Witholding rent and getting back a deposit?
Friday, February 19th, 2010 at
10:36 am
I have withheld my rent for this month (I did get legal advice before doing so). I am going to leave in the next week or two if the inhabitable living conditions are not repaired and resolved. Can I get back my security deposit?
The heater was capped in March by PG&E for being a health hazard. They never fixed it. Also, the plumbing is messed up pretty bad…everything backs up and leaks. The owner was made aware of this months ago.
Rent Back Fast
Related articles:
- Should you Collect Extra Rent and Extra Security Deposit for Pets? The collection of extra rent and extra security deposit is often an area of opposing thoughts between landlord and tenant. Therefore, let’s look at the problem from both perspectives,...
- What can I do if my previous landlord has refused to send back my original rent deposit of $700 after 38 days? It has been 38 days since I moved out and I am aware that the california law only allows 21 days for a landlord to return a deposit. That...
- how can we legally get our rent and security deposit back from this crazy lady? My husband sent out a security deposit and first months rent to this woman in LA so he could share a house with her. He paid her and then...
- Can my landlord use our pet deposit with the security Deposit too back rent? well our Ex landlord gave us a three Day notice too Vacate the Apt they just called me too say we were not getting our Securtiy Deposit or our...
- Can I get my 1st months rent and deposit back? Here is the deal, I paid deposit and decided to pay 1st months rent as well. We have a receipt for this. Come the day before we were scheduled...
Tagged with: Health Hazard • Legal Advice • Plumbing • rent
Filed under: property rent back
Like this post? Subscribe to my RSS feed and get loads more!
Don' t greep uw adem. It' ll waarschijnlijk is een strijd.
yes…in small claims court. (breach of contract) prepare to be counter-sued.
If your place has damage to vital services like the toilet don’t flush, the shower leaks, the drains get plugged up, the heat don’t work.
Make a list of problems and send them with your certified return receipt requested letter giving him two days to fix it or your moving out. Wait 2 days. Don’t pay the rent.
Take a walk. Forget your security deposit.
Some landlords are crooks, sounds like you’ve got one.
Yes property must be provided fit for living and if not they are in breech of contract. You can send landlord a breech of contract if things are not fixed. Witholding rent is a breech of contract on your part. If you rented the property in this state and it was noted in defect inspection and noted by both parties prior to you renting the premesis then unfortunately you have no case. However if this happened during your tennancy agreement then your landlord has a duty of care to his tennants – all info should be on te RTA website. They can withold part of your security deposit if you withold rent and this violates your tennancy agreement.
Be sure you followed the exact, precise rent-withholding system established in your state.
He’ll probably keep it and you’ll have to sue in small claims court. So be sure to have lots of photos and documents to back your case.
It depends on what state you live in-some states have habitability laws that can be enforced by the tenant-in other words, you can “repair and deduct”. Others have no such protection. Not many have “withhold rent” protection. You can research this by looking up “tenant’s rights…your state”. Since the landlord has your security deposit already, should he/she decide to keep it, you would have to sue in small claims court to get a judgment.
get ready for a fight!