Landlord
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You can try suing her, but your problem is that you owe her rent, you need to pay her the money you owe her. She is likely to counter sue for the rent and any damages she incurred. You could not have possibly legally withheld rent, because legal withholding includes putting it into an escrow account. It is never legal to simply not pay it. |
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alta
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Despite what others say, there are times when you are with-in your rights as a tenant to withhold your rent, and this seems to be a possibility.
She has no right to withhold any of your goods, this is completely different that you owing rent. The only way she can take your furniture is if she goes to court and gets a bailiffs order.
Contact the landlord and say that you will be arranging to move your furniture on "blah blah" date, and expect to be given access. If no access is give, you will take further action.
For future reference, you should speak to enviromental health if a situation comes up again.
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****
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You clearly have a case here. Go to CAB and get someone to help you. |
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A D
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I suggest you check with a local tenant's council or housing dept. Take your lease agreement.
Depending on your local governing rules, she may be well within her rights to hold your possessions until you pay her what you owe.
Withholding rent is never a good idea.
Good luck. |
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Rocksteady
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You should have stayed put and got in touch with your Council.
They would have contacted your Landlord....You have Rights you know.
She is allowed to keep the furniture till you pay the money owed...
Seek legal advice. |
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gafpromise
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There are a lot of issues here - you need the advice of a licensed attorney. If you cannot afford one call Legal Aid or your local housing authority, they may be able to help. |
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estielmo
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They can't keep your stuff, BUT you can't withhold rent unless you have followed all the specific steps in your state. |
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WelshLad
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Your mistake was holding back rent, which you should never do.
To get it resolved pay the outstanding rent and you get your furniture back. |
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Margaret S
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You can certainly arrange with the landlord to retrieve your possessions but if they have been in the home you were renting all this time then you may find yourself owing rent for that time as well as any other rent arrears.
It is NEVER acceptable to withhold rent from your landlord.
It can easily take at least 10 weeks to get a repair done. Have you ever tried to get a tradesman to do a job quicker? Nigh on impossible sometimes.
I have a whole house waiting to be renovated but I can't get anyone to do the work. It has been empty now for 8 months. Cental heating/boiler people are so busy they say early January. Kitchen fitters same. Electrician has first fixed and is waiting on other trades so he can complete. Plasterer has me 'pencilled in' for the 2nd week in December.
I know it is awful to need a repair done but it is not always that simple and also by withholding the rent you may have made it impossible for your landlord to finance the repair. |
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Lisa S
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That depends on where you live.
In the US, consumer protection varies from state to state---but if your state allows you to withhold the rent, there is a process to do so.
In my state you MUST put the rent in an account in a bank, and send the landlord a letter stating that you have done so. If you fail to do so, they can evict you. If you haven't done so already, contact your bank, and tell them what you need. They will steer you in the right direction, as far as as which account is suitable to your need.
But the law will not protect you if you simply do nothing.
Good luck! |
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Max Power
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This totally depends on the terms of your lease agreement , But somehow I doubt if it states any thing about holding personal belongings , threaten her with reporting her for theft , you should not have withheld rent ,but it is up to the court to decide that one |
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veronicawebster@ymail.com
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Call the cops or call the landlord tenant act for whatever city you live in and find out what your rights are |
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AJ
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You both are wrong, you can't withhold rent, and the owner should have fixed it quicker. The way it sounds is like the only way to resolve this situation is to go to court. |
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Raceangel
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sue her for breach of warranty of habitability in civil court.
its her resposibility to keep the place habitable. plus she should have taken you to court for not paying, and not kept yor stuff.
make sure you have the documentation to the fact that the boiler was broke and was in need of repair and that you notified her of the problem and that it required her immediate attentention. You can also get affidavits from anyone that can verify this fact, it will add more to the case. plus you can get her for inconvience and pain and suffering and maybe even to pay your court costs. |
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robdunf
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As long as you have the rent (as in you haven't spent it on chrimbo presents!) you can visit Citizens Advice and the local council and ask them to intervene. You are morally in the right here, but the landlord/lady might need the money to fix the boiler... |
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iTim
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just tell ur kids peed on tht couch like hell!!! |
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Jenna S
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Go to your local citizens advice bearou. To witheld rent you must be able to PROVE it was because of her not doing repairs, like keep written documentation of a letter than you wrote to her to state rent was being witheld for that reason |
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Jeff W
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Read your lease for under lying statements regarding lack of payment. You can also get a lawyer involved if you have proof of no heat to the home. |
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GreatFish
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You're never supposed to with hold rent. Always check state laws to find out the guidelines for handling these situations. |
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Cocoa Dusted Love
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Sorry, but you should NEVER stop paying rent. That means the landlord can kick you out, and yes, legally they can keep your stuff until you pay what you owe them. You need to pay rent THEN apply to the council for getting part of the money back because the heating was broken. NEVER like you did.
If they are holding something that you desperatly need, like your childs clothes or asthma spray, talk to CAB or the police. |
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