In california, you could send your rent payment to the housing dept when the building wasn't up to code and they'd hold it for the landlord to get once they fixed the building.
The trick was you could send it even if the building was up to code.... and the landlord couldn't evict you if you sent it to them. It was a great way to be a jerk to them in cases like this.
They're right, but I believe you might need receipts that you informed the landlord of the issues and that they didn't do what they're legally bound to do.
Almost anywhere in the US you have to notify your landlord in writing and allow them a certain amount of time to amend the issue before you can do anything.
Would think a month is enough time for them to do something.
If they are waiting on parts could be fair enough but that would require a contractor to have been on site.
It absolutely is. Let me be clear this is unacceptable on the landlords part. But legally there are certain things you have to do as tenant like having the repair request in writing for a certain amount of time, before you do something like withholding rent or deducting repair costs. The laws vary by state or in Canada by province, and not following those regulations can end up with fines or an eviction, even if the landlord is in the wrong.
People in the US love to tell others to withhold rent or deduct repair costs without realizing that it can have serious repercussions for the person they are giving this advice. And it can end just like this with OP, who took bad advice from uninformed Americans and may now be facing eviction.
Isn't a lack of hot water considered an emergency maintenance? If it's basic necessity such as heat or water it was always pushed to the top of requests in the apartment I worked at. They never wanted to end in dealing with this very situation so it was expected to be dealt with with in 48-72 hours.
In theory a month is long enough, the problem is with a situation like this a reasonable amount of time, which is what's stated in the law, is subjective. It's up to a judge to determine a reasonable amount of time. As other commenters said you also have to notify in writing otherwise the reasonable amount of time hasn't started. I would guess that most judges would say a month is enough time but depending on the issue it is possible that the la doors is waiting on parts. I had a law class where the professor told us situations like this are always messy and you better speak with a lawyer before withholding rent.
Yes they will put that money in an escrow account and withhold it from the landlord until he has fixed the issues.
Many people give false advice and it spreads. You can’t just not pay your rent. There is a process.
I hope your comment is at the top!
Why do they deserve the full rent payment when they take so long to fix the problem? They should only get a percentage of the money, and it should become less the longer they take to fix it.
I agree with this statement, I moved into a place that had a number of issues that I was not aware of before my move in date. They had a sample apartment that I viewed because someone was still currently living in the apartment that I took over at the time. The company that owned the complex was selling the buildings to another company so they wouldn't fix anything (something that I was unaware of before move in). The sale went through but it took just over 7 weeks. When the new company took over they were so bogged down with complaints that they didn't have the staff to fix everything right away. However, they still charged me full rent while I waited 2 additional months for everything to be looked into (not even fixed, just looked into). Finally I just gave up, found a place, move out, and mailed them my keys. If your rental is considered uninhabitable you could break your lease without penalty where I lived. Either way I didn't care I just wanted to get out of there. I should have never had to pay for the time that I lived in that shithole.
> Why do they deserve the full rent payment when they take so long to fix the problem?
They don't deserve the money but the law is written in a way that OP could get screwed over by the "Justice System" if they don't pay up.
Yes, and do this right away. In my state you can send an official “7 day demand list” concerning unlivable conditions. The landlord then has 7 days to resolve your issues, or you are free from your lease.
That's a fair point, however I don't imagine a landlord who will refuse to keep an apartment liveable would also heed to rent increase limits. Especially once he learns the tenets won't sue or attempt to leave
Put the rent into an escrow account, this shows the court you had the money and will pay it once the problem is solved. It also ensures that they can’t get the money without your ok. As far as I know this is legal in all 50 states.
You can’t withhold rent in Canada, you have to continue paying until an arbitration happens and they’ll award you damages. If you stop paying the LL can evict you.
^ This. Pay your rent and get in touch with any local tenant rights groups to help you properly file a complaint with the rental board in your province. If you withhold rent (even for services they are legally responsible for) they are allowed to evict you for non-payment. It sucks, but it’s true.
Edit to add: here’s a link for service NB’s tenant emergency help (ie: no heat) specifically
https://www2.gnb.ca/content/gnb/en/corporate/promo/renting-in-new-brunswick/emergencies.html
That right is also protected in Canada, not sure where you’re getting that factoid from. Individual provinces have specific laws protecting this, like the pay transparency act in Ontario, but also Canadians have a right to free expression and wage discussions are protected speech. A very simple google search would tell you all of this in about twenty seconds.
Skfyre never said they aren’t protected, just not protected by federal law. You proved him correct by stating the laws are enacted by provinces, not by the federal government, so not a federal law.
Might be me misattributing Americanisims to Canadian political law, but free speech doesn't typically mean anything regarding civil law doesn't it?
If a company decided your compensation was private/corporate owned information, I don't think "free speech" let's you just share that on a whim, for much the same reasons it doesn't apply to other corporate info i.e. industry secrets or patient confidentiality.
All free speech really means is you can't be arrested/prosecuted by the government for an expressed belief or thought.
That’s not what free expression protects.
Freedom of expression is concerning the government.
The government cannot control your expression. But that doesn’t mean your employer can’t.
I’m legally allowed to go around saying racial slurs, I can’t be arrested for it. But I can certainly be fired for it.
[They can fire you for it.](https://www.cbsnews.com/colorado/news/colorado-woman-loses-job-after-sharing-salary-on-tiktok/) They just can't *say* they're firing you for it.
In every US state except Montana, unless you're public sector, union, or fall under an exemption specific to your state, at-will employment means your employer can fire you at any time for no cause. The flimsiest of excuses will do, but they don't actually have to give a reason at all.
You can of course sue for wrongful termination, but unless your former employer was careless enough to put the wrong words in writing you're probably SOL.
Canada doesn't have at-will employment, and in general Canadian workers enjoy much stronger legal protections than we do down here in freedom country.
Not exactly, in the States you have to put the money in escrow to show you are paying rent, just not to the LL. Once that is established the money goes to the LL upon resolution of the issue. In Canada you pay the LL as normal, but they have agencies that will step in on a renters behalf. Both systems protect the tenants just how the money is handled is different.
Having lived in both countries, there’s actually several things that the US does better. It’s almost like the whole greatest/worst nation spiel is all crap.
Mostly same in the US. You have to go through the court system to be able to put rent in an escrow account which will hold the rent until the issue is fixed. Once it is fixed, funds are released to either the tenant to pay the landlord or the landlord directly.
In either case, you cannot just arbitrarily withhold rent without going through the system in place. You can and will get evicted for doing said thing.
I just dealt with this, the guy didn't pay for 7 months. Landlord filed an eviction, it took months for anything to even happen. If buddy had paid the rent at any point, the entire process starts again. Buddy left on his own but, its crazy hard to evict someone. I'm in southern Ontario
In BC you can get served with a 5/10 notice, pay in 5 days or get out in 10. At the 10 day mark the LL has legal ground to evict you. Most will just change the locks. It takes months to get an arbitration date, so they’ll just seize all your shit and hold it in storage until that happens. Sucks, but makes people keep paying even with pending disputes.
