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|  |
I QUESTION YOUR QUESTION | LAWS - should I pay rent if landlord is not keeping up maintenence? |
St. Louis, MO. Law, My apartment is falling apart and I have an astronomical gas bill because there is poor insulation and drafty windows. Can I refuse to pay rent untill these issues are resolved? |
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thirsty mind
|
No, you may NEVER withhold a rent payment. The rent check should go to the landlord not an escrow account. You have the right to move at the end of your lease. You rented the house as it is now. you could try to work things out with the landlord. Generally if a landlord allows a property to fall into such disrepair, they are too stupid to understand your side of the issues. |
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nojam75
 |
No. You can't withhold rent unless there is a necessary repair that the landlord has refused to repair. You need to send a maintenance request to your landlord (perferably via Certified Mail).
Poor insulation and drafty windows are not necessarily repair issues. Research your state and local laws. Your city may even offer rental inspections that will determine if your unit meets the building code. |
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tonalc1
 |
NO.
State laws vary, but in most states you must first give the landlord written notice of the needed repairs, and tell him if they are not completed within 30 days you will pay for the repairs and deduct it from your rent. |
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jeanniep
 |
as long as the repairs don't affect your health or safety, however in some states you still have to pay rent, so you need to call your local state tenants association
or google tenants right for your state |
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Classy Granny
|
Not in any state can you withhold rent for any reason. Lots of homes in colder climates aren't insulated and have older windows. If there are other issues that pose a health concern you can work through the health department. |
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Trouble
 |
You are going to have an uphill battle if you think that you are going to get the landlord to replace the windows and insulate the property.
The requirement is that the heating source be able to maintain the required temperature.
The landlord should be responsible for repairs caused by ordinary wear and tear and natural forces such as the
weather. Tenants should pay for damages resulting from their
own negligence or the negligence of a guest.
If repairs are needed, ask the landlord to make repairs within a reasonable period of time. If repairs are not made, make a written request for the necessary repairs and keep a copy of the letter. If the repairs still are not made, the tenant may seek legal assistance.
If the dwelling becomes unsafe due to the repair problems,
the tenant should contact local health or housing authorities.
If a tenant withholds rent payments until repairs are completed, the renter may be in violation of the lease and may be subject to eviction.
Under very limited circumstances, the tenant may make repairs and deduct the cost from rent if the tenant:
● Has lived on the property for at least six
months.
● Has paid all rent owed.
● Is not in violation of the lease.
● Has notified the landlord of the problem and has allowed at least 14 days for the landlord to respond.
● Has, at the landlord’s request, received
verification from city inspectors that the problem violates city code.
If the landlord still does not fix the code violation within 14 days of receiving the city’s notice, then the tenant can proceed with the repairs.
The amount of the repair must be verified by receipts. In most cases, the cost of repair must be less than $300 or one-half month’s rent (whichever is greater), and can be done once a year. |
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Ron Berue
 |
Theshadow01 has the right idea, but has matters a little mixed up.
You do not give the original receipt to the Landlord. When you make the deposit into the special, separate account - ususally referred to as an "escrow account" - get tow receipts: you give one to the landlord and you have a receipt.
OR IF the bank's policy is not to give duplicate receipts, you cuold photocopy the receipt you get and mail a letter to the Landlord stating something like:
January 12, 2008
Dear Landlord:
We told you quite a few times about the conditions of the property at (Address).
Just to refresh your memory, they are:
1]; 2], etc. [List each one, individually]
We are more than willing to pay our rent, BUT we truly believe these conditions should be corrected as soon as possible.
To prove our good faith and intent to continue renting and living in the property, enclosed is a true and correct copy/duplicate of the receipt from the bank for the rent, which we usually pay to you.
When the repairs are completed, we will pay you the rent - not including any late fees - because the rent is being paid on-time or ahead-of-time into that special account.
We look forward for you to communicate with us as to when the work will begin and be finished.
Very Truly Yours,
Your Name
Your Address
ALL THE WAYS TO COMMUNICATE WITH YOU!
Thanks for asking your Q! I enjoyed answering it!
VTY,
Ron Berue
Yes, that is my real last name! |
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theshadow01
|
Open a separate bank account. Deposit your rent on the day it is due. Give your landlord the deposit receipt and tell him the funds will be released when the repairs are complete. This shows both maturity and good faith on your part.
As far as insulation & drafty windows are concerned, if they were like that when you moved in it is not likely that anything will be done to correct it. |
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♥STREAKER♥©℗†
|
No, you must pay rent no matter what or face eviction. Only way to resolve this is to move when your lease is up. Most likely, he doesn't want to spend the money to do repairs while someone is living there. Once it is empty it is easier to make repairs. |
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Edson V
|
Hell yes!!! your a person too dammit you have all the right, you breath the same air. Tell him to fix or you will only start giving him 50% of the rent until it's done. |
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