Landlord will not give a discount on rent

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foreversarai

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I am writing to see if there is anything that can be done.

Back in the Beginning of December, Our basement flooded and our kitchen is in the basement, there was about 3-4 inches of water everywhere. I contacted my landlord as soon as I walked downstairs and saw it which was about 4-5 in the morning. All day I called and left about 3-4 messages and we get no answer, about 4 in the afternoon the next day, he comes by, thinking that it was to see how bad it was. But it was about getting his rent. So I tell him what happen and asked if he wanted to come and see and he said no, that he wouldn't know what to look for. So he never even stepped foot into the house.

He did say that he would have someone come and fix it within the week. He said that it was the drain which he said had been cut by the phone people. So that was how it was left. Nothing and no one comes for months. I called at least twice usually in the beginning of the month and sent notes with March and Aprils rent asking when someone would be here to fix it.

April 12th-13th it floods again. It started in the Afternoon, I call the landlord as soon as we saw it. I called at 2:30, 4 and at 8p. No answer. The landlord comes by the next day and again never stepped foot in the house, He spoke to my husband who just happen to be home early that day, saying that he was sorry, that he thought it had been fixed back in December and that the people that were supposed to fix it in the first place said they would be there first thing in the morning. Well no one shows up until 4 in the afternoon and all they did was stick a snake down the drain, it only went half way(duh) and said that they would be back in the morning with whatever they would need to finish up the job, Well 2 days go by and they finally show up and fix it.

We felt that it was only fair that the landlord give us a discount for May's rent, since we paid April's rent, with at least thinking we would have a dry house. His son calls and says that they talked it over and where not willing to give a discount. We do not have a sign lease with him. His son called when we first moved in which was in October, saying that they were switching agencies or something and that we would sign a lease in the beginning of the year. Well no one contacted us.

My question is, is there anything we can do legally to have a discounted rent for next month or are we stuck and have to give without receiving?

Also, I did video tape the second flooding for evidence incase something like this happened.

If anyone has answers, please help!
 
In many courts there are amounts for "abatements" which means a reduction of events due to problems for which the landlord was responsible. These include the responsibility to provide heat and hot water. If these are out for a significant period of time then there is a reduction.

With regard to your inconvenience, there might be an abatement for a breach of a covenant of your lease to make repairs in a timely fashion. (Always read your lease.) Since you did not have to move out of your home, this could be a "partial eviction" from a part of your home and only for a period of time.

If it took them months to fix it and they were tardy then you could always withhold a portion of the rent and challenge the landlord to come after you. It is doubtful that this will happen both regarding the amount and the probability the landlord will lose. However, this amount is likely small -- it might be 5% of your lease amount, I don't know. Don't expect a windfall. Note that if you are looking at a renewal of your lease this could be an issue unless you have a right to renew.

Originally posted by foreversarai
I am writing to see if there is anything that can be done.

Back in the Beginning of December, Our basement flooded and our kitchen is in the basement, there was about 3-4 inches of water everywhere. I contacted my landlord as soon as I walked downstairs and saw it which was about 4-5 in the morning. All day I called and left about 3-4 messages and we get no answer, about 4 in the afternoon the next day, he comes by, thinking that it was to see how bad it was. But it was about getting his rent. So I tell him what happen and asked if he wanted to come and see and he said no, that he wouldn't know what to look for. So he never even stepped foot into the house.

He did say that he would have someone come and fix it within the week. He said that it was the drain which he said had been cut by the phone people. So that was how it was left. Nothing and no one comes for months. I called at least twice usually in the beginning of the month and sent notes with March and Aprils rent asking when someone would be here to fix it.

April 12th-13th it floods again. It started in the Afternoon, I call the landlord as soon as we saw it. I called at 2:30, 4 and at 8p. No answer. The landlord comes by the next day and again never stepped foot in the house, He spoke to my husband who just happen to be home early that day, saying that he was sorry, that he thought it had been fixed back in December and that the people that were supposed to fix it in the first place said they would be there first thing in the morning. Well no one shows up until 4 in the afternoon and all they did was stick a snake down the drain, it only went half way(duh) and said that they would be back in the morning with whatever they would need to finish up the job, Well 2 days go by and they finally show up and fix it.

We felt that it was only fair that the landlord give us a discount for May's rent, since we paid April's rent, with at least thinking we would have a dry house. His son calls and says that they talked it over and where not willing to give a discount. We do not have a sign lease with him. His son called when we first moved in which was in October, saying that they were switching agencies or something and that we would sign a lease in the beginning of the year. Well no one contacted us.

My question is, is there anything we can do legally to have a discounted rent for next month or are we stuck and have to give without receiving?

Also, I did video tape the second flooding for evidence incase something like this happened.

If anyone has answers, please help!
 
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