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Witholding rent and getting back a deposit?
I have withheld my rent for this month (I did get legal advice before doing so). I am going to leave in the next week or two if the inhabitable living conditions are not repaired and resolved. Can I get back my security deposit?
The heater was capped in March by PG&E for being a health hazard. They never fixed it. Also, the plumbing is messed up pretty bad...everything backs up and leaks. The owner was made aware of this months ago.
7 Answers
- Anonymous1 decade agoFavorite Answer
If your place has damage to vital services like the toilet don't flush, the shower leaks, the drains get plugged up, the heat don't work.
Make a list of problems and send them with your certified return receipt requested letter giving him two days to fix it or your moving out. Wait 2 days. Don't pay the rent.
Take a walk. Forget your security deposit.
Some landlords are crooks, sounds like you've got one.
- 1 decade ago
It depends on what state you live in-some states have habitability laws that can be enforced by the tenant-in other words, you can "repair and deduct". Others have no such protection. Not many have "withhold rent" protection. You can research this by looking up "tenant's rights...your state". Since the landlord has your security deposit already, should he/she decide to keep it, you would have to sue in small claims court to get a judgment.
- gsdgirlLv 41 decade ago
Yes property must be provided fit for living and if not they are in breech of contract. You can send landlord a breech of contract if things are not fixed. Witholding rent is a breech of contract on your part. If you rented the property in this state and it was noted in defect inspection and noted by both parties prior to you renting the premesis then unfortunately you have no case. However if this happened during your tennancy agreement then your landlord has a duty of care to his tennants - all info should be on te RTA website. They can withold part of your security deposit if you withold rent and this violates your tennancy agreement.
- estielmoLv 71 decade ago
Be sure you followed the exact, precise rent-withholding system established in your state.
He'll probably keep it and you'll have to sue in small claims court. So be sure to have lots of photos and documents to back your case.
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- Damien LLv 61 decade ago
yes...in small claims court. (breach of contract) prepare to be counter-sued.
- Anonymous1 decade ago
Don't hold your breath. It'll likely be a fight.