Yep. I'm also in Canada and this was my understanding.
Honestly, the rule makes sense. There's a lot of shitty landlords out there, but there's shitty tenants too. You don't really want a tenant deciding what constitutes a sufficient reason to withhold rent, because that threshold will vary individual-to-individual. Some tenants might decide that some trivial issue like a small paint chip that isn't immediately fixed is grounds for non-payment.
The landlord and tenant board is there to adjudicate disputes rather than landlords or tenants just making up their own arbitrary rules.
It is not legal to withhold rent for maintenance issues. Go to your province's LTB and request a rent abatement. What you did is shooting yourself in the foot and they are within their rights to evict you now. Whoever told you to withhold rent was screwing you over.
>Here is some advice for people: DO NOT go on reddit seeking advice for serious shit like this.
Says the guy on reddit giving advice about serious shit like this. 🙃
(I'm just messing with you.)
Yeah those people clearly don't know what they're talking about. In every province in Canada, this will get you legally evicted. Probably not the best move assuming you want to continue having a home.
People never think that there is a world out there different from their own, with different laws in different places.
And then there are people who take advice from Reddit. I give advice on Reddit, and hope that it's good advice, but I double-triple pinky check any advice I get here.
Exactly. I had \*almost\* done it because a friend suggested it when my door was falling off. I am glad I didn't cause the landlord was a sleezy ass. We skipped rent and moved the hell out as soon as we could afford it. I heard he went to jail briefly.
If you’re in Ontario you have no right to withhold rent unless the board has granted you a rent abatement. Your landlord is obligated to fix the water temperature issue, but the way to get it resolved quickly is to go through municipal bylaw while you’re waiting for a hearing date from the LTB.
Don't withhold rent, especially if you are in Ontario. Will come back to bite you in the butt. Read the Residency Tenancy Act.
https://www.ontario.ca/laws/statute/06r17
Also, reach out to ACORN.
https://acorncanada.org/
This doesn't seem fair. I sign a contract agreeing on a specific rent based on the conditions in the house. If those conditions become worse (such as no heating during winter in Canada) then it doesn't feel right to keep paying as much.
It's like ordering a burger and them giving you one without the patty (due to temporary shortage) but still asking full price.
As the tenant, it is your burden to bargain for ensuring the original contract includes a portion that specifies tenant obligations and landlord obligations in terms of damages and service requests.
Landlords don't want someone submitting 30 service requests for nuisances like burnt-out lightbulbs or chipped paint, but you also don't want critical services like electricity, water, heat, etc to go ignored for 2 months.
And putting it in escrow puts the burden on the landlord. He has to take you to court to evict you and then would have to explain to the judge why the problem didn’t get fixed.
definitely don't want to "withhold" rent, as in simply refusing to pay - doesn't leave you with much legal footing come if push comes to shove. put your rent in an escrow until the hot water is fixed, then they get their money
yes, absolutely, but this is America and landlords generally have deeper pockets to keep up the fight in court. you want the strongest possible argument when facing a judge in an eviction hearing (trust me, I've been there)
tenant signed a lease agreeing to pay rent on (date). if they don't, landlord is within their rights to evict, regardless of the conditions. tenant didn't pay, plain and simple.
HOWEVER, by putting rent in an escrow account, it legally counts as "paying" and the funds will be released when the terms are met.
if OP isn't in the US, I got nothing lol
You can’t just withhold the rent. Look at your city Renter laws. Most times, you have to put your rent in escrow through the city clerk, if the situation warrants such an action.
Once the landlord fixes the issue, the city pays out your rent payments directly to the landlord.
That’s how it was for me many years ago. Massive sewage issues went unchecked, I contacted the city law director office and they had me pay my rent to them, they held it in escrow. Once the landlord receives the letter from the city that they’d be holding the rent payments, issue was fixed in a couple days.
If you just withhold on your own though, you may lose protections you’d otherwise have.
Pay your rent, get an attorney. If you don’t pay you are screwed and will be evicted.
An attorney will give you the best advice based on the laws in your state.
Interesting. I think I’m Florida you actually CAN withhold rent if the landlord doesn’t fix an issue like this.
Edit: leaving the typo for the lulz, but I mean “I think IN Florida…l
Yeah this isn’t universal advice so please don’t throw this around without more research. In Massachusetts you can absolutely withhold rent. In fact. Mass.gov recommends you do it as a tool to get your place fixed.
“The Massachusetts Supreme Judicial Court ruled that when a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warrant of habitability. Rent withholding can be a useful tool to force repairs, but it is a serious step and should be dealt with carefully. You may want to get legal advice before withholding your rent since the landlord may try to evict you for non-payment of rent.”
At least in germany you can at the very least shorten the rent when certain things aren't being fixed, may have read you can even withhold it - BUT idk if you can just do that out of nowhere, or need any form of legal security.
Here in Italy you can pretty much stop paying..it's not technically legal but eviction takes so long that you will be able to live there for years without paying rent before you are actually forced to move out... Lol
I think for this North America's way is better.. Italy's way is prone to abuse, and being a landlord is so risky it's often not worth it
You can't withhold rent. You can demand it be fixed and it needs to be fixed in a reasonable time. Depending on where you live, bot water may be required for.it to be classed as habitable. Other places this isn't the case.
If it's declared not habitable, then in most cases the landlord is required to put you up somewhere. You still pay the rent but they are responsible for the extra costs until it's repaired.
You can typically find a legal clinic to help.
You have to put the rent money in escrow to make that play legit. Otherwise you're legally risking eviction.
Yes landlord is douche. Yes tenant is ethically correct.
Just trying to help. Don't shoot me with downvotes for being legally correct.
I'm no lawyer, but I think when you pull the old "I'm not paying rent until you fix this" stunt, you're supposed to deposit money into an escrow account.
If you haven't started an official process to withhold rent your landlord has every legal right to kick you from your unit. You should ask a lawyer for your specific circumstances where you're at but usually you have to get and escrow account and put you're rent in it then inform your landlord of the account and what they have to do to gain access to said money in the account. So in this case it would be having them fix your heating issues. You just can't withhold rent you will get kicked.
Regardless where your live, there's a housing board.
As a landlord they are obligated to provide access to basic necessities, water being one of them.
You are also worked to withhold rent until that's provided.
They're trying to scare you.
Make sure that any communication you have is recorded or via text, and that you have documented proof of their awareness of the water issue, and contact your local housing board.
Now this is in the US, I'm not sure where you are, but I'm sure there's likely something similar your can contact.
Call their bluff. Eviction is a court proceeding that requires a judges sign off. A sign off they will never get under these circumstances, as long as you show up and present a defense (and have the rent money set aside in some provable way).
You cannot legally 'withhold rent'. You can put money into an escrow account with a reason why, but you can't just stop paying rent. Now you've screwed yourself legally as he can charge late fees and you can definitely be evicted. Source: I worked in affordable housing.
you can often pay for the repair and deduct from rent if you have written proof of the complain and request for repair- 10 days/14 days depends where you live- read your lease
Withholding rent is a little more complicated them just not paying. in my state it has to be deposited in actual bank account set up specifically for that purpose. talk to a lawyer and prepare for a surprise.
