Repairs not made-Deducting Rent

[aneyeforstyle]

On December 29, 2008 I called my landlord and left a message as it was after hours in regards to a possible breaker/shortgage with our stove. since then, they have sent out an electrician, January 6th who stated that it was a shortage in my stove that was tricking the breaker, and then they sent out a reapir guy, Janaury 8th who only repaired the gas part of my stove and not the oven. As of right now my stove is not fully repaired. I have called and emailed my landlord plenty of times and each time that I have spoken to them, they've promised a call back on status and never received a call back. I have decided to deduct half of my daily rental rate from February's rent until my stove is completely fixed and or replaced. Can I do this? I dont want to run into an eviction notice at all.

 

[Gail_in_Georgia]

Then don't make this really dumb move with checking if you can legally do this.

Some states allow tenants to make repairs and deduct the amount of such from the rent. If you'll list your state, I'll look to see if yours qualifies for this should the landlord continue to ignore your requests. This amount would only be for the actual cost of repairing or replacing the stove so a tenant would need to keep receipts.

BTW, it is a very good idea to make these repair requests in writing so you have documentation of such.

Gail

 

[seniorjudge]

Q: I have decided to deduct half of my daily rental rate from February's rent until my stove is completely fixed and or replaced. Can I do this?

A: Gail is right. The GENERAL answer is that you may make the repair then sue the landlord in small claims court for the cost.

Actually, you doing any kind of repair can be considered trespass.

So I would tread lightly if I were you.

 

[Oceabrz]

Florida:
I am in the same boat as the poster. I also need advice. I moved into my apartment on the weekend after Christmas. My realtor, the owner's realtor, and I did a walk-through and wrote down everything that was wrong. i.e., a hole in the wall, a broken master bath window which has since been boarded up, and minor scribbling on the bathroom wall. Ther owner and his realtor was given 30 days to complete the repairs. That date is coming very soon, and nothing has been done thus far.

If the repairs are not made at the end of the 30 days, do I have the right NOT to pay a portion of the rent, and if so, how much?
Thanks,
Oceabrz

Oh! One more thing.....I didn't get copies of the walk-through that day -it was finally e-mailed to me a few days ago- and MY signature is the ONLY signature on the paper!

 

[Gail_in_Georgia]

The attached lists the steps a tenant in your state must go through to withhold rent due to the landlord failing to address repairs:

http://www.fiu.edu/~caj/landlordtenantinformation.htm

The broken window is likely an issue, the hole in the wall perhaps; however, it is unlikely that scribbling on the wall would be a justifiable reason.

Gail

 

[Oceabrz]

Thanks Gail. The window was actually boarded up rather nicely, although I would prefer a window in it's place.

It is now the 31st and I'm still getting the run around. MY realtor says the owner's realtor is obviously not reliable and that I should go ahead and do the repairs myself, send the bill to the owner and have him reimburse me. Well, that's all fine and good, except I feel it is THEIR responsibility to do the repairs as they have promised.
How would you proceed were you in my shoes?

 

[Oceabrz]

BTW, I agree that the scribbles on the bathroom wall is pretty much a non-issue; minor compared to the boarded up window.

 

[Gail_in_Georgia]

It is their responsibility to do these things. Doesn't sound like they're eager to do this without some "legal prodding". I'd take the steps outlined in the article attached to my previous posting.

Gail