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momma07
Sep 5, 2008, 11:18 AM
My water has been broke for a week. The landlord has tried to fix it but she will not call a licensed plumber. Do I legally have to pay full rent?

excon
Sep 5, 2008, 11:29 AM
Hello momma:

You Do have to pay ALL your rent, but it depends on your state law just WHERE you deposit it, and when you can do so.

We have your states landlord/tenant laws at the top of the real estate page on a "sticky note".

Most states allow you to hire a plumber and deduct the amount from your rent, but ONLY after you've made a WRITTEN demand, and the landlord has been given a reasonable amount of time to fix it herself. I don't know if the time that has already gone by will count, but I doubt it. Some states require you to pay your full rent into an escrow account. Some states will let you move into a hotel while your apartment is uninhabitable, and force the landlord to pay.

No matter what state, you need to start the process. Write your landlord a letter. Send it certified, return receipt requested. Send another copy by regular mail, and deliver one by hand if she's close by. In it, DEMAND the problem be fixed within 48 hours or you will seek whatever legal remedy your state law allows. Send it TODAY.

That'll get her attention. If not, at least you are covering YOUR behind.

excon