Can we withhold rent?

So this entire month we've had plumbing issues. Both bathrooms have overflowed ankle deep in water and has also seeped into the living room carpet. Downtimes it come sho the sinks or the showers don't drain. We've been renting for almost 2 years and never had an issue until now. The landlord said we can rip the carpet up if we want to. He has to replace the entire bathroom bottom cabinet (not sure what else) due to some water damage and starting to smell like mold. Not sure if we will have to stay somewhere when he does this. But rent is due on the first and I'm getting tired of the issued not being fixed. We are on septic and share with our neighbors. I'm afraid to flush the toilets and sometimes can't do laundry. Would we get kicked out for withholding the rent?

?2021-02-02T23:39:08Z

Speak to a lawyer versed in such issues.

?2021-02-01T22:08:51Z

why dont you get it fixed then charge the landlord , or are to too stupid to think of that .

ibu guru2021-02-01T20:18:35Z

Depends on your state laws & local ordinances, as well as any report or condemnation by the local Board of Health. Consult your attorney.

Christin K2021-02-01T18:38:04Z

Before you withhold rent, you have to check to see if it's legal in your state. It's not legal everywhere. 

And you should probably give your landlord a break here--there's a raging pandemic, and a lot of contractors aren't even working!  It sound from what you say, he's TRYING to fix the issue--and maybe has been having a hard time doing that. PAY your rent--and keep calling or contacting the landlord to get the issue fixed. you may indeed have to stay somewhere else while the problem is being fixed. If it's the shared septic system with the neighbors and it's their fault or the problem originates with their plumbing, then he has to go through a lot of channels to get it resolved. 


Plumbing issues are difficult to fix sometimes. Withhold rent over this and yes, you can get evicted for non-payment. Instead of taking such hostile action, FIND OUT what's happening first. 

?2021-02-01T03:23:48Z

In some states you can withhold rent under certain conditions (while in other states you almost never can) and without knowing your state its hard to give more exact advice. Regardless, even if you are in one of the "sometimes you can withhold rent", it doesn't sound like you can this time.  He is trying to fix the problem and make repairs.  

I would just keep bugging him every time a problem comes back.  If this is a clogged pipe, it should be repairable with a good plumber. if this is a high septic, the only solution might be a completely new septic system (hard to say). Since this was ok for 2 years, my guess is that its either some sort of clogged pipe (which again, shouldn't be that hard to fix, but can often be very tricky) or possibly the septic needs to be pumped out.  Anyhow, just keep bugging him and hope the repairmen figure it out soon.

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