Q: If I haven't signed a lease yet, can I hold out until they make repairs to electrical issues discovered upon moving in?
The apartment I live in is a house converted into three apartments, with the Breaker box being in another unit. On the day I moved in, I discovered that none of the outlets nor my lights worked in my bedroom or the bedroom hallway. The breaker flips anytime I turn on my light and the hallway light is on. My roommate said I was "probably running something with high voltage", but I wasn't. Breaker flipped when I plugged in a phone charger or flipped the light switch.
I reported the problem to the property management company that day, and they have yet to fix it. Now it's going on two weeks and there is still no electricity in two bedrooms and the hallway. I've asked for an update and they said "the electrician has had a hard time coordinating with Unit 1 (the unit with the breaker box). I have yet to sign the lease, as there was a delay in drafting it. I've kept most of my belongings packed in case I gotta bail. Can I withhold rent until they make these repairs? I'm in Portland, OR
A: You should not withhold rent without reviewing everything in detail with a local landlord-tenant attorney - you could find yourself being evicted for failing to pay rent if you are not very careful. Not signing the lease is not likely to matter a lot either. You made the agreement and it is likely enforceable regardless of whether you delay signing it. BUT you may be entitled to pay reduced rent until the electrical service is fixed. I also suggest that it likely is illegal for them to rent a place that does not have its own breaker box and you may have a variety of potential claims. I have a client right now with this exact situation and the landlord has been ordered to fix the problem and is forbidden to re-rent it until it is. So review everything with a local landlord-tenant attorney to learn your rights and possible claims. You don't have to put up with this sort of abuse. Good luck.
Mr. Michael O. Stevens agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
