What should I do if the landlord is just not fixing things?

Do i pay rent to my landlord even if he is not fixing things in my apartment?

  • I've lived in a 2 family home in NJ for the past 2 years. My landlord has not been fixing things around the house like he should, my 3rd bedroom hasnt had heat to it in about a ...show more

  • Answer:

    Legally you cannot withhold rent without a court order. Move Send certified letter listing needed repairs. Call your municipality's Building Code Office and file a complaint.

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You are going to have a hard time with this legally, as the heat does in fact work. The thermostat might be off, reading 80 when it is 65, but you certainly do have a working heater that heats the place to legal limits. You would not be able to legally withhold rent because the landlord is not actually in any violation.

Landlord

Better suggestion. Get an electric baseboard heater for the cold room since he has to pay the utilities anyway. You would have to have a legal proceeding to withhold rent. It would go into an escrow account and the court would say yes or no to your petition. Best solution is a baseboard heater and a letter to the landlord telling him that you are deducting the cost of the unit from the rent because he couldn't or wouldn't make necessary repairs. That is legal and he can't go against you or he would get beaten in court for not providing proper heat. Always look for a solution that works when you can't find a way to get your original demands met. Go to an electrical supply house to get the heater and make sure you get one that is enclosed and can't start a fire. The company that sells them would be able to tell you what is safe and up to code specs. Even in NJ (I live there) these problems can be solved. Best of luck to you.

If a landlord doesn't make required repairs, what are the consequences? If a tenant requests repairs and the landlord or property manager doesn't meet the habitability requirements, a tenant usually has several options, depending on the state. These options include: * making the necessary repairs and deducting the costs from the next month's rent * withholding the entire rent until the problem is fixed * paying less rent while the rental remains substandard * calling the local building inspector, who can usually order the landlord to make repairs, or * moving out without responsibility for future rent, even in the middle of a lease. A tenant can also sue the landlord for a partial refund of past rent, and in some circumstances can sue for the discomfort, annoyance, and emotional distress caused by the substandard conditions. Your best bet is to handle repairs as soon as possible (or delegate the repairs to the tenant in exchange for decreased rent). Take care of major problems, such as a plumbing or heating problem, within 24 hours. For minor problems, respond in 48 hours. Always keep tenants informed as to when and how the repairs will be made, and the reasons for any delays.

silky1

You coud consider moving, depending on how long you have on your lease. You would need to pay the remaining lease though. Try sending him a certified letter, so u can get a return receipt. Tell him you're going to withhold any rent until he comes to fix the problem areas. If he tries to sue you for that, let him. If it's in the lease that the landlord is responsible for making repairs, then you may have a shot at winning the case. Take pictures of anything that needs to be fixed...something you can see that's obvious. The more proof u have, the better.

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