Is it illegal to withhold rent until an issue is resolved?

Question

Is it illegal to withhold rent until an issue is resolved?

Answer 1

Your best option is to move elsewhere when your rent lease expires. A landlord is not responsible for odors from other areas coming into your apartment. While the varnish smell is unpleasant, it's bound to be short term, and will be considered acceptable since it's part of a renovation/upgrade.



Withholding rents will get you nothing but an eviction notice.

Answer 2

Withholding rent may lead to an eviction. Be careful!

This question is hard to answer without knowing your tennant laws for your city/state.



REALITY:

I suggest you actually speak to the property manager in person. This means you will need to visit the property office and speak to someone face to face. I found that letters and phone messages dont do much but a upset tenant in the main office is always taken care of quickly.



LEGALLY:

There are provisions that allow you to withhold rent but it doesnt mean you get to pocket the money. If you withhold rent there is a process you must follow that officially notified the property manager or owner. If you do not receive response or if the problem has not been resolved in a timely manner you are allowed to take your rent and use it to stay at a hotel. (This may end up costing you more in the long run considering hotels arent cheap compared to rent.)

Please check with your states Secretary Of State webpage to learn more about your rights as a tenant. You have better tenant laws if you live in CA, IL, or NY.



Considering the information you provided I do not believe you have much to work with. I had the same problem and the only viable solution was to move to another unit once my lease was up. I left once my lease was up, ended up buying my first home and became a real estate investor with the help of a local group.



Sorry for the bad news but that's the reality of living in apartments.



Good L.U.C.K. (Learning Under Correct Knowledge)

Answer 3

It depends on where you live and what the Tenant Laws are for your state.



Most states provide that if you have an issue with your apartment (rental), and you provide the landlord (management company) with a WRITTEN complaint--they have a period of time in which they must correct the issue.



If it is a life safety or health violation and they don't address the problem, you can hold payment until it is resolved. REMEMBER that once the repairs have been addressed they have the right to ask for payment immediately. So, don't spend your rent money, just because they haven't fixed something, or you might be looking at an eviction for failure to pay.



Look into your state's Tenant Laws before doing anything.



Good luck,

Answer 4

That is what you have to deal with when living in an apartment building. I do not know what you are talking about "ventilation"? Open a window to vent out fumes. Or put a better weather strip around the Hall door. that is where I assume the smells are coming in? You can not hold back rent for a problem that is just your personal opinion.

I know it is a pain, but you picked the place with a lot of others. Buy a house and move and then you will have no problems at all.

Sorry I couldn't help or give you a better answer.

Answer 5

Well in most states it is even with good cause n they can even have eviction proceedings started against u as well so be careful.

I understand ur taking a stand for all of the smells that seem to be creeping into ur place of living n I sympathize with u but u better seek legal advice as well before u get in over ur head.

Answer 6

Technically it is not legal because you are violating the terms of your contract (lease), they can and probably will take action if you do not pay rent. Sorry. Good luck.

Answer 7

Here is what you need to remember:



You DO NOT have the legal right to withhold the rent without the permission of the court.



A tenant is not permit to resort to self-help measures.



If you don't pay the rent, he can file for an eviction. A landlord is permitted to do repairs and cannot control what other tenants cook to eat in their apartments.

Answer 8

you need to read your state's/province's tenant law. google will find them.



withholding rent is covered. the usual answer is "no".

Answer 9

No. You can't withhold payment.

Make WRITTEN notice to the landlord. If he fails to make reasonable repairs in a reasonable time you can hire the work done and deduct it from the rent.



This is generally the rule. Your state may have laws that differ slightly.

Answer 10

No, it is not legal.

If you don't pay rent then you can be evicted.



Consider moving.