ANSWERS: 2
  • There are a lot of factors here. Among them are the laws of your state and the details of your rental agreement. Generally, failure to make repairs is not basis for withholding rent, but this is by now means hard and fast. If you have a written agreement, review it and see what remedy it provides for lack of services. Emails are not usually considered reliable communication, but be sure to keep them all as proof of your effort to contact. I suggest calling or visiting the landlord and working to resolve the issue. You have certain rights, among them reasonably safe and comfortable conditions. You may be able to apply pressure to the landlord to waive fees in return for not taking his failure to the authorities. Be sure to document all his failures, as by taking pics of the below standard conditions of your building. Keep a log of all efforts to contact him and all proofs in case you need to go to court or the housing commission in future. The simple answer to your question is: yes, you can ask, but it doesn't mean that you will receive. Best wishes
  • I AM NOT A REAL ESTATE AGENT> I AM NOT A REAL ESTATE BROKER. I AM NOT AN ATTORNEY. What is the language in the lease? The lease you signed is your Bible. If there is a repair deductible, then you are responsible for the cold air coming in through those windows. It's easy enough to do something about with that special plastic wrap and a hair dryer. Your lease IS NOT a unilateral agreement. You are not allowed to do as you want to do "after-the-fact". You NEED the landlord's permission - in writing. When you moved-in did you make a list of everything wrong with the property AND forward that list to the landlord or agent? After you took possession, did you notify the landlord or agent of certain things which were wrong with the property within a reasonable time? According to my family's lease "reasonable" time is within the first three (3) days after moving -in. However "reasonable" may be meant to be as lomg as 30. Days. If you didn't, you MAY BE limiting your options. There MAY BE several other things you can AND should do to protect your credit, your deposits AND allow your residency to continue: Go to your bank and open a separate account. Put your rent money AND the late fee in that account. Send a certified letter with ALL the things wrong with the property to the landlord or agent. In that letter notify the landlord or agent the money is in that account. No matter how minor or unimportant the repair, situation or problem may seem to be, put it on the list! When it's not on the list, its your responsibility. In other words, when you move from the property, it will be deducted from your deposits. When damages are more than the deposits, you will be responsible for any and all additional money. B] For the list to be easily read and understood, please clearly print or type the list. Each room or area should have its own heading or title. List all problems in that room or area. Do the same for the next room or area and the next. Do not forget ceilings, walls, floors, closets, doors [front and back], windows, stairways, halls, attic, basement, garage storage shed and, when applicable, any outbuildings; the outside of the house, condominium or apartment. C] List appliances not properly working, leaking faucets, "running" toilets; spots, burns, stains and tears on rugs; cracks on ceilings, walls and floors; chipped, missing and broken tile; cracked, stuck, broken or missing windows and screens; and all other problems as they appear in that room or area. Nails, nail holes and stuck, missing, cracked or broken windows may be in each room or area. DO NOT leave them out or forget them. Put them on the list. Be as specific and clear as possible. You may also wish to take pictures, too. Get duplicates. Sign and date the originals and the duplicates. Send the originals to the owner or agent. Send the duplicate list AND the duplicate pictures back to yourself. You might also want to send an additional set of pictures and the list to a friend's or relative's. Instruct that person or those folks what you are doing and NOT to open that envelope. That's just in case you don't get your deposits returned and you find it necessary to go to court to get the deposits returned to you. IF there is a problem in Court simply hand the UNOPENED envelope to the Bailiff, clerk or the judge. Let the Judge open that sealed envelope. You JUST proved your case. What do you think is going to happen? Thanks for asking your Q! I did my best to answer it! VTY, Ron Berue Yes, that is my real last name! Sources: My wonderful family! My terrific mentors and coaches! In the real estate business over 34 years in Pennsylvania. THE ABSOLUTE BEST, MOST WONDERFUL real estate investment group in the world, which I was very proud to be a member of! “The University of Hard Knocks” also known as ("a/k/a") "life's valuable lessons"

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