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Krissi | Is it illegal to refuse to keep up on maintenance on a rented home if you are late on your rent? |
My mother is currently renting a house. She hasn't paid this month's rent yet. Her breaker box is broken so she has no power, heat, anything in her home. Her landlord is refusing to fix it because she is late on her rent. Is this legal? |
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BoomChikkaBoom
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Your mom needs to call the housing or building inspector asap. They will come out and issue a violation, and the landlord will be forced to make the repairs immediately.
Your mom needs to document the fact that she requested these repairs and that he refused. She should send a certified letter to the landlord detailing their conversations about this matter.
If I were her, I would refuse to pay and wait till he took me to court and then I would request a rent abatement for the time that the power and heat were off.
The landlord has no right to withold services in order to force a tenant to pay. The landlords remedy for non-payment is to file for eviction based upon non-payment.
Your mom could also go to the court and request an emergent hearing saying that she is the victim of an attempted self-help eviction, and that her landlord has cut off all services to the building because she is late on the rent. The Judge will order everything turned on again and may even have the landlord arrested.
Self-help evictions are illegal, and it doesn't matter at all if your mom agreed to anything of the sort in her lease. You can't give up your rights, and any such clause in her lease would be unenforceable. |
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*<3_Gizmo*
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i'm with your mom..if they haven't fixed it i wouldn't pay rent...i'd say fix and i'll give you what you want...it the landlords responsibility to fix it...but i don't know if its illegal or not...cuz i've thought about doing that myself |
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KL
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Check her lease agreement. If there is nothing in there regarding this, contact an attorney. |
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E Sir
 |
Check the lease. |
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usaf.primebeef
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No, landlord must maintain house in livable conditions, contact county code enforcement division. |
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l_marie_allen
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No, but she needs to read the lease. It's not acceptable to expect someone to pay for a place to live that's not liveable. |
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tallerfella
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You'll have to check the lease. I do know that you can't legally with hold rent if it is NOT fixed............. |
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witchangel
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I think that you need to check your lease agreement and also check with your state - each state I am sure has different regulations. Good luck - I also have problems with our landlord! |
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backinbowl
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Check with the state agency responsible for renter-landlord disputes; they will be able to give you the exact answer! |
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whymewhynow
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She should to to court and file an "Order to show cause" This gives her the right to withhold the rent until all repairs are done. |
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SlapADog
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I was at McDonald's and a large group of illegals were in the bathrom using the sink as a shower all of them were half naked. Enough is enough!!!
http://www.youtube.com/watch?v=r7-4-nJKgHU |
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ZCT
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In most areas this is not legal. Power is considered a pretty important component of a home. Very few areas would permit a landlord to provide a residential property with no power.
Personally, I would give the landlord 24 hours to fix the problem, and if he didn't then I would pay someone to fix it. I would then send him his rent, minus the cost of the repairs. Even if he tries to sue, not many courts would uphold his complaint, give that he was choosing not to fix the electric.
Honestly, unless your mother has a history of being late with the rent, it sounds like she needs to find a better place to live. |
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Sue F
 |
I do not know what the rules and regulations are where she lives. You should check with your local housing department to find out what the laws are in her area. I own property which is rented, and I am obligated to keep all utilities running in the house for insurance coverage purposes, in order for pipes not to freeze etc. I am also obligated to keep the stove, refrigerator and sinks and toilets in working order. My property has to have working electricity, as it has electric heat. She, or you may want to check with a lawyers office about this. If she is in a colder climate and needs heat, I do not believe that the landlord can deny that. You may also want to check and see if the breaker box is the property of the electic supplier; if it is she needs to be contacting them for replacement as it may not be the responcibility of the landlord. If she has been habitually behind on her rent, this may be the landlords method of getting her to move out; without having to go through the eviction process. She needs to keep her rent up to date, this is the number one concern of landlords and/or landladies when renting property. That money goes to pay the taxes and upkeep on the property so the owners need to be paid, as agreed upon the rental. Good luck and have a good day! |
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phyllis_neel
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depends on if it's a habit on your Mom's part, or a bad tenant that landlord trying to oust---landlord's are required to furnish and maintain means of electric, plumbing, heat, refrigerator, stove, and structure of rental property |
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