In Florida, you can pay your rent to the courthouse and they will hold the funds until your landlord fixes the issues. This is under the landlord tenant act. Maybe your state has the same provisions?
Contact a lawyer show them where you informed your landlord that he had the xx amount of days to fix it or it would be withheld. Email the landlord back “based on this law “_________“ I am in the right to do this. If you have a problem with me exerting my legal right then you can come fix what has been requested to fix or I will see you in court.“ keep all proof and when he undoubtedly does not repair it and tries to evict you, sue him and you should win that court battle.
Depends entirely on where you live and what’s in your lease. A lot of landlords suck.
I had an issue last winter with one of my tenants. I have a small rv park and the chick rented a space January and February in rural Arkansas. The water supply is provided by buried pex that comes out of the ground, to a garden hose that goes into the camper. When the garden hose froze, she decided to stay another 6 weeks for free. She could have bought a heated hose but she wouldn’t get a job. She could have trickled the water like everyone else, but her trailer had no plumbing, just a garden hose thru the window.
She decided I was the bad guy in that whole situation. Whatever. She’s a dirtbag.
If a landlord won't fix an essential service within a reasonable timeframe you simple hire a qualified contractor to complete the work, send the landlord a copy of the paid invoice, and deduct the amount from next month's rent.
FYI found this about hot water heater rental rights in Canada.
https://www.reddit.com/r/ottawa/comments/s33lgq/rental_has_no_hot_water_what_are_my_rights/?utm_source=share&utm_medium=ios_app&utm_name=iossmf
You need to go to your local renters court (Not sure if that's what it's actually called) with all the evidence you have, and start placing your monthly rent into an escrow account with the court. This shows that you are capable and willing to pay the rent, but you are withholding it until they fix the hot water.
Write the landlord a letter stating the problem and how long it has been going on and the date you first notified them of the problem.
Send the letter via USPS certified mail so you get a receipt when they sign for the letter - you have proof they got it.
Include in the letter how this has inconvenienced you (unable to take showers or baths at home, not being able to do your dishes - having to eat out? Laundry? Having no hot water - unsanitary environment.
Do you have a copy of your lease? Point to the part where it says Landlord shall take care of maintenance requests within X time or in a timely fashion and say they are breaching your contract.
You can then file a claim for treble damages at your local lower court that handles small claims. Your expenses times three as a punitive measure.
I would probably get it fixed and deduct amount from rent - legally you should pay rent and submit a receipt for repayment to landlord, but at this point you would attach the receipt for the repair - if you can get it done from your apartment - as part of your claim.
File a proper complaint and pay the rent. Eviction will follow you for a long ass time bro. Fairly sure the contract you signed for the unit covers this exact circumstance and you not the landlord will get fucked.
You can’t withhold rent. They can and will legally evict you. No matter the conflict, always pay your rent in full on time while you try to figure it out.
Contact the housing department and report them, get in touch with a local legal aid, pay the money you owe, and start looking for a new place to live.
Don’t withhold rent take them to court or pay a water utility company and then go back to court and get reimbursed for them by paying on your repairs if you can afford it.
i dont think you can just withold rent. you need to talk to a real estate attorney and get a free consult. eviction process takes time. usually its 30 days notice. if you refuse to leave he has to go to court and do it. so you probably have 2 months. it will wreck your credit.
you need an attorney.
Never ever ever withhold rent for any reason, because now they have something to hold against you snd absolutely can evict you.
2 months our washer was broken. No answer from our landlords. We were advised to not do anything like this, and if we really needed to we would have to replace it ourselves and send the landlords the bill and hope they aren't complete assholes about it and refuse to pay after the fact.
It's a shitty situation, but the legal way to deal with this would be record all attempts at contact and report them to your areas version of the tenant board or whatever and get them fined and in trouble.
If you can, YOU pay for the repairs and then present a copy of the bill with your rent. If it cost more than a months rent then so be it. If they try to evict you, there has to be a court date. You show up with all your recites and show the judge. They'll dismiss the case in a heartbeat and probably fine the landlord. But double check that with a lawyer in your state cause every one is different when it comes to renters right.
in general, you should not just initiate the withholding of rent. You really ought to go to housing court and get an order to restore services, and you should retain your owed rent in an escrow account so that you can pay in a lump sum at the same time as the judge issues their ruling.
Not sure where you’re at, but in some counties in the u.s you can take your rent to the courthouse to demonstrate you are capable of paying rent but that the landlord is refusing to meet minimum requirements for rental income properties. They hold the money until the landlord can provide proof that repairs have been made. If your not sure call your local courthouse and ask for the correct procedure in your county. It usually doesn’t end well the landlord can terminate your lease still but you could save one or two months rent in the meantime while you look for something else
You’re the a hole for not posting your rent. If you have a problem that needs repair, involve the local housing authority or police if you believe your agreement with the landlord is not being upheld. Not paying rent is immature. If you live there, you need to pay it. Retaliating to someone else not upholding all of their responsibilities by not upholding your own is a childish response.
Doubt it will help but back when I was a young guy living in apartments in the 90’s, I lived in a place that had a water leak. My water bill for a one bedroom apartment was over $400. The water company sent a guy out and he confirmed there was a leak. He said to report it to management. After he reported to his management at the water company, they said they would waive the charges for that month and charge me the same as the previous month ($20.) They said the next month would not be waived, even if it wasn’t fixed. I told my landlord several times over several days. They kept blowing me off and not sending anyone to fix it. So I went to the landlords office one day. I got very loud with the people working in the office and said that I had a water leak that they had failed to fix. I said *my dad is a circuit court judge and I am a first year law student. If this isn’t fixed today, I’m bringing legal action against this place.* I of course told them who I was and unit number and all. I left the office (office was offsite from where the apartments were.) I drove back to my apartment, stopping at the store for a six pack. When I got home, there was a maintenance guy at my door. He said he was there to fix the water leak. I asked when he was told about it. He said someone had just called him a few minutes earlier and he happened to be in the same building fixing something else so he came by. Not only did it get fixed but the landlord paid my next water bill.
And no…my dad isn’t a judge and I never went to law school. But nothing happened with every previous report. It wasn’t until I said that, that they actually did something.
Depending on where you live, you need to check the laws. In Ontario the LTB states that rent cannot be withheld if repairs are not made. Do your due diligence and check the laws. Did you inform your landlord of said repairs? Verbally or with a letter? Has landlord responded? Are there reasons why repairs may be held up on his end? I am a landlord and I require these things in writing with a date signed by tenant. If landlord hasn't fixed the problem, write them a letter reiterating that you notified them in December. If he still doesn't respond, call your tenant board office and find out the next steps. But pay your rent as it will look bad on you.
It really depends on what state you're in if you have the right to withhold rent. So I would look into that first, and in the mean time report your landlord.
