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Frequently Asked Questions

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.

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 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.

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.

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.

How much can the landlord raise my stabilized apartment rent?

NYC Rent Guidelines Board
The owner of a rent stabilized building is required to send you a lease renewal between 90 and 150 days before your existing lease expires. You then have 60 days to accept the lease renewal offer. If you wait longer than 60 days the landlord can refuse to renew your lease and could move to evict you after the lease expires. For more information on lease renewal in rent stabilized apartments see the fact sheet.

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.

Can I withhold my rent payment until they fix the house or apartment?

County Civil FAQ
If you withhold the rent, the landlord will probably file an eviction to have you removed. When you are served with the summons, you will have five working days to file an answer with the Clerk and deposit all the rent that is due into the Court Registry. The court will then decide on your case. FS. 83.201 refers to withholding rent.

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 refuse to pay rent if the landlord fails to repair something in my apartment?

Off Campus Housing
No, the tenant must continue to pay rent until the end of the tenancy. If something needs repair in your apartment, you should request the repair in writing and, if not satisfied, file an Application to the Director requesting settlement. Note: If a tenant in a yearly or monthly tenancy is 30 days in arrears of any part of the rent, the landlord may give a 15-day notice to quit. If a weekly tenant is seven days in arrears, the landlord may give a seven-day notice to quit.

What should I do if my landlord refuses me permission to make changes to my apartment?

Program for Environmental Geriatrics
The NYC Commission on Human Rights has a brochure, "Reasonable Accommodation in Housing Is the Law", that describes the landlord's legal responsibilities regarding a tenant's right to make reasonable changes to both the public and private areas to accommodate their disability. If the landlord is denying you or a client permission to make modifications, GEM recommends that you give him/her a copy of their brochure. To obtain a copy, contact the Commission on Human Rights at 212-306-7530.

Can my landlord enter my apartment when I am not at home?

Frequently Asked Questions of the Housing Court Department
Unless it is an emergency, no landlord can enter an apartment, absent a lease provision or a court order. Pursuant to G.L. c. 186, ?15B, a lease for residential property can provide that the landlord may enter to inspect the premises, to make repairs or to show the same to a prospective tenant, purchaser, mortgagee or its agents before the termination date of the lease.

Can my landlord evict me when there are so many repairs that need to be made?

County Civil FAQ
The landlord and tenant have obligations set out in F.S. 83.51 and 83.52. If the rental agreement is to be terminated, the statutes also outline the procedures for terminating a rental agreement in F.S. 83.56.

How much can my landlord legally raise my rent?

FAQ'S
Under California Law there is currently no maximum limit a landlord can raise the rent. As of January 1, 2001, your landlord must give you at least 30 days' advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect. Your landlord must give you 60 days' advance notice if the rent increase is greater than 10 percent. (Civil Code Section 827b.) Buildings under rent control fall under different rules.
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