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Frequently Asked Questions

Can a tenant withhold rent to force a landlord to make repairs?

W&M: Real Estate - Landlord/Tenant F.A.Q.
No. The law considers rent and repair separate issues. Absent a rental clause or contractual agreement to the contrary, a tenant must pay the rent on time and resort to other legal recourse to obtain repairs from the landlord. See, Borochoff Properties v. Creative Printing Enterprises, 233 Ga. 279, 210 S.E.2d 809 (1974).

My landlord has refused to make repairs to my apartment. Can I withhold my rent?

FAQs' about Housing Court
No. In Ohio, a tenant whose landlord refuses or fails to make repairs cannot withhold their rent. However, the tenant may deliver to the landlord written notice of the defective conditions or repairs requested. Then, if the landlord does not make the repairs in a reasonable amount of time, the tenant may deposit her rent with the Court. You can get more information about rent deposit from the Housing Court Specialists on the 13th Floor of the Justice Center.

If I am a tenant, how can I get the landlord to make repairs to my home?

Superior Court of D.C. - Civil Division - Landlord and Tenan...
If a landlord fails to make repairs after a tenant notifies the landlord about the need for repairs, the tenant has several options. A tenant may call a housing inspector at the D.C. Rental Accommodations Office at 202-442-4610 who will report the violations to the landlord and the Department of Consumer and Regulatory Affairs.

Can I do the repairs myself and then withhold the costs from my rent?

Your rights as a tenant (FAQs)
You may do this only if the problem you want to repair poses an immediate health risk that you absolutely cannot wait to fix. For regular repairs, you cannot do this unless you have the written permission of your landlord before hand.

Can my landlord raise my rent if I ask him/her to make repairs in my unit?

Tenant Verification, Screening, Credit Checks, Landlord Serv...
The landlord cannot raise your rent because you have complained about problems in your unit such as broken plumbing or heating. You must be able to prove that the landlord raised your rent in retaliation for your complaint if you choose not to pay the increase. This may be difficult to prove without placing your tenancy at risk. You will want to consult an attorney prior to withholding rent.

Question: Can a tenant legally withhold rent?

Evictions Unlimited - Philadelphia, PA - FAQ
Answer: The tenant must inform the landlord in writing that he/she intends to withhold rent if a specific problem is not solved by a certain date. The rent must be deposited into an escrow account and the landlord must be notified of same.

What if my landlord won't make repairs?

Family Housing Advisory Services - FAQs
In most cases, this is a landlord-tenant issue. If the things needing repair are serious enough to be code violations, then you can make a WRITTEN request for repairs to be done in a certain length of time (14 days in Nebraska, 7 days in Iowa) ort the landlord maybe in violation of the lease and you might have the right to leave with proper notices. In Nebraska, see the Landlord-Tenant Handbook at the Nebraska Legal Aid website under "Booklets" (see Links) for instructions and sample letters.

What Can I Do If My Landlord Does Not Make the Repairs?

LawHelp State Frequently Asked Questions
You can cancel the lease if the apartment is no longer fit to live in or if the damage was substantial. Or you may make the repairs yourself and deduct a reasonable cost from the rent due. Rent withholding may not be used to force repairs. For more information on how to repair and deduct, see our FAQ, "Repairs--What Can I Do When My Landlord Won't Make Them."

Is a landlord always required to make repairs?

W&M: Real Estate - Landlord/Tenant F.A.Q.
A landlord cannot avoid the duty to make repairs. However, this generally only applies to major repairs, heat, water, roof falling in, and does not generally apply to small repairs, unless the repairs are contracted for in the leasing agreement.

I have a problem with my landlord (or tenant). What can I do?

The State of Alaska Department of Law - Frequently Asked Que...
The attorney general does not regulate relationships between landlords and tenants. The Landlord and Tenant Act: What it Means to You is a good resource. You can find it at the Real Estate Commission's web site, http://www.dced.state.ak.us/occ/prec.htm, or by writing to the commission at 550 W. 7th Avenue, Suite 1500, Anchorage, AK 99501-3567 or calling (907) 269-8168. This booklet summarizes landlord and tenant obligations under Alaska law.

Can I withhold rent when maintenance repairs are not taken care of?

Lubbock Apartments for Rent
It is a state law that a resident cannot withhold rent for non-repair. The owner has a right to evict for non-payment of rent.

My landlord refuses to make repairs to my apartment. What can I do?

FAQ - NYC Affordable Housing Resource Center
If you are a tenant in a building, there are several things you can do to get your landlord to make repairs; however, you may want to take the following steps in order to establish a record: If the superintendent or management company does not respond, write a letter to the owner of the building that describes the problems in your apartment and asks for the repairs to be made by a certain date.

What action can a landlord take if the tenant doesn't pay the rent?

faq
A landlord may issue a notice of termination if the tenant fails to pay rent lawfully owing under a tenancy agreement. The notice may not be effective earlier than the 7th day for a daily or weekly tenancy or the 14th day for all other types of tenancy agreements. The notice must specify the amount of rent overdue and that the tenant may avoid termination by paying the rent before the notice becomes effective.

Back to Top Whom do I call regarding landlord/tenant disputes?

City of Phoenix Law Department - FAQ
There is a parking garage directly south of City Hall and the Phoenix Municipal Courthouse located at 305 West Washington. The entrance to the parking garage is off of 4th Avenue. The following link will provide you with a downtown area parking map.

I am a tenant and was just handed paperwork from my landlord by a sheriff? What do I do?

NH Judicial Branch WEB FAQ's
If you want your case to be heard in court (all landlord-tenant cases are heard in District Court) you should fill out a pink appearance form available in the clerk's office. The court will give you two copies, one to mail or deliver to the landlord and one to keep for yourself. The court will schedule a hearing within the next 10 days for you and the landlord to appear before a judge. For more information go to the District Court's Landlord/Tenant Claims page.

Q I have a problem with my landlord. What are my rights as a tenant?

FAQ
For your convenience, the Office of Attorney General offers a brochure entitled Tenant Rights in North Dakota - this brochure also provides contact information if you have Federal Fair Housing Act concerns. Q I have been making payments of $15 a month on my hospital (clinic) bill. The hospital (clinic) wants me to pay $200 a month or they will turn the bill over for collection. I can't afford that much.

What law in Virginia addresses landlord-tenant issues?

VDACS - Office of Consumer Affairs - Landlord-Tenant Frequen...
The Virginia Residential Landlord and Tenant Act (VRLTA), Sections 55-248.2 through 55-248.40 of the Code of Virginia, establishes the rights and obligations of landlords and tenants in the Commonwealth. Only the courts can enforce those rights and responsibilities. The VRLTA handbook, as published by the Virginia Department of Housing and Community Development, contains additional information and a copy of the law.
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