withholding rent
- Thread starter Rÿcher
- Start date
Although I agree with you about how easy it is to replace a breaker, they certainly aren't $6, plus, I can only imagine what would happen if "Joe Unsure of Himself" touched the hot bar.
Then I would have to say that either Maine is one of the most f***-ed up states there is, or your friend is grossly mistaken.
I wasn't just talking out of my ass, here.
http://www.homedepot.com/webapp/wcs...langId=-1&catalogId=10053&productId=100028706
Well, I stand corrected and I'm impressed. I was pricing breakers at Lowes yesterday, and they were much more.
But in any event, I stand by my second statement. Hell, I got smart-assy once and was going to pull a breaker without turning it off. BIG MISTAKE.
Well, I grant you that. Obviously one should always drop the main line power before replacing anything on a powered bus.
Why the hell would you pull the breaker and NOT turn the power off>???
You have bats and wasps? I would be gone!
THats not an excuse...
I told you I was young and smart-assy.
Sounds like it's time to move. Are you in a lease? If you are, do as others suggest, and look at your documents carefully. He does have to keep the place reasonable habitable, and if he hasn't, you can use that as an escape clause.
Write out a letter of everything you think is wrong with the place make it as formal and clear sounding as possible listing everything that is wrong with the dwelling and what you want fixed. Tell him in the letter that if the items are not corrected or proof of arangements aren't made to correct them by the end of the month that you will withhold your rent until arrangements are made/the problems fixed and you'll be let out of your lease and given 3 months to find other habitation.
Good advice. Except it's not correct. Most of the things that the OP referenced should be fixed himself. Only structural issues such as problems with the electrical system, plumbing, heating, fixtures should be fixed by the landlord. Even his rental contract says that...
Your advice will lead to breach of contract, which will make him liable for the contract as a whole and probably for punative damages.
One of the things he listed was problems with the floor in his bedroom. I'd say that's a "structural" issue. He also mentions problem with the electrical system in the house and leaks in the ceiling.... all "strucutral" things that must be fixed.
Depending on the terms of the lease the breaker problem could be the renter's responsibility, but I doubt it. It should also be the owner's responsibilty to make sure the structure is up to code. Given the state of the windows it would seem that isn't likely the case.
I'd also aruge snow/ice removal is the guy's responsiblity on this property (I'm not clear, though, if this is an apartment or house. A house seems to me it'd be the renter's responisbility to remove snow/ice from the paths an apartment would be the landlord's responsiblity.)
Some of the problems may be the OP's responsiblity to take care of but it seems like there's more than a few items on that list that the landlord should of fixed.
I fixed all of your spelling errors (*hint, get Firefox), and anyway, who is to say the the problems with the floor aren't loose subfloors? No big deal. I'd take Alpha's advice over a manifesto of bitching you'd suggest someone submit any day of the week
Probably the one thing I will echo with Alpha Romeo is not to withhold rent. That's a breach of contract on your end. If it's a serious problem, I would definitely suggest contacting a local lawyer who can help you (it's possible a threat of litigation will get the land lord to fix the problems). But withholding rent will just make you the defendant instead of him.
For the record: Windows don't 'run' over time. Glass, at normal temperatures, does not 'flow' no matter how long you leave it be. Rattling windows are caused by the housings wearing down so the panes are more freely able to move. Older panes also tend to be not as evenly thick as those made with more modern manufacturing technology. If glass 'flowed' even a little bit over time it would be considered a 'supercooled liquid', which glass CAN be if it gets hot enough, but that isn't what is causing your window problems.
Some questions.
When is your lease up?
I understand that you have friends living in the area, and that is why you want to be in that area. However, why does this mean that you have to live in that particular structure? Why can't you find a better place in the same neighborhood?
You need to keep making your rent payment as agreed. Even if you think that your landlord has breached your contract with him, don't put yourself in a situation where you actually are in breach of contract.
Talk to a lawyer who deals specifically in real estate law in your state.
When is your lease up?
I understand that you have friends living in the area, and that is why you want to be in that area. However, why does this mean that you have to live in that particular structure? Why can't you find a better place in the same neighborhood?
You need to keep making your rent payment as agreed. Even if you think that your landlord has breached your contract with him, don't put yourself in a situation where you actually are in breach of contract.
Talk to a lawyer who deals specifically in real estate law in your state.
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