Can I Withhold Rent if the Landlord Will Not Fix Water Damage?
Tenants expect to rent a habitable house or apartment. Habitable means that the rental unit is fit for a human to live in. This includes functional heating, electrical and plumbing systems. Each state has rules and regulations regarding the habitability of rental houses and apartments. These laws describe the legal remedies tenants may use to insure the habitability of the rental homes. A tenant may withhold rent if the landlord wont fix water damage depending on the state in which the rental unit is located and the amount of damage.
Notification
Once the tenant notices water damage, the tenant must notify the landlord. To have a record of the notification, the tenant should write a letter describing the damage and the required repairs. Send the letter by certified mail with a return receipt requested. Also, immediately call the landlord and report the problem. An alternative is to hand the letter to the landlord and request a receipt to show the landlord received the letter.
Make Repairs
The landlord has a reasonable amount of time to make the repairs. The definition of reasonable differs by state. Some state laws mandate when the repairs must be made. Other states recommend the repairs be completed in less than 30 days. Often, "reasonable" depends on the individual situation. A defective plumbing system or leaking roof that causes water damage requires fast repair.
Withholding the Rent
If the landlord doesnt repair the water damage and doesnt have a valid reason why the repairs havent been made, the tenant may consider withholding rent. To withhold rent, the water damage must be serious and threaten the tenants safety and health. State laws must allow tenants to withhold rent. In some states, a local Board of Health inspection and landlord notification of health code violations are required. The water damage cant be the fault of the tenant, or the tenants guests, pets or family. It is wise to seek legal advice if rent will be held from the landlord.
Amount to Withhold
A tenant may withhold part or all of the rent depending on the water damage. If 25 percent of the house is not habitable due to serious water damage, the tenant may consider withholding 25 percent of the rent. The rent that isnt paid should be deposited in a special bank account. If the landlord takes the issue to court, the judge may require prompt payment of all back rent. In some states, all back rent is due when the repairs are made. The money is immediately available if kept in a bank account.
Consequences
If a tenant withholds rent but the landlord disagrees, the landlord may take the issue to the court. If the court decides the withholding was wrong, the court might require immediate payment of all back rent or require the landlord to take possession.
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