 Is there an agency that supports tenants rights? |
| I have a friend in rented accommodation and his Landlord is a waste of time not effecting the simplest of repairs yet increasing the rent. Is there anyone my friend can turn to for support?... |
|
 Can my landlady put the rent up however much she wants? |
| my shorthold tenancy ran out on the 22nd oct 06 with the rent at £425pcm. I received a letter from my landlady on 1st Dec 06 saying she was willing to offer me another 6 month tenancy beginning on 22... |
|
 I think I can afford living on my own, but can I get you're advice? |
| I want to move out. For many reasons. I want to live on my own before moving in with someone else. I want to know what I like and dislike and what I have OCD over before letting other people live ... |
|
 I'm trying to buy a home, can someone help me? |
| I would like to buy a home nothing spectacular, just for me and a 3 yr old boy. The problem is I'am currently unemployed, because I'm going to school. I have a check that comes every month ... |
|
 Can you be evicted for being late with your rent, if you've been having medical and financial hardship? |
| I've been ill and because of it lost my job. I've been looking for something right away, but in the meantime my rent have been late. I'm single, with no family, and my credit isn'... |
|
 Can our landlord do that? |
| When we entered into our lease we payed first and HALF of last months rent. Now that we are moving out our landlord is saying that the half that we payed in the beginning does not go towards our rent.... |
|
 What should I do about this fence dispute with my neighbor? |
A few months ago me and my neighbor both mentioned we were planning to fence in our backyards. I suggested to him we could save some money by sharing a boundry fence. He refused that offer.
... |
|
 Will I get a $300,000 mortgage with no money down in south florida? |
| Here's my stats: Credit score 650-high 600's depending on who you ask, income $110,000/yr, stable job (pharmacist), good credit history but approximately 15,000 revolving debt and 120,000 ... |
|
 Housing is expensive these days.. can't people just start living in their cars.. is this a fix? |
Plus there'd be no mortgage or payments. i mean, say a car is 8,000 to 14000 or whatever. Isn't that better than buying a house which can be 200,000 and up ( at least in CA)
I ... |
|
 Is it right time to buy a flat ? |
| Everyone say prices of real-estate has come down, Is it right time to buy flat now.... |
|
 If you had a choice whether to buy a mobile home or rent? which would you choose? |
| people tell me that mobile homes are devaluated once you buy it, i know. I am currently in college and graduate next year, my husband is the only one working right now so we wouldnt afford a big ... |
|
 How can i find out if my neighbours own or rent their house? |
| we don't speak and the fence between the properties has fallen down, I'm trying to find out whose fence it is and who has to pay to put a new one up. If it's rented then is it the ... |
|
 Can a landlord evict you in 15 days? |
| my landlord came to me with a written piece of paper she wrote herself saying i had 15 days to pay up the arrears or have to vacate after the 15 days.I live in Ontario Canada.Should i sign it or what ... |
|
 First time buyer In process of buying a house and having second thoughts, worried about negative equity? |
| My boyfriend and I are currently in the process of purchasing a house, we've paid a lot of money for a 2-bed house as it's in top condition and location. Legal fees have already been paid, ... |
|
|  |
morelia_lady | Is it illegal to withhold rent until an issue is resolved? |
I live in a decent apartment building that is unfortunately having some problems. The main issue is with the ventilation - our apartment always smells like cigarettes and cooking from other people's apartments, and today, we're both a bit dizzy from the varnish fumes that are coming into our apartment from another apartment that is having its floors re-finished.
I don't like the idea of withholding rent or having harsh words with the apartment manager (I did, however, leave a couple messages regarding this, neither of which she responded to), but I feel that it might be the only way they will do anything about it. Is it illegal to do that? It seems like it would be... but you never know!
Additional Details
This is an actual problem with the ventilation that has happened before. It's not just the smell coming down the hall - the ventilation fans are broken or not working properly.
It is -20C here and I have pets and a baby so it's really not possible to open the window to aerate the apartment. |
 |
 
red riter
|
No, it is not legal.
If you don't pay rent then you can be evicted.
Consider moving. |
|
Richard W
|
It depends on where you live and what the Tenant Laws are for your state.
Most states provide that if you have an issue with your apartment (rental), and you provide the landlord (management company) with a WRITTEN complaint--they have a period of time in which they must correct the issue.
If it is a life safety or health violation and they don't address the problem, you can hold payment until it is resolved. REMEMBER that once the repairs have been addressed they have the right to ask for payment immediately. So, don't spend your rent money, just because they haven't fixed something, or you might be looking at an eviction for failure to pay.
Look into your state's Tenant Laws before doing anything.
Good luck, |
|
Dark Shadows
|
Well in most states it is even with good cause n they can even have eviction proceedings started against u as well so be careful.
I understand ur taking a stand for all of the smells that seem to be creeping into ur place of living n I sympathize with u but u better seek legal advice as well before u get in over ur head. |
|
TX-REInvestor
 |
Withholding rent may lead to an eviction. Be careful!
This question is hard to answer without knowing your tennant laws for your city/state.
REALITY:
I suggest you actually speak to the property manager in person. This means you will need to visit the property office and speak to someone face to face. I found that letters and phone messages dont do much but a upset tenant in the main office is always taken care of quickly.
