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Unable to get repairs done to my apt.

Asked Nov 4, 2011, 02:31 PM — 19 Answers
Hello:
My question is do I have the right to withhold rent when I have sent a letter to the landlord stating the dishwasher did not work pryer to me moving in and once I moved in I found two of my electrical outlets not working but was told the apt had new wiring I have on many occasions spoken with the landlords to get these issues fixed and have gotten no where, recently I had to use a electrical heater and almost caught the place on fire due to I had to use a extision cord for the heater and it just about melted the cord. So Im not sure what my legal action can be. Please let me know if I am able to with hold rent to get these items fixed.

19 Answers
twinkiedooter's Avatar
twinkiedooter Posts: 12,172, Reputation: 6046
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#2

Nov 4, 2011, 02:37 PM
After properly notifying the landlord to fix the problems you have with the apartment (do this by letter, certified return requested mail) and then pay to have these problems fixed yourself and deduct the repairs from your rent including a copy of the repariman's paid invoice or bill that you paid. Do not withhold rent as you can and will be evicted for nonpayment of rent. Resend the letter to the landlord giving him two week's notice to fix the stuff and state you will have it fixed and deduct the repairs from your next rent check. hopefully that will get his behind in gear to get the stuff fixed. Electrical outlets are very easy to fix if you have new outlets waiting to take the place of the old ones. 10 minutes tops for both outlets. The dishwasher could have serious problems like a burned out motor and cost an arm and a leg to fix (maybe he knows why it's broken and won't fix it as it costs too much to fix).
ScottGem (Nov 4, 2011 03:05 PM):   Source:
RickJ (Nov 7, 2011 07:26 AM):   Source:
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ScottGem's Avatar
ScottGem Posts: 58,169, Reputation: 28165
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#3

Nov 4, 2011, 03:04 PM


ANY question on law needs to include your general locale as laws vary by area.

If you used an inadequate extension cord for the heater and caused a fire that would have been YOUR fault not the landlord's.

It's very possible that new wiring was put in and they bypassed those outlets. So you may not have grounds for repairing the wiring yourself. As for the dishwasher, were you told it would work? A dishwasher is not a necessity and its lack of working does not make your unit uninhabitable.

The point here is that you are talking about items that do not make your unit uninhabitable, only inconvenient. And that may not be enough to take it upon yourself to repair and definitely not to withhold rent.

So my suggestion is to give the landlord one week to deal with these problems or you will report it to the local housing department. If he doesn't then you go to the housing department and report it. If they inspect the premises and issue summons to the landlord THEN you can give him a deadline to repair or you will contract for the repair and deduct it from your rent.

But don't be surprised if the housing department doesn't issue any summonses since, as I said these are not big issues.
twinkiedooter (Nov 5, 2011 09:25 AM):   Source:
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CliffARobinson's Avatar
CliffARobinson Posts: 1,428, Reputation: 510
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#4

Nov 4, 2011, 03:28 PM
I believe you are in Missouri. Please take a look at this Missouri Landlord/Tenant brochure.

Quote:
The landlord should be responsible for repairs caused by ordinary wear and tear and natural forces such as the weather. Tenants should pay for damages resulting from their own negligence or the negligence of a guest.

If repairs are needed, ask the landlord to make repairs within a reasonable period of time.

If repairs are not made, make a written request for the necessary repairs and keep a copy of the letter.

If the repairs still are not made, the tenant may seek legal assistance. If the dwelling becomes unsafe due to the repair problems, the tenant should contact local health or housing authorities.

If a tenant withholds rent payments until repairs are completed, the renter may be in violation of the lease and may be subject to eviction
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LisaB4657's Avatar
LisaB4657 Posts: 3,499, Reputation: 2612
Expert
 
#5

Nov 4, 2011, 03:56 PM


If there was a dishwasher in the apartment when the keys were given to you then the dishwasher is supposed to be in working order. You have already sent the landlord a letter that the dishwasher is not working and needs to be repaired.

Now send another letter to the landlord, stating that there are outlets that do not work and the dishwasher has still not been repaired. Then say that if these repairs are not performed in 10 days then you will have the repairs done yourself and the cost will be deducted from the next rental payment. Send the letter by certified mail, return receipt requested and also send a copy of the letter by regular mail. Make sure you keep a copy of the letter for yourself.

