what are my rights?do i have to pay rent for a damaged apartment that the landlord refuses to repair?

Question

This is for someone who knows abot tenant laws.My landlord is losing his property,(my apartment) to foreclosure.I learned that is is in the process of being auctioned off.It was up for auction late july,but was not sold.On the third of july, a huge puddle of water started coming through the carpet,within a day it became huge.I called the landlord and the realtor,and left messages for both regarding the carpet.None of them called me back.My mother then told me that the landlord said that he would not be collecting the rent in august.so i called the realtor twice more,again no answer and no returned call.the puddle got bigger and bigger over the course of the month.i had to buy a water vac to get most of the water up.i had no idea where it was coming from.
On august 1rst the landlord shows up freaking out about the carpet,then he found that the cause of the leak was from the kitchen from a leaking pipe that he claimed was brand new.so he shut off the cold water in the kitchen and the puddle stopped.now the carpet is raised from the expanding wood in the living room and im sure that mold and mildew has developed.he refuses to fix the problem and says that he is not able to fix anything because he has no money.
it is almost sep 1rst.what should i do.i will be moving because even if someone does buy the property,it has to be fixed.do i pay this man rent.i want to do the right thing and pay him,but it feels like im paying him for nothing.The health department came out and investigated and did a report for me.I didnt pay the landlord rent for august.he said himself that he was screwed out of this months rent because of the leak.so what about september? do i pay,or pay some.PLEASE HELP. Thanks

Answer 1

Don't pay him and just get out of there an move NOW!

Answer 2

You cannot withhold rent as you will be evicted, and your landlord would have every legal right to do so. You need to file a formal complaint. Also see if there is a tenant union in your area, if so contact them and they will advise you as to what you can and cannot do. Sometimes it is merely easier to fix something yourself if it is minor. As for the smell have you changed the filter of the furnace? But then why are you running heat now? When the furnace has not been ran for a while it often has an odd oder to it when you run it again. In other words unless it smells like rotten eggs, or a gas leak, it is probably nothing.

Answer 3

. If it was so horrible that you stayed in a hotel, you don't owe the money. But it wasn't quite that bad. You slept there at night. You know in your heart that no one gets to live for free. The landlord is not family to you. She doesn't have to support you or provide a roof over your head. So you should pay something.

There is a twist, tho. Her mortgage had a clause saying "And Assignment Of Rents" which means that , if she doesn't pay the mortgage, the rent is to be paid to the bank. So i would call the bank and tell them that you want to send them some money. They will be thrilled. And some banks pay you $500 extra if you will take care of the property and not destroy it (i know you aren't doing that but they worry).

Answer 4

The home is being foreclosed upon. Why would the landlord fix something that is no longer rightfully his (the bank owns the property now).



FYI as soon as it's foreclosed you have to move out... so I suggest just moving out now and avoiding the last minute search for a new place to live.

Answer 5

i wouldn't personally. i would just put the money that would be for rent toward a new apartment.

Answer 6

i would pack my things up and move.....