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Posted by John on February 03, 2000 at 14:14:41:

In Reply to: Proper way to withhold rent for no water? posted by Minty on January 30, 2000 at 19:00:23:

The fact is if the landlord is doing anything at all to make the repair, or if there are any acts of God at play, for instance frozen ground, then you can not withhold rent, if you do he can file to have you evicted for non payment. You cannot even with hold part of your rent. And trust me when I say a housing court judge will tell you to pay your rent. Now if you decide not to then by law you are obligated to put your rent into an escrow account holding it aside until judgement is made. If you loose in court, and there would be a good chance that you would, then you could be obligated to pay the landlords legal fees and they could be hefty. I know this is not what you want to hear, but have you ever tried getting a plumber in this city and do you really know what difficulties the landlord is having? I know you re pissed off at him/her right now but consider their situation and know that Housing Court is actually sympathetic when it comes to landlords having to make costly and difficult repairs. And a water main is a very costly and difficult to repair. So be careful about putting yourself in trouble, because in this case if the landlord is trying then he is on the side of right. WHY? Because it is well understood that the infrastructure of this city is archaic and things like this happen all the time at no fault to the landlord.

Follow Ups:

• Re: Bad news pay your rent!! A couple of additional questions Minty 02/03/00 (1)
  • Yeah! At least they ae digging! John 02/03/00 (0)

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: The fact is if the landlord is doing anything at all to make the repair, or if there are any acts of God at play, for instance frozen ground,  then you can not withhold rent, if you do he can file to have you evicted for non payment. You cannot even with hold part of your rent. And trust me when I say a housing court judge will tell you to pay your rent. Now if you decide not to then by law you are obligated to put your rent into an escrow account holding it aside until judgement is made. If you loose in court, and there would be a good chance that you would, then you could be obligated to pay the landlords legal fees and they could be hefty. I know this is not what you want to hear, but have you ever tried getting a plumber in this city and do you really know what difficulties the landlord is having? I know you re pissed off at him/her right now but consider their situation and know that Housing Court is actually sympathetic when it comes to landlords having to make costly and difficult repairs. And a water main is a very costly and difficult to repair. So be careful about putting yourself in trouble, because in this case if the landlord is trying then he is on the side of right. WHY? Because it is well understood that the infrastructure of this city is archaic and things like this happen all the time at no fault to the landlord.


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