If the repairs are not done within the 10 days after the landlord receives the letter, have them done, deduct the cost from the next rent payment and send copies of the repair bills to the landlord.

Good luck!
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BOWLBY71's Avatar
BOWLBY71 Posts: 5, Reputation: 10
Junior Member
 
#6

Nov 4, 2011, 04:02 PM
Thanks for the input but I keep running into problems with having someone come into my apt. to do the repairs since I dont own the building many merchants will not fix the problems due to im not the owner and have to have written permission from the owners and that i cannot get. So what do I do?
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LisaB4657's Avatar
LisaB4657 Posts: 3,499, Reputation: 2612
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#7

Nov 4, 2011, 04:07 PM


Quote:
Originally Posted by ScottGem View Post
It's very possible that new wiring was put in and they bypassed those outlets. So you may not have grounds for repairing the wiring yourself.
This is not correct. If there are outlets the tenant has every reason to believe that they are operative unless the landlord specifically tells the tenant that they are not operative and will not be made operative.

Quote:
As for the dishwasher, were you told it would work? A dishwasher is not a necessity and its lack of working does not make your unit uninhabitable.
Making repairs and deducting them from the rent has nothing at all to do with necessities or habitability of the apartment. If the apartment was delivered with a dishwasher then the tenant has every reason to believe that it is operative unless the landlord specifically tells the tenant that it is not operative and will not be made operative.

Quote:
The point here is that you are talking about items that do not make your unit uninhabitable, only inconvenient. And that may not be enough to take it upon yourself to repair and definitely not to withhold rent.
As I said above, habitability has nothing to do with making repairs. I think you are confusing a tenant's entitlement to a rent abatement with a tenant's right to repair and deduct.
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AK lawyer's Avatar
AK lawyer Posts: 9,950, Reputation: 4217
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#8

Nov 4, 2011, 04:09 PM
Quote:
Originally Posted by LisaB4657 View Post
Twinkie's response was completely correct. ...
If the repairs are not done ... have them done, deduct the cost from the next rent payment and send copies of the repair bills to the landlord.
I really see not much difference between witholding payment of rent and deducting the repair charges from the rent. I don't believe the tenant can do either of these things without risking eviction.

And particularly with respect to a dishwasher or a couple of non-functioning electrical outlets. As has been noted, neither are necessary. They are mere conveniences.

Let me give you an extreme example: tenant moves in and everything is as it should be. A month later, one of the floor-boards begins to squeak. Tenant complains to LL, but nothing is done. Can tenant replace the floor at LL's expense? I think not.
twinkiedooter (Nov 5, 2011 09:29 AM): Huge difference in withholding/not paying rent   Source:
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LisaB4657's Avatar
LisaB4657 Posts: 3,499, Reputation: 2612
Expert
 
#9

Nov 4, 2011, 04:09 PM
Quote:
Originally Posted by BOWLBY71 View Post
Thanks for the input but I keep running into problems with having someone come into my apt. to do the repairs since I dont own the building many merchants will not fix the problems due to im not the owner and have to have written permission from the owners and that i cannot get. So what do I do?
An appliance repair company will not come into your apartment to fix the dishwasher? You can't find an electrician who will come in to fix the outlets?
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ScottGem's Avatar
ScottGem Posts: 58,169, Reputation: 28165
Computer Expert and Renaissance Man
 
#10

Nov 4, 2011, 04:13 PM
Quote:
Originally Posted by BOWLBY71 View Post
Thanks for the input but I keep running into problems with having someone come into my apt. to do the repairs since I dont own the building many merchants will not fix the problems due to im not the owner and have to have written permission from the owners and that i cannot get. So what do I do?
So you do what I suggested, you have the building dept inspect and issue summons. Armed with those summons you can get workmen to come in and do repairs.

And this is one of the rare times I'll disagree with Lisa. If the dishwasher was not working and you were aware of this when you took the apartment and there was no indication that it would be repaired, the, dishwasher may not be considered a necessary repair.
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