LEGALLY:
There are provisions that allow you to withhold rent but it doesnt mean you get to pocket the money. If you withhold rent there is a process you must follow that officially notified the property manager or owner. If you do not receive response or if the problem has not been resolved in a timely manner you are allowed to take your rent and use it to stay at a hotel. (This may end up costing you more in the long run considering hotels arent cheap compared to rent.)
Please check with your states Secretary Of State webpage to learn more about your rights as a tenant. You have better tenant laws if you live in CA, IL, or NY.
Considering the information you provided I do not believe you have much to work with. I had the same problem and the only viable solution was to move to another unit once my lease was up. I left once my lease was up, ended up buying my first home and became a real estate investor with the help of a local group.
Sorry for the bad news but that's the reality of living in apartments.
Good L.U.C.K. (Learning Under Correct Knowledge) |
|
acermill
|
Your best option is to move elsewhere when your rent lease expires. A landlord is not responsible for odors from other areas coming into your apartment. While the varnish smell is unpleasant, it's bound to be short term, and will be considered acceptable since it's part of a renovation/upgrade.
Withholding rents will get you nothing but an eviction notice. |
|
Whipper Snapper!
 |
Technically it is not legal because you are violating the terms of your contract (lease), they can and probably will take action if you do not pay rent. Sorry. Good luck. |
|
Expert Realtor
 |
Here is what you need to remember:
You DO NOT have the legal right to withhold the rent without the permission of the court.
A tenant is not permit to resort to self-help measures.
If you don't pay the rent, he can file for an eviction. A landlord is permitted to do repairs and cannot control what other tenants cook to eat in their apartments. |
|
Spock (rhp)
|
you need to read your state's/province's tenant law. google will find them.
withholding rent is covered. the usual answer is "no". |
|
James
|
That is what you have to deal with when living in an apartment building. I do not know what you are talking about "ventilation"? Open a window to vent out fumes. Or put a better weather strip around the Hall door. that is where I assume the smells are coming in? You can not hold back rent for a problem that is just your personal opinion.
I know it is a pain, but you picked the place with a lot of others. Buy a house and move and then you will have no problems at all.
Sorry I couldn't help or give you a better answer. |
|
Voice of Reason
 |
No. You can't withhold payment.
Make WRITTEN notice to the landlord. If he fails to make reasonable repairs in a reasonable time you can hire the work done and deduct it from the rent.
This is generally the rule. Your state may have laws that differ slightly. |
|
takemymulligan
|
You can;'t expect that something be done about the probelms if you don't address them directly with the manager. You may want to withhold rent because you don't want to have harsh words with the manager, but the manager will have no problem evicting you for non-payment of rent!
Go talk to the manager in person...letters do nothing |
|
Weimaraner Mom
|
It's not illegal, but failure to pay rent will cause the landlord to evict you and you just don't do it.
If this is an issue that the landlord CAN resolve then you need to address the problem in writing to your landlord and explain the issues you're having. On the other hand It might just be that since you are in an apartment and all apartments are in such close proximity to each other that any little smell permeates the rest of the units. Unfortunately that's apartment living for you. This might be an issue that the landlord cannot rectify.
Send the letter Certified Return Receipt Requested and give your LL 14 days from receipt of the letter to comply. Explain that if you have not heard anything from the landlord regarding if this matter that after the 14th day you will escrow your rent with the courts.
Before you send this letter first contact the Consumer Affairs division in your city or county and speak to the person that handles tenant/landlord issues and speak with them. The will inform you if you can "legally" withhold your rent and the steps you need to take inorder to do this without getting evicted by the landlord for non payment of rent. If they tell you how to go about doing it then make mention of it in your letter to the landlord.
The landlord must be informed in writing that you are doing this, you must have a copy to keep for your records to show that you made every effort before you had to resort to these measures or it could come back to bite you later down the road.
If this issue is something the landlord cannot resolve because it's mearly a matter of smells permeating the units thru the walls or thru the A/C system then legally you cannot withhold your rent, you will have no leg to stand on if the landlord takes you to court.
Good luck |
|
♥♥The Queen Has Spoken♥♥
|
You should try talking to the manager in person.
Then if nothing is done. Report the complex to the BBB.....
Is the manager the owner or just a representative of the owner. If a representative, you may have to speak with the actual owners of the building. |
|
edco
|
Do not withhold rent.
DO file a complaint with your local health agency. You should not have to live somewhere unhealthy. |
|
| |
|
| | |
| Questions List |
Answers | Last Post
| | | |
14 | 10 minutes(s) ago
| | | |
14 | 24 minutes(s) ago
| | | |
14 | 47 minutes(s) ago
| | | |
13 | 51 minutes(s) ago
| | | |
14 | 1 hour(s) ago
| | | |
12 | 6 hour(s) ago
| | | |
14 | 9 hour(s) ago
| | | |
14 | 1 day(s) ago
| | | |
14 | 4 day(s) ago
| | | |
14 | 2 week(s) ago
| |
|
Homepage 
Financial
Forum 
Renting & Real Estate 
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
