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Question

Postby crazieday » Thu Jan 05, 2012 12:09 pm

I am renting a full home. In Nov I deducted $107 from my rent due to the fact my landlord refused to fix the fireplace problem I had requested by text end of Sept. They had over a month to fix and failed to do so, they did give me a written request on Oct 3 to have access to the home for the fireplace and furnance but never did anything since then. They demanded the money and I refused it. I did call legal aid and was told if they attempt to evict me over this I can state they are retailization and that heat is required per warranty of humanity law. Nov 12, I informed the landlord the sump pump was broke. They refused me permission to fix. On the 17th I received a written notification from the landlord requesting access to the home. I never responded. On Nov 29, I received a 30 day vacate notice (I am a month to month tenant). On Dec 3, I got a email asking for rent and that I am expected to be out by the 30th of Dec. Dec 5th I got a 3 day pay or quit.
My court proceeding for non payment was Dec 23. I never got notice. I spoke to the post office and they stated with Christmas a lot of times mail is not delivere right. But according to the USPS website a notice was left at my home Dec 19. I never got this. So the landlord won due to my no show.
I just file my notice for cause. I am holding rent for one because of the repairs. I deducted $455 from my rent in Dec due to the bailing of water I had to do to reduce the furnance and water tank from being damaged.
I am also reporting I was improperly served.

I have not done a written notice of request of repairs, I only did this by text when it broke. I have not spoken to the landlord since Nov 12. I did not respond to their request for access Nov 17th.

Does anyone have the law code to which states I have this right to hold rent for repairs? The sump pump is in the basement and not a part of our living area, it is for storage only.

Thank you
crazieday
 
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Joined: Thu Jan 05, 2012 11:54 am

Postby ronin » Tue Jan 10, 2012 3:15 pm

Boy, you sure took your sweet time looking for advice!

My first advice to you is to realize that you are a month to month tenant and can get a notice ending your rights to stay there.- Oops. Too late.

Renting an entire house may be very different from renting an apartment. Trying to withhold rent in that circumstance was not a good move.

Now your in court behind the 8 ball after getting sewer service. You just have to hope your order to show cause works out.
ronin
 
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Joined: Sat Mar 16, 2002 2:01 am


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