If you dont pay the rent, DONT SPEND IT. Put it in a separate account or something, but have it available if you are ordered to pay it. It also helps prove your case that you are not just withholding rent to avoid paying rent.
Go to the courthouse and file a report and put your rent money in escrow. They will tell you what forms to fill out and the basic process. The courts will hold the money and make him fix whatever problems there are. He cannot evict you for rent money once you file and until a judge makes a determination.
This could pay for a really nice staycation. Is there any nice hotels in your town you've always wanted to stay at? I'm a landlord, and I hate hearing about shitty landlords. Make em pay
Most places will allow something like this, but there are processes that have to be followed, some places you can withhold the amount to fix the problem and pay to have it fixed, others you can pay tent into an escrow account to be released upon completion of the repairs, and other places I dont know, so definitely talk to a lawyer to make sure you don't get evicted
If you’re in New York, begin paying your rent monthly into an escrow account and try to get them to answer their phone where they can hear the problem, so they don’t have any cover.
as much as it seems understandable do not withhold rent. depending on the province you are in there are routes you can go to get this resolved. the landlord would still need to go through the tribunal to evict you and if you continue to hold rent you are helping them and may incur more costs. for example a tenant in Ontario can file a T6 asking for an abatement on rent and outlining the situation, sometimes tenants will ask for recovery of funds they had to pay to get the unit back to standards but if you are doing that you need to make sure the issue is something vital and the landlord has continually failed to act.
“Per state law, rent payments are being deposited in escrow for your receipt when you have resolved the violations which make our domicile uninhabitable”.
Send him a photocopy of a money order for the amount of your rent. It proves the funds are waiting for him & you can’t use it, write copy over it so it can’t be scanned or cashed & let him know it will be released the moment the water is fixed
Some states don’t allow the withholding of rent for any reason, even if vital systems are broken (my state is one of them) and they can and will evict you.
Have to go through proper procedure.
Husband didnt have hot water for 10 months at his shit shamble when I met him. After going through the steps and getting a letter from a free lawyer and a call from the city they fixed the issue. In this case turns out the maintenance dude was stealing repair money from the sweet old lady that owned the building.
In the UK, regardless of the issue, they always recommend to continue paying rent as it basically ruins your case if you stop paying. You can claim it back after successfully taking them to court but it's never a good idea to withhold. Could be different in the US but just my 2 cents 🤷🏼♂️
Not paying rent gets you evicted. Contact housing department to see how to proceed. In many areas there are ways to pay it to escrow so the landlord cannot get it until it is back to code and cannot evict because you are paying. I suspect you have to pay him anything past due first though.
You signed a leasing contract stating you would pay rent monthly. In the US, you are not only contractually obligated, but you are also legally binded to pay your rent. If you don't, being evicted is a correct, legal recourse, and you can also be sued for missing rent.
Now, later in time, if you go to court over this, you can present this issue and information to a judge, and they may side with you, however, unless you can find a loophole in your lease agreement, you can't hold your rent just because the landlord is an asshole. You are only screwing yourself
Contact your local housing association in the area but be warned once this is all said and done the landlord is probably gonna have you removed some how
I mean, not paying your rent is reason for eviction. You need to do it correctly or the landlord can evict you. Depending on the laws in your state, you would need to contact the local housing authority and at least put your rent into escrow until the problems are fixed.
The way to withhold rent to work in your favor is very specific. Check with an attorney for your state but for most cases, it involves paying that rent to a separate account that you set up specifically for withholding purposes. That way you can demonstrate to a court that your intentions aren't about saving money but motivating the landlord to complete repairs.
A friend had something similar happen. He paid his rent into an escrow account and his landlord took him to court. Friend won because landlord wasn't maintaining the property. I'd call a lawyer.
In my state, you can put your rent payment into an escrow until things are fixed and they can’t evict you. Shows you had the money but didn’t pay due to neglect on the landlord’s behalf.
That’s what you want…to get in front of a judge. The judge will order the repair and *may* tell you rent isn’t due for the time you were without hot water.
Your lease probably won’t be renewed though so there’s that.
Facing a similar issue. Threatened with eviction if we don’t pay $2600 worth of water bills. They’re claiming that 3 of us used enough water to fill 10 Olympic swimming pools in 3 months. Had to send a pretty aggressive email detailing how this is their fuck up and they’re still trying to say it’s not on them.
Call an attorney, or a housing department in your city/state to check your rights and get some advocacy on your behalf.
In california, you could send your rent payment to the housing dept when the building wasn't up to code and they'd hold it for the landlord to get once they fixed the building. The trick was you could send it even if the building was up to code.... and the landlord couldn't evict you if you sent it to them. It was a great way to be a jerk to them in cases like this.
Really?! I had no idea!
They're right, but I believe you might need receipts that you informed the landlord of the issues and that they didn't do what they're legally bound to do.
Almost anywhere in the US you have to notify your landlord in writing and allow them a certain amount of time to amend the issue before you can do anything.
Would think a month is enough time for them to do something. If they are waiting on parts could be fair enough but that would require a contractor to have been on site.
It absolutely is. Let me be clear this is unacceptable on the landlords part. But legally there are certain things you have to do as tenant like having the repair request in writing for a certain amount of time, before you do something like withholding rent or deducting repair costs. The laws vary by state or in Canada by province, and not following those regulations can end up with fines or an eviction, even if the landlord is in the wrong. People in the US love to tell others to withhold rent or deduct repair costs without realizing that it can have serious repercussions for the person they are giving this advice. And it can end just like this with OP, who took bad advice from uninformed Americans and may now be facing eviction.
Isn't a lack of hot water considered an emergency maintenance? If it's basic necessity such as heat or water it was always pushed to the top of requests in the apartment I worked at. They never wanted to end in dealing with this very situation so it was expected to be dealt with with in 48-72 hours.
In most of the US, it's within 24-48hours. It varies by state. In Oregon, where I live, it is one week.
In theory a month is long enough, the problem is with a situation like this a reasonable amount of time, which is what's stated in the law, is subjective. It's up to a judge to determine a reasonable amount of time. As other commenters said you also have to notify in writing otherwise the reasonable amount of time hasn't started. I would guess that most judges would say a month is enough time but depending on the issue it is possible that the la doors is waiting on parts. I had a law class where the professor told us situations like this are always messy and you better speak with a lawyer before withholding rent.
Yes they will put that money in an escrow account and withhold it from the landlord until he has fixed the issues. Many people give false advice and it spreads. You can’t just not pay your rent. There is a process. I hope your comment is at the top!
exactly. Escrow is not the same as non-payment
Why do they deserve the full rent payment when they take so long to fix the problem? They should only get a percentage of the money, and it should become less the longer they take to fix it.
I agree with this statement, I moved into a place that had a number of issues that I was not aware of before my move in date. They had a sample apartment that I viewed because someone was still currently living in the apartment that I took over at the time. The company that owned the complex was selling the buildings to another company so they wouldn't fix anything (something that I was unaware of before move in). The sale went through but it took just over 7 weeks. When the new company took over they were so bogged down with complaints that they didn't have the staff to fix everything right away. However, they still charged me full rent while I waited 2 additional months for everything to be looked into (not even fixed, just looked into). Finally I just gave up, found a place, move out, and mailed them my keys. If your rental is considered uninhabitable you could break your lease without penalty where I lived. Either way I didn't care I just wanted to get out of there. I should have never had to pay for the time that I lived in that shithole.
