My landlord violated lease, am I allowed to legally withhold rent?

by **emilek17** » Thu Jun 21, 2012 10:27 pm

well...this is a sticky situation for you and im sorry for that. Every state has different laws when it comes to lease agreements...you can try googling "tenants rights" in your state and see what it says. I do know you can not with hold rent simply cause your landlord is a jerk...but he has crossed the line when it comes to bullying and harassment. I would contact the local health dept. In your area and have them come out and look at the building and your unit...they will be happy to write up the conditions and code violations for you to take to court...the village hall in your town can also give u a list of code violations for the building. They usually go by the name code enforcement at your town/city village hall. Also...look carefully over your summons...there may be a number there for u to contact legal aid for a free lawyer for the court date...if not google legal aid in your county and call them.....explain the situation and they may be able to help you. Good luck.

by **michelangelo** » Thu Jun 21, 2012 10:28 pm

Take this idiotic landlord to court! Don't pay them a penny for anything else! You were treated like crap, and you need to call the police next time this crazy landlord says something. Step outside, call 911, and tell them what's going on. Just because they're a landlord gives them NO RIGHT to do whatever they want. They are entitled to follow the law and will get caught. Put that landlord on Judge Judy. She'll handle that landlord for you.

Good luck :)

by **crom** » Thu Jun 21, 2012 10:30 pm

Take this idiotic landlord to court! Don't pay them a penny for anything else! You were treated like crap, and you need to call the police next time this crazy landlord says something. Step outside, call 911, and tell them what's going on. Just because they're a landlord gives them NO RIGHT to do whatever they want. They are entitled to follow the law and will get caught. Put that landlord on Judge Judy. She'll handle that landlord for you.

Good luck :)

I didn't read more than the firs two lines.

In short, NO, you cannot simply start withholding rent. The process varies by state, even municipality, but none allow a tenant to just stop paying rent. You will need to open an escrow account to submit your rent to- how you do so will need to be in accordance with your state and local law.

by **achban** » Thu Jun 21, 2012 10:36 pm

You must send written requests for repairs, and then when they are not met, you must go to court. YOU cannot make the decision to withhold rent on your own.

If you have a lease, you cannot just move out, even with notice. If you have no lease, 30 days notice and leave, done.

by **sonny** » Thu Jun 21, 2012 10:44 pm

You can, but you need a court order.

First you take the landlord to court for Breach of Contract.

If you win your rent is paid into an escrow account instead of to the landlord, the landlord will not receive the rent until the repairs in the court order are made.

Witholding rent does NOT include you keeping it. That is called "non-payment" and you will be evicted for that. you can not legally just up and decide you are not paying.

This eviction WILL rule in the landlords favor. There are no circunstances at all where you can legally keep the landlords income, so it does not matter why you decided this. you are not exempt from the law.

by **zadok** » Thu Jun 21, 2012 10:55 pm

NO. Violation of the lease does not constitute your non-payment of rent. That is NOT legally the resolution to a problem. You can be evicted and get a negative credit report if you withhold any rent without permission. You have to take proper legal steps to remedy all problems, document everything for any future court actions by either party.

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