I am having a chronic problem with my toilet for 2 months. It makes a VERY annoying noise in random time-frames from every 2 minutes to every 30 seconds. It's loud enough and annoying enough to disrupt my sleep.

My landlord has made 3 unsuccessful attempts to repair the problem. The third attempt resulted in my having a non-functioning toilet. He says I can use his bathroom until mine is fixed. My landlord is leaving for several days and says he'll fix it when he returns. I have serious doubts about his ability to actually fix my toilet.

My questions are "Can I call a plumber to have my toilet fixed and then deduct the fee from my next months rent?" and "Do I need to inform my landlord of these actions before I call the plumber?"

I live in NH. I do not have lease. My rent is paid up-to-date.

Thanks for any help you can offer. I'm tired, bleary eyed and cranky.

Hello cranky:

I understand crankyness... However, with only a month to month tenancy, you better tame your crankyness... Because it doesn't matter how right you are about the toilet, he can simply give you a 30 day notice.

So, if you're willing to move, you can force the issue. At the top of the real estate page, you'll find your landlord tenant laws. Without reading them, I'm sure there's a procedure for informing your LL of the damages by certified letter and giving him a reasonable amount of time to complete the repairs, BEFORE you withhold anything.

In my view, his actions verge on the unreasonable. But, if you didn't send him a demand letter, then the reasonable factor clock doesn't start until you do.

excon

You can deduct the repair from the rent but ONLY if you follow the rules. This generally means officially notifiying (in writing) your landlord that he needs to complete the repair within x days or you will contract for the repair and deduct it from your rent.

But, as excon noted with a month to month lease he can terminate it with just 30 days notice.

I agree with ScottGem and excon.

If he hasn't already left, have a heart - to - heart with him. (Follow up with the appropriate written demand letters, too!) Tell him that his solution is unreasonable and you're not going to, nor do you have to put up with it. "Offer" to handle it while he's gone by getting prices from a couple of plumbers and getting it taken care of. Let him know that you will not wait until he returns or use his toilet - that's ridiculous. (Nice offer for a few hours while the plumber is working or whatever, but not for a week!)

Keep in mind that you can also terminate the tenancy by giving a 30 day notice. Ask him if he's trying to get you to move? Maybe he is??