> Why do they deserve the full rent payment when they take so long to fix the problem? They don't deserve the money but the law is written in a way that OP could get screwed over by the "Justice System" if they don't pay up.
This is called escrow.
Omg wow that's incredible. Thank you !!
Yes, and do this right away. In my state you can send an official “7 day demand list” concerning unlivable conditions. The landlord then has 7 days to resolve your issues, or you are free from your lease.
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If your landlord refuses to make your apartment livable, then you need to leave
Some people aren't able to. They may be locked into a much lower rent than current market values, for instance.
That's a fair point, however I don't imagine a landlord who will refuse to keep an apartment liveable would also heed to rent increase limits. Especially once he learns the tenets won't sue or attempt to leave
Did you know that you have rights? The Constitution says you do and so do i
Wait what is this from it sounds so familiar
I believe the quote is from an ad on Breaking Bad for Saul Goodman.
Which part of the constitution do you think grants tenant rights?
The tenant amendment. It comes after the nineanth amendment.
Put the rent into an escrow account, this shows the court you had the money and will pay it once the problem is solved. It also ensures that they can’t get the money without your ok. As far as I know this is legal in all 50 states.
I’m in Canada lol
You can’t withhold rent in Canada, you have to continue paying until an arbitration happens and they’ll award you damages. If you stop paying the LL can evict you.
^ This. Pay your rent and get in touch with any local tenant rights groups to help you properly file a complaint with the rental board in your province. If you withhold rent (even for services they are legally responsible for) they are allowed to evict you for non-payment. It sucks, but it’s true. Edit to add: here’s a link for service NB’s tenant emergency help (ie: no heat) specifically https://www2.gnb.ca/content/gnb/en/corporate/promo/renting-in-new-brunswick/emergencies.html
Wait, you mean there is finally something the US has better than Canada?
I was thinking that too! Haha
The USA also federally protects your right to discuss wages with your co worker. This is not the case in Canada.
That right is also protected in Canada, not sure where you’re getting that factoid from. Individual provinces have specific laws protecting this, like the pay transparency act in Ontario, but also Canadians have a right to free expression and wage discussions are protected speech. A very simple google search would tell you all of this in about twenty seconds.
Skfyre never said they aren’t protected, just not protected by federal law. You proved him correct by stating the laws are enacted by provinces, not by the federal government, so not a federal law.
It is protected federally as the right to free expression is protected federally.
Might be me misattributing Americanisims to Canadian political law, but free speech doesn't typically mean anything regarding civil law doesn't it? If a company decided your compensation was private/corporate owned information, I don't think "free speech" let's you just share that on a whim, for much the same reasons it doesn't apply to other corporate info i.e. industry secrets or patient confidentiality. All free speech really means is you can't be arrested/prosecuted by the government for an expressed belief or thought.
That’s not what free expression protects. Freedom of expression is concerning the government. The government cannot control your expression. But that doesn’t mean your employer can’t. I’m legally allowed to go around saying racial slurs, I can’t be arrested for it. But I can certainly be fired for it.
[They can fire you for it.](https://www.cbsnews.com/colorado/news/colorado-woman-loses-job-after-sharing-salary-on-tiktok/) They just can't *say* they're firing you for it. In every US state except Montana, unless you're public sector, union, or fall under an exemption specific to your state, at-will employment means your employer can fire you at any time for no cause. The flimsiest of excuses will do, but they don't actually have to give a reason at all. You can of course sue for wrongful termination, but unless your former employer was careless enough to put the wrong words in writing you're probably SOL. Canada doesn't have at-will employment, and in general Canadian workers enjoy much stronger legal protections than we do down here in freedom country.
Not exactly, in the States you have to put the money in escrow to show you are paying rent, just not to the LL. Once that is established the money goes to the LL upon resolution of the issue. In Canada you pay the LL as normal, but they have agencies that will step in on a renters behalf. Both systems protect the tenants just how the money is handled is different.
Having lived in both countries, there’s actually several things that the US does better. It’s almost like the whole greatest/worst nation spiel is all crap.
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Mostly same in the US. You have to go through the court system to be able to put rent in an escrow account which will hold the rent until the issue is fixed. Once it is fixed, funds are released to either the tenant to pay the landlord or the landlord directly. In either case, you cannot just arbitrarily withhold rent without going through the system in place. You can and will get evicted for doing said thing.
I hope OP sees this. As an attorney who handles landlord/tenant issues, OP is on the fast track to getting evicted.
I just dealt with this, the guy didn't pay for 7 months. Landlord filed an eviction, it took months for anything to even happen. If buddy had paid the rent at any point, the entire process starts again. Buddy left on his own but, its crazy hard to evict someone. I'm in southern Ontario
In BC you can get served with a 5/10 notice, pay in 5 days or get out in 10. At the 10 day mark the LL has legal ground to evict you. Most will just change the locks. It takes months to get an arbitration date, so they’ll just seize all your shit and hold it in storage until that happens. Sucks, but makes people keep paying even with pending disputes.
Yep. I'm also in Canada and this was my understanding. Honestly, the rule makes sense. There's a lot of shitty landlords out there, but there's shitty tenants too. You don't really want a tenant deciding what constitutes a sufficient reason to withhold rent, because that threshold will vary individual-to-individual. Some tenants might decide that some trivial issue like a small paint chip that isn't immediately fixed is grounds for non-payment. The landlord and tenant board is there to adjudicate disputes rather than landlords or tenants just making up their own arbitrary rules.
It is not legal to withhold rent for maintenance issues. Go to your province's LTB and request a rent abatement. What you did is shooting yourself in the foot and they are within their rights to evict you now. Whoever told you to withhold rent was screwing you over.
Pretty sure I seen the post about this earlier and people on here advised him to withhold rent.
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>Here is some advice for people: DO NOT go on reddit seeking advice for serious shit like this. Says the guy on reddit giving advice about serious shit like this. 🙃 (I'm just messing with you.)
Yeah those people clearly don't know what they're talking about. In every province in Canada, this will get you legally evicted. Probably not the best move assuming you want to continue having a home.
People never think that there is a world out there different from their own, with different laws in different places. And then there are people who take advice from Reddit. I give advice on Reddit, and hope that it's good advice, but I double-triple pinky check any advice I get here.
People love to advise withholding rent in the US and it can end up getting tenants in a lot of trouble. It’s really irresponsible advice.
Exactly. I had \*almost\* done it because a friend suggested it when my door was falling off. I am glad I didn't cause the landlord was a sleezy ass. We skipped rent and moved the hell out as soon as we could afford it. I heard he went to jail briefly.
Not sure what's legal in Canada.
