My wife and I are having a serious problem with getting a landlord to make repairs to a home we are renting. The roof and the hardwood floors inside are in bad condition. My daughter got a 2 1/2 inch splinter caught in her foot a couple of weeks ago and we had to take her to emergency to get it removed. The roof leaks in 4 different locations in the house. We have asked him to put carpet in the house on several occasions. He has made verbal agreements to do this but has not followed through. He told us that it would be too expensive to fix the roof and that he doesn't have the money. My wife and I held back the rent in the attempt to put carpet in the house ourselves. His response was a 3 day notice to pay rent or quit. Our rent is 950 a month, the carpet estimate is about $1200. Besides, moving, what other options do we have?
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Landlord's obligation to make repairs and our rights
- Thread Starter mgray34
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I cannot tell you to do this, but if it was me, I'd take pictures of everything. I'd send a certified notice to the landlord stating that exactly what you said here. His broken promises and your unfortunate need to make the repairs if he refuses to do so within a timely fashion, e.g. 14 days. You can make the repairs and withhold that amount from the rent. If he takes you to court then you have a defense of the landlord's breach of the lease (I'm assuming a standard lease.)
From my experience, a 3 day notice is a good scare tactic. Going to court will establish little except for an additional cost to the lawyer and a judgment that the landlord breached the lease. As far as the floor goes, it really does need to be in disrepair, not a desire of yours to get carpeting on a mediocre floor.
From my experience, a 3 day notice is a good scare tactic. Going to court will establish little except for an additional cost to the lawyer and a judgment that the landlord breached the lease. As far as the floor goes, it really does need to be in disrepair, not a desire of yours to get carpeting on a mediocre floor.
You've got a problem with a month to month lease. As with many arrangements of such a temporary duration, the remedy is to leave and find a place to live elsewhere. You can withhold rent for certain items but the result is that the landlord can oust you even if you win since you don't have a lease. All the landlord does is give you 30 days notice, you'll have your month's rent, but you'll be out of the apartment.
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