I moved into an apt in May 2009. Paid one month's security. Multiple problems have occurred including a leaky cracked ceiling in the bathroom and a faulty heating system (In October). Landlords ignored calls for 2 weeks, then I called the city. They found 5 violations (3 of them major) and gave the landlord 72 hrs to fix. The landlord does not think it is a problem. I withheld my rent until these were resolved. He then sent me a letter after I was 6 days late saying he used my security deposit for the rent and that I owed a late fee. I want to terminate my lease this month and move to a safe place. My kids have already gotten sick because of no heat and mold in the basement (which they say is not their problem because it's not part of the apartment I rented). Can they use my deposit for the rent? Can I break the lease if these violations are not fixed w/in the 72 hr time frame given? Help?

When did the 72-hour notice expire? Have you notified the city that the repairs have not been completed?

The inspector called them on Oct 1st I believe.. today is the 9th. The landlords never responded to her message. She made a visit to their house to hand deliver, but not sure how that went. The official letter came in the mail yesterday, the 8th, so they have until Sunday the 11th to fix them at the latest.

First, did you inform the landlord IN WRITING that you were withholding rent until the violations were repaired? If you didn't that will weaken, but may not kill your case.

You have two courses of action open to you. Send the landlord a certified letter stating that since he has not repaired the violations, you consider him in breach of the lease and will be vacating the premises on x date.

Or you can remain in the unit (assuming he makes the repairs) and inform him that, you withheld rent only because he failed to repair serious building violations. That once the repairs are made, you will pay the rental due (without any late charges).

If he takes you to court, you show the judge the violations and your letter that you were withholding rent pending repairs (or just state that you did so) and he will, in all likelihood, lose.

If you move out and he does not return your deposit, you can try to sue for it, but I would not bother unless he sues you for additional money.

A landlord CAN withhold the deposit and apply it towards unpaid rental ONLY when the tenant vacates.

First, yes I did inform him in writing, via certified mail (have not gotten the return receipt yet), and I told him on the phone the day later that I had sent such letter.

I do not want to remain in the unit any longer than this month. I am not confident it is a safe place to live, especially through a new england winter. I want to move out and would like to send a letter saying that he is in breach of the lease as you suggested. If I do that though, can they still try to bill me for the remaining months? I'm sure they'll try, but do you think they will be successful?

I have NOT vacated and he DID use the security deposit for rent after only being 5 days overdue and after I informed him in writing of the circumstances. What are my options here? I have since paid the October rent and I am worried I will not get my deposit back and maybe I should use it for November?

Thanks for your advice. I appreciate I am not alone..

IF he does fix the violations within the deadline provided by the city, then you may not have any recourse. But if he misses the 10/11 deadline, then IMMEDIATELY send a letter stating he is in breach and you are terminating the lease.

First, his saying he used the deposit and actually doing s are two different things. Unless he is required to keep the deposit in an interest bearing account until you vacate, then its just a paper transaction and his statement is meaningless.

If you do vacate, you will have a bit of dilemma. Its not up to you to use the deposit towards rent. But the landlord can certainly apply the deposit towards unpaid rental.

So you could not pay Nov. In that case, he will have to sue you to recover anything he claims you owe him. My take is that, if you go into court show the violations and show his failure to repair them in a timely manner, then a judge will throw out his case.

If you pay Nov and then request your deposit back he will try to say he used it to repair damages you made and then YOU will have to take him to court to recover the deposit. Generally I do not advise withholding rent to use up the deposit, but in your case, it's the way I would go.

Good suggestion. I will have the letter pre-typed ready to go out on Monday morning just in case... and actually hope he does not comply.

I don't want to apply rent towards Nov or pay Nov.. I want to leave in Oct and can only hope he can't find $1000 worth of so called "damages" in the apt.

If he fixes the violations in time, then I will still move, and he will take the deposit again for November and then probably take me to court for the rest and I'll just have to counter claim to try to get my deposit back... I have lots of doco and people to back me up..

Wish me luck! I'll keep you posted.
Thanks so much!