Is there a way that I can legally withhold my rent from my landlord if...?

Question

I have been living in my apartment since January 1, 2010 and my lease is for a year long. It is currently the begininng of August and technically I have less than four months left. My landlord brought a man a few weeks ago and had him look around at the place. He did NOT call to ask if he could stop by or bring anyone, he just showed up and barged in while my family was here on vacation visiting me. My mother overheard them talking about money and advised me that my landlord could possibly be selling the apartment. Well, she was right. He called a few weeks later to tell us to put the electricity under our own names (which may have required a deposit) and that he was selling the condo. (We did put it in my husband's name)

From the beginning, since we moved in here there have been nothing but problems. The carpet was dirty and had possibly bugs in it that caused medical problems for my husband, and that needed to be changed. The A/C wasn't working the next month, and that needed to be changed. The apartment was an overall mess and so far my landlord has had to change the A/C, water heater, dishwasher, stove, and fridge. Just recently, towards the end of June and first half of July, there was a leak from the apartment above mine that left a HUGE puddle in my room, just by the bedroom door that soaked the entire carpet about 3 feet by 4 and a half feet and even when I wore sandals or shoes, the water would soak in. My landlord did nothing and told me to wait until it dried so he could get his "carpet man" to come and clean it. Well, it dried out, and no man ever came to clean it, and it's a month later. Who knows what kind of mold it left. I have seen evidence of previous times where that apartment has had leaks here that needed to be fixed. Just last weekend I found a snake in here as well, just outside of my bedroom door. I have reached my limits with this man. He called today and said (and I quote) : "If you don't pay your rent, you will be in big trouble, this is the last time I am calling for it." He treats me and my husband like if we are children and I am just tired of it. Is there a way that I do not have to pay him? Especially since he will be getting money from the new man who will be owning the place? I need to know what my options are, especially since I do not make a lot of money and I am about to go back to school.

(I live in Coral Springs, FL, if that helps...)

Answer 1

You have to pay rent. To withhold you would need a court order, but even then you still pay, just to the court, who gives him the money after he fixes whatever the judge agrees is a withholding worthy problem.



At no time are you legally allowed to live in property you do not own without paying rent. There is nothing at all that would entitle you to keep his income.



He can do more then evict you, he can garnish your wages for whatever you are trying to steal.

Answer 2

No you can never withhold your rent. If you have repairs and the landlord does not make them 30 days after notification in writing by you, you can resort to self-help which means you pay for the repairs and deduct the cost from your rent. Withholding rent will result in an eviction. The new owner will honor the lease so you still have to wait until it expires. If you have put up with the conditions this long, another 3 months wont hurt.



You can break a lease (constructive eviction) if the place is inhabitable and he wont fix it. But you have to file a complaint with the health dept about mold, then write landlord that you are leaving because of the living conditions.

Answer 3

You don't get to not pay your rent for four months' just because he's selling the apartment.



You moved into an apartment that was dirty. That is your fault for not inspecting it more closely before moving in. It's not very difficult to notice a very dirty carpet with possibly bugs in it.

You had appliances break down. But your landlord replaced all of them. Appliances break down, it's what they do. And he did his job by changing them when they broke down and needed to be fixed.

A leak from another apartment is not necessarily his fault. He probably forgot about the carpet because he probably is very busy. You're not his only tenant, and if he's trying to sell the place then he's also having to deal with that on top of a load full of tenants. You can't expect him to remember everything without being reminded.

Yes, it was a little inconvenient and rude of him to bring someone in to look at the apartment without prior notification, but for all you know the man who came to look showed up by surprise for your landlord and didn't even give him any time to prepare either. You don't know.



And, yes, of course he can evict you for not paying rent.

Answer 4

To withhold rent you need to go to housing court and file a lawsuit. Only with a judge's consent can you put the money in an escrow account and not pay the landlord. If he evicts you that destroys your credit, makes it impossible for you to find a decent apartment, you still pay all rent, damages and court costs. You chose to move into a unit that was filthy. Sorry but living rural gets you nature invading the home.

Answer 5

NO. Violation of the hire does no longer symbolize your non-charge of lease. that may no longer legally the alternative to an issue. you'll be evicted and get a damaging credit document in case you withhold any lease without permission. you may desire to take suited criminal steps to scientific care all issues, checklist each and every thing for any destiny court docket movements by using the two social gathering.

Answer 6

You can only withhold rent with a court order....and then rent must be paid into a court appointed escrow account.



If you fail to pay rent...he can evict you. Florida is the most landlord friendly state in the US. Evictions can take place in as little as 2 weeks.



If the place is SO bad...why do you want to remain there????

Answer 7

Yes, he can evict you for not paying rent. Breaking your part of the contract because he broke his is never advisable. I would file a lawsuit instead for rent you feel is owed back to you.



Above all else, move out if this place if it is this bad.

Answer 8

If there were problems, why did you move in?

Why didn't you go just rent a Rug Doctor or similar gadget to soak up the water yourself?

You have 2 options....pay or move. YOU need to take some responsibility for this.