What can I do?Tenant owes rent.Instead says there is leak from upstairs.When I came to fix it he did not open door,instead called me & said I must give 24 hrs notice first.Meanwhile he filed complaint & I received violation.
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Anonymous
ANSWERS: 4
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The owing of rent is independent of your obligation as a landlord to fix defects. I think you've already answered your own question -- give the required notice, and arrange to fix it.
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Give 24 hours notice, and fix the leak. Notify the authority who sent the violation that it has been fixed. The violation notice usually gives you 15 days to make the repair.
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I would give him notice and start eviction proceedings. You do have a duty to fix repairs, but a tenant has a duty to inform you of problems and give you access to repair them. A tenant can only withhold rent if the landlord has been giving notice of a problem and fails to act within a reasonable time. A tenant also has a duty to safeguard the property, which includes not allowing a leak to turn into major damage. I would make sure you document everything, and give notice of eviction.
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You do have to give a notice but at least you showed up to fix the issue. It sounds like hes being a little anal about the situation. He must of had something to hide when you showed up. But then again that is his right.
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