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Landlord refusing to abate rent after forcing me out of bedroom for repairs Quiet Enjoyment

Discussion in 'Other Residential Landlord & Tenant Issues' started by mpmano11, May 9, 2017.

  1. mpmano11

    mpmano11 Law Topic Starter Guest

    Landlord chose to repair my bedroom and living rooms' ceiling as there was some sagging in ceiling and they wished to do repairs prior to renting to a new group of tenants for when our lease ends Sept 1st.

    I told the construction worker he could start on repairs but that I wished to discuss with the property manager pro-rating the rent first. I left two vms, and sent several emails asking if he would please discuss, and the landlord refuses to get back or call.

    They moved all of my belongings out for repair, and after finishing they only moved select items in. They told me the room would be finished on day 3 initially, I called on day 5 and they said it would be finished on day 6, came back to my house but fine sanding was all over carpet and light fixtures not replaced. Could not sleep there. It has taken 4 hours for me to re-set up my room up, I could not live in my apartment for 6 evenings, and the landlord refuses to get back to me about abatement.

    Can I withhold rent based on breach of quiet enjoyment and do I have a case for a small civil claim? Of note the landlord told me I was required to set up an ACH auto debit withdrawal from my bank account for our collective roommates rent ($4750 total - the other roommates send me checks and lump total is withdrawn on 1st of each month). Do I have a case to cancel this ACH account and withhold? I wish to claim more for inconvienence (of having to re-set up my bedroom)
  2. army judge

    army judge Super Moderator

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    Withholding rent is a very drastic tactic, that if done must be done according to the laws in your state.

    Personally, I suggest you avoid that tactic.

    In the long run, the best thing you can do is start looking for an apartment of your own.


    Think about the day you left your parents' home, mate.

    Think about the day you knew you were solely responsible for you.

    Think about how great that made you feel, to FINALLY be an adult.

    At any rate, mate, I am not the bos sof you.

    You are free to choose those things you believe will serve you best.

    I wish you great success. Good luck.
  3. mightymoose

    mightymoose Moderator

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    I don't believe you have an argument worth paying in court.
    You certainly could withhold rent, but that would likely cause more trouble than you want to deal with.
    If you didn't sign any contact agreement for the automatic withdrawal for the rent there should be no penalty for cancelling that, however you would still have to pay the rent on time.
    You are moving out soon. You might be best off to play nice and stay on good terms with the landlord in hopes of getting any deposits refunded.

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