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xxLeannexx | Can i get evicted? |
I privately rent a house, i informed my landlord on the 26th of october 06 that i had damp everywhere becus of the rain we have had, he said he would sort this, ive been sending rent every month but havnt seen anything of him, i then receieved a letter yday asking me to forward this months rent as it is overdue but i feel that i shouldnt pay up again until he comes and sorts it out, what do u think? |
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BOBBIE
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Listen i am a landlord,its the landlords responsibilities to keep up with the maintenance of the house.Its the tenant's responsibility to pay. THEREFORE ,when the landlord doesn't do what is required by law. Then you as a tenant need to put your foot down,Take your rent money and put it in a escrow account.keep it there until all repairs,on behalf of the landlord is done..Notify the landlord and tell he/she your aware of your tenant rights...Enough Said.. |
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Beck
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The laws vary by state, contact a local Realtor, or a Real EState attorney, and show them your lease, as well as explain the situation. Usually, when you have contacted a landlord about a non-liveable situation, and he fails to make any attempt to correct it, then you, depending on your state's laws, can walk away from the situation. He is, in effect, the one who is not honoring his responsibilities in the lease. Definitely get some legal advice. |
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Moosha
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Unless you are putting your rent into an escrow account then yes, you can be evicted. You should call let your landlord know that your rent is being put into escrow until the problem is fixed. Look up escrow accounts in your state and open one. |
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littledave
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give him the money and tell him your not paying next months unless he fixes the problem |
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Sam
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You owe the rent regardless. After all, you wouldn't stop paying your car payment because you had a flat tire, would you? Pay the rent or you can be evicted. Then send your landlord a certified letter stating that you want the repairs made, otherwise you will be forced to see to the repairs yourself and deduct the cost from upcoming rent checks. This might not be legal to actually do, but you will most certainly succeed in getting his attention. |
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Phoenix, Wise Guru
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You cannot simply withhold your rent - you will be evicted and it would be completely legal. What you may be able to do is set up a legal escrow that you will put you rent into until he deals with the issues. You should contact the local Housing Authority or similar organization. This could also be considered a breach of contract on his part for not maintaining a suitable living space and you could get out of your lease. Let him know that you are planning on contacting the Housing Authority and he will jump on it. Be sure to also send him a certified letter stating the issue so that you have a record of informing him of the problem. |
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pandabunny
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you can only get evicted for certain things - not paying your rent is one of them. i suggest you keep paying your rent and make sure you keep bugging him about the problem with the dampness. If it doesn't get solved, I would either move or get an attourney to write a letter of your concern, or send a registered letter with your concern, so that if you ever go to court you are the one that looks like you got all your ducks in a row, including having rent paid in full.
I lived in Seattle and didn't have hot water for 7 months. I had to wait till I got a new manager until I got my hot water fixed. Believe me, things could be worse. But ALWAYS pay your rent, or you got no case. |
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Hawkins
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You are thinking correctly. If he or she kicks you out take it to court. They have a landlord handbook that says they have to fix it. Its a health hazard |
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sheila f
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I know that I wouldn't pay, dampness can end up with mold, and make you very sick, your landlord only has a period of time before having to fix it, I know that if you went to court for it, the judge would be on your side, I would write a certified letter to him and tell him your situation though so you have record of it. Good luck to you |
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dizzydogblack
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pay the rent and if you are in the uk contact your local council I think its the enviromental issues and they can check it out and get your landlord to sort it |
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hailfeal
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is there mold anywhere? he should fix the problem now. dampness will lead to mold and once mold spores start multiplying through your home he will have to hire professionals to get the mold out. it will be a safety hazzard and a huge waste of money if your landlord does not fix the problem now. tell him this, if he won't fix it within a week, use your rent money to get it repaired and send him the recipt with the rest of the rent. in canada the landlord has to fix it. if they don't the tenent fixes it and the cost comes off the rent. its law |
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Casey B
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It is his responsibility as a land lord to fix the issue that you are having. You could hire some one and get it fixed yourself and then tell your landlord he can deduct that from your rent.
Also, check your rental agreement...your landlord has a responsibility to take care of the property in things that you have no control over. You can turn him in if he does not comply.
If he does evict for this, take the situation to court. Im positive you will win. |
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susie
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your best bet go to citizens advice beau they should be able to tell you your rights . |
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L C
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You should document that the house is damp and it is causing an unsafe condition and that is the reason you are withholding your rent. Be sure to write a letter to the landlord and not just make a phone call. If the dampness is not causing the house to be unsafe then you must pay your rent. |
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wish I were
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You cannot withhold rent, you have to after the landlord. |
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R Stoofaloh
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Legally you cannot withold rent. Best to pay and try and claim later for any problems that havent been sorted.
Had a similar problem with landlord not fixing hot water for ages and was advised by solicitor to pay rent and claim later. |
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joey322
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don't withhold rent, this will make BOTH of you in violation of your lease.
document any conversations with him about the dampness. then, file a claim against him as a slum lord...seriously.
keep paying rent and allow the court to order him to fix the problem.
take care. |
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m_13
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I'm guessing you are in the UK? You need to take advice as if you refuse to pay rent that you are in breach of contract. However, he cannot expect you to live in a house that is uninhabitable.
Shelter provides a free, national telephone advice line staffed by trained housing advisers. They have helped thousands of people, from finding them a place to sleep to suggesting how to handle mortgage arrears. Ring free on 0808 800 4444. Their lines are open seven days a week from 8am to midnight.
Good luck. |
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kelly f
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Officially you have no right to withhold rent, however for your landlord has to serve notice to you and he can only do that through the county court.
Until you receive this notice there isn't a great deal you can do, however when you do, you have to take yourself up to the court and apply for a suspension order (this will cost £35). you will then be given a court date.
Attend this meeting and explain that you have with-held your rent due to the fact that the landlord hasn't taken care of his property,and this was agreed in your tenancy agreement. Explain to the judge that you will be happy to pay your rent when the problem is sorted. If you have suffered any illnesses as a result of the damp (the judge won't know if you haven't!!!!) explain this, an that you have contemplated moving as a result, add that you would have needed the rent money as a deposit for a new place if nothing gets done.
Take photos of any mould that may have developed and records of contact you have had with your landlord regarding that matter.
Any further problems-contact SHELTER they are really helpful |
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jobo
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It's a complicated situation. You are probably renting on a "as seen" basis thus the landlord may not be required by law to sort the problem. |
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minispears05
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if you dont like the problems the house has find another one. yes you can get evicted he will call cops and since your landlord knows some personal information he will give it to cops and cops will put it on you record. You got what you paid for if it was that bad you should have found another place that fit your needs and dont rely on your landlord to fix problems. his job is collect rent not fix house mishaps or urgent repairs. Keep in mind that he is not your friend and most land lords will not make negotiations |
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