Q: Can we withhold rent?
Our landlord is expecting us to pay rent. There is no source of heat still even though she promised to have a pellet stove put in upon move in. There is also a massive water leak under the house and no trash receptacle. We have already gave her a letter regarding the heat issue. Can we withhold rent without getting kicked out of the house? We are currently trying to get enough money rounded up to get into a different home. Also, is there a form and a place to turn it in at to report the landlord?
A:
Your local city or county may have a building inspection program - if so, you might try filing a complaint and seeing if they will send an inspector out to document the habitability violations and potentially fine the landlord until compliance is achieved.
As for withholding rent - bad idea unless done working with an experienced landlord-tenant attorney. You may be entitled to provide written notice and if the problems are not timely resolved, be able to move to comparable housing elsewhere until fixed, charging the landlord for any cost above your normal rent; you may be able to obtain a court order to the landlord to provide the necessary services; or other options. Only a careful review of ALL the facts with a landlord-tenant attorney can get you the answers you need. Good luck.
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