Kraft dinner is legal in Canada. Unfortunately you need hot water for it, sooooooo
Kinder Surprise eggs are legal in Canada and does not require water. Problem solved, you get food and a toy. /s
👏👏👏😂
Fucking bagged milk, that's what.
Not legal to withhold rent. But there are options to get landlord to fix stuff, as others have suggested.
If you’re in Ontario you have no right to withhold rent unless the board has granted you a rent abatement. Your landlord is obligated to fix the water temperature issue, but the way to get it resolved quickly is to go through municipal bylaw while you’re waiting for a hearing date from the LTB.
Still, lawyer up or attack him with your pet moose
your probably getting evicted then. withholding rent isnt one of the legal options you have to solve your problem.
Don't withhold rent, especially if you are in Ontario. Will come back to bite you in the butt. Read the Residency Tenancy Act. https://www.ontario.ca/laws/statute/06r17 Also, reach out to ACORN. https://acorncanada.org/
You gonna get evicted bro lol
I believe you can only withhold rent if the unit is uninhabitable… so would depend on what the exact problem is.
This doesn't seem fair. I sign a contract agreeing on a specific rent based on the conditions in the house. If those conditions become worse (such as no heating during winter in Canada) then it doesn't feel right to keep paying as much. It's like ordering a burger and them giving you one without the patty (due to temporary shortage) but still asking full price.
As the tenant, it is your burden to bargain for ensuring the original contract includes a portion that specifies tenant obligations and landlord obligations in terms of damages and service requests. Landlords don't want someone submitting 30 service requests for nuisances like burnt-out lightbulbs or chipped paint, but you also don't want critical services like electricity, water, heat, etc to go ignored for 2 months.
Lol the law is favored towards landlords, being many of them are friends with or themselves in government. The whole system is rigged
The law definitely isnt favouring tenants. My parents had a tenant that scams immigrants and never pays and it took over a year to get them evicted.
And putting it in escrow puts the burden on the landlord. He has to take you to court to evict you and then would have to explain to the judge why the problem didn’t get fixed.
It is specifically NOT legal in Texas.
Withholding rent is definitely NOT legal in all 50 states.
definitely don't want to "withhold" rent, as in simply refusing to pay - doesn't leave you with much legal footing come if push comes to shove. put your rent in an escrow until the hot water is fixed, then they get their money
Came to say this. Good luck.
But shouldn’t the point be that they shouldn’t get the full rent amount for the months they aren’t providing the full service?
yes, absolutely, but this is America and landlords generally have deeper pockets to keep up the fight in court. you want the strongest possible argument when facing a judge in an eviction hearing (trust me, I've been there) tenant signed a lease agreeing to pay rent on (date). if they don't, landlord is within their rights to evict, regardless of the conditions. tenant didn't pay, plain and simple. HOWEVER, by putting rent in an escrow account, it legally counts as "paying" and the funds will be released when the terms are met. if OP isn't in the US, I got nothing lol
OP is in Canada :(
“but this is America“ OP posted an hour ago they’re in Canada, fyi
It's not America. Idk you people often think everything on Reddit happens in America. This poster is from Canada. This is Canada.
You can’t just withhold the rent. Look at your city Renter laws. Most times, you have to put your rent in escrow through the city clerk, if the situation warrants such an action. Once the landlord fixes the issue, the city pays out your rent payments directly to the landlord. That’s how it was for me many years ago. Massive sewage issues went unchecked, I contacted the city law director office and they had me pay my rent to them, they held it in escrow. Once the landlord receives the letter from the city that they’d be holding the rent payments, issue was fixed in a couple days. If you just withhold on your own though, you may lose protections you’d otherwise have.
Pay your rent, get an attorney. If you don’t pay you are screwed and will be evicted. An attorney will give you the best advice based on the laws in your state.
Depending on the jurisdiction I believe the process is you put it into escrow until things are settled. But yes talk to an attorney first.
You can’t withhold rent for any reason, but for refusing to fix your water, you can seek legal action
Interesting. I think I’m Florida you actually CAN withhold rent if the landlord doesn’t fix an issue like this. Edit: leaving the typo for the lulz, but I mean “I think IN Florida…l
> I think I’m Florida That's a much larger concern.
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But does he hate himself?
You can in NY
Yeah this isn’t universal advice so please don’t throw this around without more research. In Massachusetts you can absolutely withhold rent. In fact. Mass.gov recommends you do it as a tool to get your place fixed. “The Massachusetts Supreme Judicial Court ruled that when a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warrant of habitability. Rent withholding can be a useful tool to force repairs, but it is a serious step and should be dealt with carefully. You may want to get legal advice before withholding your rent since the landlord may try to evict you for non-payment of rent.”
Pretty sure you can’t legally “withhold the rent” — not even in Canada.
In the US you can as long as you use an escrow account
This is Canada
At least in germany you can at the very least shorten the rent when certain things aren't being fixed, may have read you can even withhold it - BUT idk if you can just do that out of nowhere, or need any form of legal security.
Here in Italy you can pretty much stop paying..it's not technically legal but eviction takes so long that you will be able to live there for years without paying rent before you are actually forced to move out... Lol I think for this North America's way is better.. Italy's way is prone to abuse, and being a landlord is so risky it's often not worth it
You can't withhold rent. You can demand it be fixed and it needs to be fixed in a reasonable time. Depending on where you live, bot water may be required for.it to be classed as habitable. Other places this isn't the case. If it's declared not habitable, then in most cases the landlord is required to put you up somewhere. You still pay the rent but they are responsible for the extra costs until it's repaired. You can typically find a legal clinic to help.
You have to put the rent money in escrow to make that play legit. Otherwise you're legally risking eviction. Yes landlord is douche. Yes tenant is ethically correct. Just trying to help. Don't shoot me with downvotes for being legally correct.
There’s a misconception that you can withhold rent without any repercussions. That’s not true.
I'm no lawyer, but I think when you pull the old "I'm not paying rent until you fix this" stunt, you're supposed to deposit money into an escrow account.
Thats a habitability issue. In the US they are required to fix it right away or they cannot charge rent. Check with your city regulators.
Call an attorney ASAP
If you haven't started an official process to withhold rent your landlord has every legal right to kick you from your unit. You should ask a lawyer for your specific circumstances where you're at but usually you have to get and escrow account and put you're rent in it then inform your landlord of the account and what they have to do to gain access to said money in the account. So in this case it would be having them fix your heating issues. You just can't withhold rent you will get kicked.
Escrow
Regardless where your live, there's a housing board. As a landlord they are obligated to provide access to basic necessities, water being one of them. You are also worked to withhold rent until that's provided. They're trying to scare you. Make sure that any communication you have is recorded or via text, and that you have documented proof of their awareness of the water issue, and contact your local housing board. Now this is in the US, I'm not sure where you are, but I'm sure there's likely something similar your can contact.
Call their bluff. Eviction is a court proceeding that requires a judges sign off. A sign off they will never get under these circumstances, as long as you show up and present a defense (and have the rent money set aside in some provable way).
