Hi, my husband and I have been renting our apartment for over 3 years. Last feb or march I had brouht to my landlord that my bathroom ceiling was leaking. We were told that we have to wait for the snow to melt. Then came June, was then told that someone would be around to look at it.(never saw anyone come)in July was told that they are having a hard time finding someone to fix it because it is a rolled roof(whatever that means). It is now nov.21 and still nothing has been done. Also we told the landlords that are heat is working in 3 rooms, was told that they would get the parts. That was last month. I have 3 kids, the one is 6 months old, I need to have heat, if anyone,her. My question is, can I legally hold my rent from them until its fixed or can we be evicted? I believe it is a month to month lease.

You will most likely be evicted for holding rent, it depends on the state that you live in and what the laws are on month to month apartment rent.

I've learned that to get something fix in an apartment you have to call every single day until it is done otherwise you are put on the bottom of the waiting list.

You can try reporting the apartment complex or management team for letting you live in unsanitary living conditions.

Another thing that you could look into is sending your landlord a letter outlining the issues (especially the heat) and saying if he doesn't get it fixed by time X, you will hire someone to do it and deduct that amount from the rent. If there is a tenant/landlord mediation group in your area, they can probably give you some advice on this situation.

Normally you will have to bring legal action against the landlord for repairs, then the rent can be placed in a escrow account with the court pending the outcome of the court hearing.

You can't just "not pay" or they will just add up late charges, and evcit you.

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Originally Posted by krusty096

my question is, can i legally hold my rent from them til its fixed or can we be evicted? i believe it is a month to month lease.

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Hello krusty:

Without a lease, you have NO leverage. If you withhold rent, you'll either be evicted or given a 30 day notice. What's the difference? Yeah, he's a lousy landlord. Ok.

I'd start looking for a place.

excon

I guess I will go with excon, why in the world are you still living there, leaking roof, no repairs and more. Why not just move?

The good thing about your situation is that it is month to month. MOVE! Thirty day notice and you're gone. There are places that have super-low move-in specials and all sorts of things. Good luck to you. I would highly suggest finding a better place to live with your children. Make sure to give that 30 day notice though.