Ask Experts Questions for FREE Help !
Ask
    kirstyeccles's Avatar
    kirstyeccles Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 16, 2011, 04:55 PM
    What will happen if I withhold my rent due to damp?
    I moved into a property 2months ago and the house had a bit of damp in it so the landlord give me two tins of damp proof paint and said that will get rid of it so I spent a fortune on doing up my house and the damp is back and worse it is making my wallpaper peal off the walls and my daughters cot is covered in mold so now she has no bed, the landlord has offered to move me soi went and viewed a property which had mold all over the walls and is in worse condition than my house what will happen if I withhold the rent until something gets done about it or he moves to another house with no damp? I found out my house has had a few tennants come and go cause of the damp and he knew the damp proof paint paint wouldn't work but yet he still let me move in with a 4 month old baby at the time and now it is affecting her health.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Mar 16, 2011, 05:11 PM

    Have you reported the conditions to the health or housing department? You need to follow the rules for your area. Once you have properly reported it, and the landlord doesn't fix the problem, then you can either withhold rent, placing the rent in an escrow account.
    kirstyeccles's Avatar
    kirstyeccles Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Mar 16, 2011, 05:35 PM
    So what will happen if I just move out and take the rent with me for the damage to my wallpaper, carpets and daughters cot?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Mar 16, 2011, 05:52 PM

    The landlord sues you for unpaid rental and damages. Again, you have to do this right!
    kirstyeccles's Avatar
    kirstyeccles Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Mar 16, 2011, 05:56 PM
    Comment on ScottGem's post
    OK but I can keep hold of the rent until the landlord does the installation in the walls and the damp course and until he refunds me for the damages like the wallpaper and my daughters cot?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Mar 16, 2011, 06:28 PM

    Did you read what I said? You can't just decide to withhold rent. As soon as you do, the landlord will give you a pay or quit notice giving you 3-10 days to pay up or vacate. But, if you do it right according to the rules in your area, if he tries that, you walk into court, show the judge that you have properly reported the problems and they they have not been fixed. The court will, then (most likely) rule in your favor. But if you can't show that you have followed the proper procedures, the judge will rule in the landlord's favor.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can a landlord withhold a signed lease agreement due to disagreement with neighbors? [ 2 Answers ]

We received a signed lease agreement for one year for the following time period: 04/09/2008 to 04/09/2009). This was offered to us after we had completed the six month lease we signed upon moving in. We signed it also but held on to it as the landlord stated she would be out of the country for a...

Does my baby's due date start from my last period or when the unprotected sex happen? [ 4 Answers ]

Hiya, I'm new to this but just a quick qestion. Now today (17th Nov 08) I had unprotected sex with my partner as were trying for a baby. I think its been about 2 weeks since my last period. Now I'm trying to work out my due date but one website is asking me what is the last date of my period. Now...

When is rent due? [ 1 Answers ]

Tenant signed lease stating the agreement was Sept 15 and rent payments were due on the 15th each month. He was unable to pay the rent when he signed the lease but did pay 1/2 of the security . He paid the full rent Oct 1 and took possession at that time but has not paid he rent payment of Oct 15. ...

A Roommate on our lease moved out and did not pay rent, can we withhold security? [ 1 Answers ]

We signed a 3 person lease in the beginning of April on an apartment in Hoboken, NJ. 3 people signed the lease. I paid the security in full (1.5 months rent) and the other tenants paid me their portion. One roommate's check bounced. I then paid his prorated rent for the month of April. He has...

Can a tenant withhold rent because of faulty AC without a signed lease! [ 3 Answers ]

Hello, My son lives in Florida and is renting a condominium. He signed a one-year lease in 2005, however, he continues to reside in this unit since then, with, of course, the landlord's consent, on a month to month basis without having entered into a new lease. He has been having issues with the...

View more questions Search