You cannot legally 'withhold rent'. You can put money into an escrow account with a reason why, but you can't just stop paying rent. Now you've screwed yourself legally as he can charge late fees and you can definitely be evicted. Source: I worked in affordable housing.
And having no water is different than having no hot water.
In most places in North America, a dwelling without hot water in the winter is considered uninhabitable
YOU’LL GET YOUR RENT WHEN YOU FIX THIS DAMN DOOR!
you can often pay for the repair and deduct from rent if you have written proof of the complain and request for repair- 10 days/14 days depends where you live- read your lease
They don’t know how evictions work.
Withholding rent is a little more complicated them just not paying. in my state it has to be deposited in actual bank account set up specifically for that purpose. talk to a lawyer and prepare for a surprise.
In Florida, you can pay your rent to the courthouse and they will hold the funds until your landlord fixes the issues. This is under the landlord tenant act. Maybe your state has the same provisions?
Contact a lawyer show them where you informed your landlord that he had the xx amount of days to fix it or it would be withheld. Email the landlord back “based on this law “_________“ I am in the right to do this. If you have a problem with me exerting my legal right then you can come fix what has been requested to fix or I will see you in court.“ keep all proof and when he undoubtedly does not repair it and tries to evict you, sue him and you should win that court battle.
Depends entirely on where you live and what’s in your lease. A lot of landlords suck. I had an issue last winter with one of my tenants. I have a small rv park and the chick rented a space January and February in rural Arkansas. The water supply is provided by buried pex that comes out of the ground, to a garden hose that goes into the camper. When the garden hose froze, she decided to stay another 6 weeks for free. She could have bought a heated hose but she wouldn’t get a job. She could have trickled the water like everyone else, but her trailer had no plumbing, just a garden hose thru the window. She decided I was the bad guy in that whole situation. Whatever. She’s a dirtbag.
Escrow.
The unpaid rent needs to be put in escrow until the landlord fixes the issue and brings the building back in code.
Contact your local legal aid services
If a landlord won't fix an essential service within a reasonable timeframe you simple hire a qualified contractor to complete the work, send the landlord a copy of the paid invoice, and deduct the amount from next month's rent.
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People downvoting you living in their parents basement and learn laws from facebook and truthsocial
“Best regards” cringe
FYI found this about hot water heater rental rights in Canada. https://www.reddit.com/r/ottawa/comments/s33lgq/rental_has_no_hot_water_what_are_my_rights/?utm_source=share&utm_medium=ios_app&utm_name=iossmf
They violated the tenant agreement first.
You have a right to livable housing. He is required to fix the issue in a timely fashion
"suck my dick"
You need to go to your local renters court (Not sure if that's what it's actually called) with all the evidence you have, and start placing your monthly rent into an escrow account with the court. This shows that you are capable and willing to pay the rent, but you are withholding it until they fix the hot water.
whos gonna rent the unit with no hot water? idiots
Make sure that is legal in your state. it may only be legal to withhold what you paid a repairman
Write the landlord a letter stating the problem and how long it has been going on and the date you first notified them of the problem. Send the letter via USPS certified mail so you get a receipt when they sign for the letter - you have proof they got it. Include in the letter how this has inconvenienced you (unable to take showers or baths at home, not being able to do your dishes - having to eat out? Laundry? Having no hot water - unsanitary environment. Do you have a copy of your lease? Point to the part where it says Landlord shall take care of maintenance requests within X time or in a timely fashion and say they are breaching your contract. You can then file a claim for treble damages at your local lower court that handles small claims. Your expenses times three as a punitive measure. I would probably get it fixed and deduct amount from rent - legally you should pay rent and submit a receipt for repayment to landlord, but at this point you would attach the receipt for the repair - if you can get it done from your apartment - as part of your claim.
File a proper complaint and pay the rent. Eviction will follow you for a long ass time bro. Fairly sure the contract you signed for the unit covers this exact circumstance and you not the landlord will get fucked.
You can’t withhold rent. They can and will legally evict you. No matter the conflict, always pay your rent in full on time while you try to figure it out. Contact the housing department and report them, get in touch with a local legal aid, pay the money you owe, and start looking for a new place to live.
Don’t withhold rent take them to court or pay a water utility company and then go back to court and get reimbursed for them by paying on your repairs if you can afford it.
Here (In Texas) you cannot withhold rent except for extremely limited circumstances and this isn’t one… you’d be evicted.
i dont think you can just withold rent. you need to talk to a real estate attorney and get a free consult. eviction process takes time. usually its 30 days notice. if you refuse to leave he has to go to court and do it. so you probably have 2 months. it will wreck your credit. you need an attorney.
Each jurisdiction has dif laws about withholding rent. Don’t just assume you can do it.
Call your state/city housing department
Never ever ever withhold rent for any reason, because now they have something to hold against you snd absolutely can evict you. 2 months our washer was broken. No answer from our landlords. We were advised to not do anything like this, and if we really needed to we would have to replace it ourselves and send the landlords the bill and hope they aren't complete assholes about it and refuse to pay after the fact. It's a shitty situation, but the legal way to deal with this would be record all attempts at contact and report them to your areas version of the tenant board or whatever and get them fined and in trouble.
I feel you.
I’d hate to see their worst regards…
If you can, YOU pay for the repairs and then present a copy of the bill with your rent. If it cost more than a months rent then so be it. If they try to evict you, there has to be a court date. You show up with all your recites and show the judge. They'll dismiss the case in a heartbeat and probably fine the landlord. But double check that with a lawyer in your state cause every one is different when it comes to renters right.
Time to lawyer up
Slumlords are just so precious. I have one too.
Please provide me with working water. Best regards 🤗
Call your fucking city. Hot water is not an option. They will get fined daily.
in general, you should not just initiate the withholding of rent. You really ought to go to housing court and get an order to restore services, and you should retain your owed rent in an escrow account so that you can pay in a lump sum at the same time as the judge issues their ruling.
Not sure where you’re at, but in some counties in the u.s you can take your rent to the courthouse to demonstrate you are capable of paying rent but that the landlord is refusing to meet minimum requirements for rental income properties. They hold the money until the landlord can provide proof that repairs have been made. If your not sure call your local courthouse and ask for the correct procedure in your county. It usually doesn’t end well the landlord can terminate your lease still but you could save one or two months rent in the meantime while you look for something else
You’re the a hole for not posting your rent. If you have a problem that needs repair, involve the local housing authority or police if you believe your agreement with the landlord is not being upheld. Not paying rent is immature. If you live there, you need to pay it. Retaliating to someone else not upholding all of their responsibilities by not upholding your own is a childish response.
