and a boyfriend and take a shower which is a huge problem. Here it is 3/4 months later and the shower has yet to be fixed, not to mention lack of garbage pick-up because she owes the company money as well as not having my own personal entrance because she has still yet to fix the door as well. I usually pay rent and all bills on time and am very responsible with money but I feel that with it being October and nothing has been fixed like I was told it would be I shouldn't have to pay or should at least be re-reimbursed in some way shape or form. Please let me know if I am wrong or not because this living situation is not working out especially being in graduated school. |
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Da Sna - Ke
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Yes you have to pay rent. You can choose not to pay it and she can evict you as well as you lose all ground you would have in a court if it went that direction.
What state is this in? Each state has their own tenant/landlord policies as to what each side can and cannot do. I suggest you google it and brush up on the rights of both parties.
As far as a shower, yours may not be working but you do still have another shower to use so she is providing one, even if it is an inconveinence. The door I can see being a fire hazard. If there was a fire your shortest route outside is not operational. Is the garbage sitting outside or does it get taken away by the landlord? If it is sitting then that could be a health violation.
What you need to do is become familiar with the landlord/tenant rights. Document everything that violates your rights as a tenant. Pay the rent even though you feel like you have the short end. If you fall into violation then you lose much ground in court. Two wrongs don't make a right!!! |
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Adam S
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You still need to pay rent if you have a lease. You can file a complaint against her at the fair housing office. |
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Real Estate Guy
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I would pay October's rent, especially since it's past due.
Along with the rent check, I would tell her (in writing) that you want the shower fixed by October 10 or you will hire a plumber to fix it and deduct the bill from November's rent.
Having working plumbing is a basic right in your apartment. I don't recommend doing this for all problems, except when you have given the landlord more then enough time to fix a problem AND the problem is something major like heat or A/C, electrical or plumbing. |
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thatclarkdude
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A landlord has the obligation of providing a "habitable" environment. From your description, it sounds as though you don't have an official lease agreement. I would suggest offering her that you would fix, or have fixed, the shower and door, provide receipts, and pay the balance of the rent. That would seem to fit everyone's needs. |
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gafpromise
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You cannot withhold rent arbitrarily. However this is a major habitability issue with the shower and the garbage pick-up, which I'm sure violates city code. Here is what you can do: Send a written demand letter (and keep a copy) letting her know what you intend to do if the situation is not resolved by X date (i wouldn't give her more than 10-15 days). Be very specific but polite in this letter. If she doesn't respond you have two options. (1) Get the work done yourself, save your receipts, and take her to court to be reimbursed. (2) Sue her. Pay your rent into an escrow account with the court. She will not receive the rent until the issue is resolved. The judge will probably allow you to break the lease at this point. |
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doingthepanic
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If you have documentation that you asked her twice to fix the shower IN WRITING, then you don't have to pay, but if you never got it from her in writing then you need to pay your rent, else she can evict you. |
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chatsplas
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TALK to her, since she's a friend. Tell her that you have waited too long without working shower. Tell her you will call plumber to fix shower, pay for it and then pay her the rest of the rent. This is legal for tenant to do in some states, not in others, but can be done by agreement between LL and Tenant in all states.
IF you can't work this out. . . .you need to MOVE. . . . give 30 days notice and move out. . . . . |
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estielmo
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You can't withhold rent without jumping through a bunch of hoops. Since she's a friend simply tell her: "I know it's a pain in the butt to fix the shower and door, so if you want, I'll have someone do it and tak it out of next months rent." If she balks, calmly tell her that you'll have to move. Don't get into a shouting match.
As far as the trash, just bag it up every day and dump it in some trash can you run across each day. |
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educated guess
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You still owe the rent. You need to tell her it is not working out, that she needs to fix the problems. |
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legalbgl
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withhold a portion of the rent and place it in an escrow account. Tell her that you are placing it in an escrow account and that you will only give it to her when the shower, etc. is fixed.
OR,
Fix the shower, etc. yourself, then deduct the amount of the repair from your rent. |
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Mariposa
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I would not pay another penny, as you are not getting what you are paying for. What kind of friend would let you live like that? Not a very good one. i would look for another place to go IMMEDIATELY! |
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