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My landlord has sent me a summons of non-payment of rent

Asked Dec 14, 2010, 09:33 PM — 1 Answer
Well the reason why I have not paid the last 2 months that I have stayed here is because we have a leaking roof which he will not fix and it has been 7 months and he still has not fixed it .Then it stared to grow mold and cauesd my 7month old to become sick and then on top of me being even more stressed I have had 5 seizures due to that they where trying to take my daughter becaues the apartment is unsafe to live in and my seizures are caused by stress and they will have me bed sick for two days and I am a mother of a 7month old can't be down and out with her I have talked to my codes enforcement officer and they have told him to fix it and he never has and then my doctor was trying to call cps on me cause of my daugher been sick so she said tell him to fix it or move we will be out of the apartment before the court date so what should I do?

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ScottGem Posts: 58,100, Reputation: 28145
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#2

Dec 15, 2010, 03:37 AM


You just can't stop paying rent. Was he issued a infraction over the leaks. If so, you need a copy of the order.

If you have decided to move and you will move before the court date, then just show up at the hearing and show the court you have moved. Show the court the code enforcement order so the LL doesn't sue you for the back rent.

For future reference, there is a process to go through before you can stop paying rent due to problems that the LL hasn't fixed. That process varies by area so you need to find out what it is for your area before you stop paying. Generally this involves formal notice to the LL and to place the rental in a separate escrow account until the situation is resolved.
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