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.

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).

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.

I believe you are in Missouri. Please take a look at this Missouri Landlord/Tenant brochure.

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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.

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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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!

Thanks for the input but I keep running into problems with having someone come into my apt. to do the repairs since I don't own the building many merchants will not fix the problems due to I'm 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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Originally Posted by ScottGem

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.

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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.

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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.

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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.

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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.

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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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Originally Posted by LisaB4657

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.

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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.

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Originally Posted by BOWLBY71

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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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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Originally Posted by BOWLBY71

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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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.

For all that have given me input I have never stated anything about the apt not be able to live in, all I'm trying to find out is how to deal with issues that I cannot get fixed on my own due to I do not own the property the dishwasher not working really is no big deal I can wash dishes by hand but the fact remains that I have communicated this issue as well as the electrical outlet and yes I know if I use a cord it is my fault I'm not a dumb *** just trying to understand legally how to deal with this due to its been 7 months and I'm getting no where and when I try to have a contractor come in to do the work I can not get it done due to I don't own the building so I don't know what my options are and I'm in no position to just up and move.

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Originally Posted by BOWLBY71

For all that have given me input I have never stated anything about the apt not be able to live in,

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No you didn't, but you have to understand that, at least in my opinion, it is a focal point of the matter. If the items that are non-operable are not items that you are legally entitled to, then a court may not uphold your right to deduct the cost of those repairs from your rent. I think this is consistent with rules for MO that Cliff posted.

So your best option is to get those repairs legally recognized so a court will uphold your right to have them done.

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Originally Posted by AK lawyer

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.

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You may think not but you would be incorrect. If an apartment develops a squeaking floorboard and the tenant did not do something to cause the floorboard to squeak then the tenant has the right to have it repaired if the tenant has previously notified the landlord in writing and the landlord has failed or refused to repair it.

As I said above, it does not matter if the items are necessities or conveniences. If an apartment is delivered to a tenant with these items then it is implied by law that they are operative unless the tenant is specifically told that they are not operative and will not be made operative. Therefore the tenant is entitled to have those items repaired.

As for risking eviction if the tenant repairs and deducts, the landlord is entitled to file a lawsuit for eviction for non-payment of rent. But when the tenant walks into court with copies of the notices previously sent to the landlord and copies of the repair bills, the burden will be on the landlord to show why the landlord was not required to make the repairs.

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Originally Posted by ScottGem

If the items that are non-operable are not items that you are legally entitled to, then a court may not uphold your right to deduct the cost of those repairs from your rent. I think this is consistent with rules for MO that Cliff posted.

So your best option is to get those repairs legally recognized so a court will uphold your right to have them done.

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A tenant is legally entitled to repair of all items that were in the apartment at the time the apartment was delivered to the tenant, unless the tenant was specifically informed that those items were not operative and would not be repaired. And if a landlord tries to say that they told the tenant that the dishwasher and outlets were not working then they'd better have some really good proof if they want to get away with that.

I have personal experience, in court, with these types of issues. If a landlord does not want to be responsible for repairs of any appliances once the apartment is delivered to the tenant then they lease had better say so.

I have been told many many times that the dishwasher would be repaired as far as having someone in to fix the outlets NO I cannot get anyone to fix them without written permission from the owners of the building otherwise I would have had both fixed on my own. I'm 40 years old and I have never had issues with renting before here, I've been more than patient on getting the dishwasher fixed as well as the outlets but I feel its gone on far to long and was just wondering what my options are as a renter. I'm a well educated man except for when it come to dealing with problems of a place I rent. But thanks to all whom have given me input. But I still have the problem with getting a repair person in here to fix it weather I pay for it or not, that's why I asked about with holding rent to me it would be the same if I could get someone in here to fix the issues I would sure take it off my rent but again I Don't OWN THE PROPERTY so I can't get this done.

Bowlby, thank you for coming to our site and asking your question. As you can see, our volunteer members are passionate about their advice.

I believe the best course of action is to ask an attorney before trying to make repairs - even if you could get a contractor to make them, withhold any rent, etc. I don't think you have confirmed whether you live in Missouri. If you do, this link to Western Missouri Legal Aide says it best:

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Two other options are available to force a landlord to make necessary repairs. You may be able to make repairs, then deduct the cost from your rent. In some cases you can file a lawsuit against your landlord and pay rent to the Court. You should not attempt to do either, unless you first get the advice of a lawyer to make sure you follow the required procedures. Otherwise, your landlord may try to evict you for failure to pay your rent.

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Wherever you live, seek out some council. There are free legal options available around the country.

Good luck.

Find a plumber and an electrician who will come in and give you written estimates of the cost of repair. Get at least two different estimates for each repair.

Once you have written estimates, send a letter to the landlord (certified AND regular mail) enclosing copies of the estimates. Tell the landlord that all contractors you have contacted refuse to perform the work without the landlord's permission. Then say that if the landlord does not have the repairs done within ten days then you will deduct the amounts shown in the estimates from the rent payment and you will place them into a separate bank account. Those amounts will be paid to the landlord when the landlord has completed the repairs.

While I do find it hard to accept that you can't get a repairperson to come in as long as you offer to pay them.

I can understand it more with the electrical, because that could mean a major job since walls might have to be opened to track down wiring.

But if you are being told by contractors that they will not come in to do the work or give an estimate because you are not the owner, then you are caught in a Catch 22 situation. The only way, I believe, you will get action is if you go to the building dept and ask that an inspection be done. If they will not do one (which I suspect they may not), then your next option is to consult a local lawyer to file suit against the landlord to compel him to do the work or get a court order to allow you to arrange it.

You've been asked a couple of times to give us your general locale. A lot of our answers have been a bit of guesswork, because we don't know the laws that cover your area.

I should also make it clear that I am not an attorney, but do have considerable knowledge and experience in this area (as do some of the others who have responded).

Again Thank You All!! I live the metro area of St. Louis, Mo. 63118

Good luck and keep us posted.