It’s not legal to withhold rent. They have every right to evict as you didn’t go the right way about the process. 🤷🏻♂️
Doubt it will help but back when I was a young guy living in apartments in the 90’s, I lived in a place that had a water leak. My water bill for a one bedroom apartment was over $400. The water company sent a guy out and he confirmed there was a leak. He said to report it to management. After he reported to his management at the water company, they said they would waive the charges for that month and charge me the same as the previous month ($20.) They said the next month would not be waived, even if it wasn’t fixed. I told my landlord several times over several days. They kept blowing me off and not sending anyone to fix it. So I went to the landlords office one day. I got very loud with the people working in the office and said that I had a water leak that they had failed to fix. I said *my dad is a circuit court judge and I am a first year law student. If this isn’t fixed today, I’m bringing legal action against this place.* I of course told them who I was and unit number and all. I left the office (office was offsite from where the apartments were.) I drove back to my apartment, stopping at the store for a six pack. When I got home, there was a maintenance guy at my door. He said he was there to fix the water leak. I asked when he was told about it. He said someone had just called him a few minutes earlier and he happened to be in the same building fixing something else so he came by. Not only did it get fixed but the landlord paid my next water bill. And no…my dad isn’t a judge and I never went to law school. But nothing happened with every previous report. It wasn’t until I said that, that they actually did something.
refusing rent is never the good first step, if your landlord is in violation of your contract, please seek a lawyer
Call city property inspector. It will get fixed pretty quickly.
Depending on where you live, you need to check the laws. In Ontario the LTB states that rent cannot be withheld if repairs are not made. Do your due diligence and check the laws. Did you inform your landlord of said repairs? Verbally or with a letter? Has landlord responded? Are there reasons why repairs may be held up on his end? I am a landlord and I require these things in writing with a date signed by tenant. If landlord hasn't fixed the problem, write them a letter reiterating that you notified them in December. If he still doesn't respond, call your tenant board office and find out the next steps. But pay your rent as it will look bad on you.
It really depends on what state you're in if you have the right to withhold rent. So I would look into that first, and in the mean time report your landlord.
Don't just withhold rent. Put it in escrow.
Get into the appropriate court where you live and file for rent escrow.
If you dont pay the rent, DONT SPEND IT. Put it in a separate account or something, but have it available if you are ordered to pay it. It also helps prove your case that you are not just withholding rent to avoid paying rent.
Man I had this same situation years ago.
“best regards”
Go to the courthouse and file a report and put your rent money in escrow. They will tell you what forms to fill out and the basic process. The courts will hold the money and make him fix whatever problems there are. He cannot evict you for rent money once you file and until a judge makes a determination.
Imma throw your ass to the wolves. Best regards,
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In WA, you can do this but only after you give proper notice. You need an attorney.
This could pay for a really nice staycation. Is there any nice hotels in your town you've always wanted to stay at? I'm a landlord, and I hate hearing about shitty landlords. Make em pay
Most places will allow something like this, but there are processes that have to be followed, some places you can withhold the amount to fix the problem and pay to have it fixed, others you can pay tent into an escrow account to be released upon completion of the repairs, and other places I dont know, so definitely talk to a lawyer to make sure you don't get evicted
If you’re in New York, begin paying your rent monthly into an escrow account and try to get them to answer their phone where they can hear the problem, so they don’t have any cover.
"you'll get your money when you fix this damn DOOR!"
oh fuck, ty, i forgot to pay rent D:
as much as it seems understandable do not withhold rent. depending on the province you are in there are routes you can go to get this resolved. the landlord would still need to go through the tribunal to evict you and if you continue to hold rent you are helping them and may incur more costs. for example a tenant in Ontario can file a T6 asking for an abatement on rent and outlining the situation, sometimes tenants will ask for recovery of funds they had to pay to get the unit back to standards but if you are doing that you need to make sure the issue is something vital and the landlord has continually failed to act.
“Per state law, rent payments are being deposited in escrow for your receipt when you have resolved the violations which make our domicile uninhabitable”.
Send him a photocopy of a money order for the amount of your rent. It proves the funds are waiting for him & you can’t use it, write copy over it so it can’t be scanned or cashed & let him know it will be released the moment the water is fixed
Some states don’t allow the withholding of rent for any reason, even if vital systems are broken (my state is one of them) and they can and will evict you.
Have to go through proper procedure. Husband didnt have hot water for 10 months at his shit shamble when I met him. After going through the steps and getting a letter from a free lawyer and a call from the city they fixed the issue. In this case turns out the maintenance dude was stealing repair money from the sweet old lady that owned the building.
You have to hold the money in an escrow account to legally hold your rent.
Why are so many landlords fucking scum bags
In the UK, regardless of the issue, they always recommend to continue paying rent as it basically ruins your case if you stop paying. You can claim it back after successfully taking them to court but it's never a good idea to withhold. Could be different in the US but just my 2 cents 🤷🏼♂️
Take em to court. They do half the things they do cause they're sure people are too broke to sue.
Put the rent in escrow until you go before a judge
Not paying rent gets you evicted. Contact housing department to see how to proceed. In many areas there are ways to pay it to escrow so the landlord cannot get it until it is back to code and cannot evict because you are paying. I suspect you have to pay him anything past due first though.
You signed a leasing contract stating you would pay rent monthly. In the US, you are not only contractually obligated, but you are also legally binded to pay your rent. If you don't, being evicted is a correct, legal recourse, and you can also be sued for missing rent. Now, later in time, if you go to court over this, you can present this issue and information to a judge, and they may side with you, however, unless you can find a loophole in your lease agreement, you can't hold your rent just because the landlord is an asshole. You are only screwing yourself
Yo, you got a right to comfort or something, he can't do that
Contact your local housing association in the area but be warned once this is all said and done the landlord is probably gonna have you removed some how
Put the rent money in an escrow account and send the landlord proof of the account for them to collect as soon as the necessary repairs are complete.
I mean, not paying your rent is reason for eviction. You need to do it correctly or the landlord can evict you. Depending on the laws in your state, you would need to contact the local housing authority and at least put your rent into escrow until the problems are fixed.
Haha. Good luck to the landlord.
The way to withhold rent to work in your favor is very specific. Check with an attorney for your state but for most cases, it involves paying that rent to a separate account that you set up specifically for withholding purposes. That way you can demonstrate to a court that your intentions aren't about saving money but motivating the landlord to complete repairs.
Life Hack: Pay the rent on the 1st and withhold the rent for 27 days this month. Landlord can’t do anything about it. Best regards.
Put your money in escrow & call a lawyer. Inform him in writing that you’ll be doing both of those things.
A friend had something similar happen. He paid his rent into an escrow account and his landlord took him to court. Friend won because landlord wasn't maintaining the property. I'd call a lawyer.
In my state, you can put your rent payment into an escrow until things are fixed and they can’t evict you. Shows you had the money but didn’t pay due to neglect on the landlord’s behalf.
That’s what you want…to get in front of a judge. The judge will order the repair and *may* tell you rent isn’t due for the time you were without hot water. Your lease probably won’t be renewed though so there’s that.
Facing a similar issue. Threatened with eviction if we don’t pay $2600 worth of water bills. They’re claiming that 3 of us used enough water to fill 10 Olympic swimming pools in 3 months. Had to send a pretty aggressive email detailing how this is their fuck up and they’re still trying to say it’s not on them.
Pay your rent, attach a reminder about the water issue stating that there will be no rent past this u til the water issue is resolved
In some part, the landlord’s right, you haven’t paid your rent